Hawaii Arrest Records

According to the 2021 crime report published by the Hawaii Crime Prevention and Justice Assistance Division, the number of index crime arrests in Hawaii decreased by 13.4% in 2021. Arrests for violent index crimes (murder, rape, robbery, aggravated assault, human trafficking commercial sex acts, and human trafficking involuntary servitude) increased by 3.9%, and arrests for property index crimes (burglary, larceny-theft, motor vehicle theft, and arson) decreased by 20.8%. Adult arrests comprised 94.0% of all index crime arrests in 2021, and juvenile arrests accounted for 6.0%.

In 2021, the total number of index crime arrests in Hawaii was 3,549, the fewest recorded over the previous ten years. The index crime arrests in the preceding three years were 4,099, 4,956, and 4,827 in 2020, 2019, and 2018. The total number of index crime arrests for adults in 2021 was 3,335, while the juvenile arrests for index offenses in the same year were 214.

What Is an Arrest Under Hawaii Law?

In Hawaii, an arrest is generally the act of taking a person into custody by law enforcement authorities under legal authority, typically to charge them with a crime. During an arrest, the person is physically detained and deprived of freedom of movement. The arresting officer must inform the individual of the reason for the arrest and, in most cases, their rights, including the right to remain silent and legal counsel.

Type of Arrests in Hawaii

Hawaii law generally allows arrests to be made without a court-issued warrant.

Warrant Arrest

Section 803-1 of the Hawaii Revised Statutes provides for warrant arrests in the state. When apprehending an individual suspected to have committed a crime in a warrant arrest, the apprehension must be based on the legal order of an arrest warrant. An arrest warrant is initiated when a prosecutor or law enforcement officer submits a sworn affidavit or complaint to a judge or magistrate. The officer will include reasons why they believe the suspect must be apprehended in the complaint.

Afterward, the magistrate or judge will review the complaint to determine whether there is probable cause or reasonable basis to believe that the suspect engaged in an illegal activity before issuing an arrest warrant. The arrest warrant issued by the magistrate or judge will include the suspect's name or sufficient description to identify them and the alleged crime. The magistrate or judge issues the arrest warrant to law enforcement agencies, authorizing them to find and arrest the suspect. Arrest warrants in Hawaii are valid until the person named on it is arrested or a judge cancels it, regardless of the period taken to execute the warrant.

The bench warrant is another type of warrant that may be used to apprehend a suspect in Hawaii. It is issued when a person fails to comply with a court order, such as failing to appear for a scheduled hearing in court. It may also be issued when a person violates probation terms, fails to pay court-ordered fines, or is indicted by the Grand Jury for a crime.

Warrantless Arrest

Per the provisions of Section 803-5 of the Hawaii Revised Statutes, a law enforcement officer or other officer of justice may make an arrest without a warrant when the arresting officer has probable cause to believe that the arrestee has committed any offense, whether in the presence of the officer or not. The state defines that an officer making an arrest without an arrest warrant has probable cause to make an arrest when the circumstances and facts in the officer's knowledge and of which the officer has reasonably reliable information are sufficient to warrant any individual of reasonable caution in the belief that a crime is being or has been committed.

What Are Hawaii Arrest Records?

Hawaii arrest records are generally official records pertaining to the arrest of an individual for alleged criminal behavior. Unlike criminal records, an arrest record does not contain a determination of guilt, sentencing information, or probation or parole information. An arrest record only contains information taken by the arresting officer and agency in apprehending a suspect but not information from any potential court proceedings arising from the arrest.

A Hawaii arrest record typically includes the following:

• The full name or detailed description of the arrestee
• Other descriptions of the arrestee, such as age, address, weight, height, hair color, eye color, and race
• The location and date of the arrest
• The mugshots of the arrestee
• The charges filed against the arrestee
• Bond information

How Can Arrest Records Be Accessed in Hawaii?

Arrest records that resulted in convictions (found guilty) are public records in Hawaii and are therefore available to the general public. However, arrest records that resulted in non-convictions or are still pending, are deemed confidential and unavailable to the public. You can access public Hawaii arrest records in the following ways:

Hawaii Criminal Justice Data Center's Criminal History Record Check

You may access Hawaii arrest records from the criminal history record available through the criminal history records check system of the Hawaii Criminal Justice Data Center. Note that arrest records may be accessible as part of a criminal history record. The criminal history records system allows requesters to perform a search using the name-based search and fingerprint-based search options.

A name-based search is generally recommended if you have the required personal information of the person whose record you want to access. This search method allows straightforward access to records using the subject's full name and other identifying information. On the other hand, a fingerprint-based search is typically recommended when you do not have the personal information of the subject of the search or when you want a more accurate search result as it reduces the likelihood of errors or misidentification.

Local Law Enforcement Search

Local police departments in the five Hawaii counties maintain arrest records for arrests made by law enforcement officers. If a local law enforcement officer arrested you in any of the counties, you may contact the police department in that jurisdiction. Some departments may provide online access to arrest logs, such as the Honolulu Police Department, which maintains daily arrest logs that can be accessed on its website. You may visit the department to make in-person inquiries if online access is not provided in a particular jurisdiction.

Hawaii Court Record Search

Another way you may access Hawaii arrest records is via the eCourt Kokua portal. This portal is a resource of the Hawaii State Judiciary and allows the public to search court records related to specific cases, especially arrest records that led to convictions. Alternatively, you may also access arrest records by contacting the clerk of the court in the jurisdiction where the case originating from the arrest was filed.

eCrim and Criminal History Record Check Public Access Sites

You may access arrest records that have resulted in convictions via the Hawaii Adult Criminal Conviction Information (eCrim) portal or at public access sites. Each unique search on the eCrim portal costs $5. However, you may reuse searches in the same login session. Note that the cost for an official eCrim report is $10. To complete a search, you will need the last name, first name, Social Security number, date of birth, and gender of the subject of the search.

If you opt to conduct the record look-up at an approved public access location, the state recommends calling the location you intend to visit for their work hours. Each search result printout at a public access site costs $25. The contact information of Hawaii criminal history record check public access sites are:

Hawaii Criminal Justice Data Center

465 S. King Street, Rm 102

Honolulu, HI 96813

Phone: (808) 587-3279

Honolulu Police Department

801 South Beretania Street

Honolulu, HI 96813

Phone: (808) 529-3191

Hawaii Police Department

349 Kapiolani Street

Hilo, HI 96720

Phone: (808) 961-2233

Kona Police Station

74-5221 Queen Kaahumanu Highway

Kailua-Kona, HI 96740

Phone: (808) 326-4646 ext. 286

Kauai County Police Department

3990 Kaana Street

Lihue, HI 96766

Phone: (808) 241-1661

Maui County Police Department

55 Mahalani Street

Wailuku, HI 96793

Phone: (808) 244-6345/6355

Third-Party Services

Third-party websites typically offer an alternative method for accessing Hawaii arrest records by compiling public records from various official sources, such as state and local law enforcement agencies. These websites may provide paid services that allow users to search for arrest records quickly and conveniently, covering multiple jurisdictions, including Hawaii.

While third-party arrest lookup services may be useful for persons looking for quick access to Hawaii arrest records, the accuracy and completeness of the information vary. Since they are not directly connected to official Hawaiian government databases, third-party arrest records may not be up-to-date or comprehensive. Additionally, they may omit crucial details or have outdated information, as their data may not be updated regularly.

How Long Will an Arrest Report Stay on Your Hawaii State Records?

Except for expunged under state law, Hawaii arrest records are generally maintained on file indefinitely. An arrest record may impact people's personal and professional lives by affecting relationships, housing, and employment opportunities. However, in some instances, Hawaii normally allows offenders to seal arrest records from public access, making the impact of having an arrest record less burdensome.

Can You Expunge Your Arrest Records in Hawaii?

An expungement in Hawaii removes arrest information from the statewide criminal history record information repository. However, if the expungement requested is for an arrest resulting in a non-conviction, the arrest record will also be expunged from the arresting agency if the court grants expungement. If the court only grants an order for expungement of conviction information, the arrest record may still be accessible at the arresting agency. Note that an expungement in Hawaii does not seal or remove the arrest information from the eCourt Kokua (the state's judiciary system) traffic records or other case files.

If you were arrested or charged with a crime but were not convicted, you may be eligible to apply for an expungement to remove the arrest from your criminal record per §831-3.2, Hawaii Revised Statutes (HRS). However, an expungement order will not be granted under the following circumstances:

• Felony or Misdemeanor with Bail Forfeiture: When a conviction has not been obtained due to bail forfeiture in felony or misdemeanor cases.
• Petty Misdemeanor or Violation with Bail Forfeiture: If no conviction has been obtained due to bail forfeiture, a five-year waiting period is required after the arrest or citation for a petty misdemeanor or violation.
• Absence from Jurisdiction: When an individual evades prosecution by leaving the jurisdiction, preventing a conviction.
• Involuntary Hospitalization or Mental Health Acquittal: In cases where a person was involuntarily hospitalized under Section 706-607 of the Hawaii Revised Statutes or acquitted or had charges dismissed due to a mental or physical disorder, no expungement is allowed.
• Deferred Acceptance of Guilty Plea (DAGP) or Nolo Contendere Plea: There is a mandatory one-year waiting period after the discharge of the defendant and dismissal of charges under Chapter 853 of the Hawaii Revised Statutes
• Prostitution Charge Deferred Plea: For prostitution offenses under Section 712-1200 of the Hawaii Revised Statutes, a four-year waiting period is required following discharge and dismissal of charges after a deferred plea

Hawaii courts are allowed to grant an order for the expungement of conviction for certain offenses and circumstances, such as:

• Sentencing for first-time property offender
• First-time drug offender before 2004
• Sentencing for first-time drug offender
• Operating a vehicle after consuming a measurable amount of alcohol for persons under the age of 21

To apply for an expungement, you must submit a completed Expungement Application and appropriate fee to:

Note that if you are applying for an expungement of an arrest record related to driving under the influence under the age of 21 conviction or a first-time drug-related/property offender conviction, you must submit relevant court documents along with the expungement application. To obtain a copy of your court documents and traffic abstract, contact the Hawaii Judiciary Communication and Community Relations Office at (808) 539-4909 or visit the office's website to make a request.

The state charges a $35 fee for first-time expungements. It costs $50 for a non-first-time expungement. This fee includes a non-refundable administrative fee of $10. If the expungement application is denied, the expungement fee minus the $10 fee will be returned to you. The fee may be paid using a cashier's check or money order made out to the "State of Hawaii." The expungement process takes 120 days to complete. If the application is successful, a certificate of expungement will be mailed to the address provided on the application form.

According to Section 846-3.2 of the Hawaii Revised Statute, expunged arrest records may be retained in a confidential file by the State and may not be divulged except on inquiry by:

• A court of law or an agency that is preparing a presentence investigation for the court.
• An agency of the federal or state government considering you for a position immediately and directly affecting the national or state security A law enforcement agency acting within the scope of their duties.

Since expunging your Hawaii arrest record does not seal court records related to the arrest from public view, you must take additional steps after expunging the arrest records to seal the associated court records. If you want to seal your court records, Section 831-3.2(f) of the Hawaii Revised Statutes allows you to request the court to seal your court records after expungement. You may confirm if your expunged record is still available via the Hawaii eCourt portal, visit the eCourt Kokua portal, and search for the case under your name by selecting the "party search" or the case search tab.

Hawaii typically recommends that you get the assistance of an experienced attorney when seeking to seal court records related to your arrest records. If you were represented by a public defender, you may visit the public defender's website or contact the office of Hawaii public defenders to complete the process. Hawaii public defenders are available at:

• Hilo: (808) 974-4571
• Kona: (808) 322-1945
• Maui/Moloka'i: (808) 553-1100
• Kaua'i/Ni'hau: (808) 241-7128
• O'ahu:
  • Felony Court: (808) 586-2200
  • Family Criminal: (808) 586-2300
  • District Court: (808) 586-2100

If you choose to complete the process of sealing your court records by yourself, you will need the following:

• A copy of your Certificate of Expungement from the Department of the Attorney General.
• Information about your case (available on eCourt Kokua):
  • Your case number
  • The court where your expunged case was filed

Once you have the required information available, you may complete the rest of the process by:

• Writing a letter to the Hawaii court where your expunged case was filed. The letter must include your first, middle, and last name, current mailing address, and a working phone number. Also, you must include a copy of your expungement certificate
• Mail the letter or deliver it in person to the Hawaii court where your expunged case was filed, addressing it to "Legal Documents. The relevant addresses are:

• Wait for approval: If the judge grants your request, you will receive an order sealing the expunged record via mail. You may also check on the eCourt Kokua portal to ensure your expunged case information is no longer available for public access.

Is a Citizen's Arrest Legal in Hawaii?

The citizen's arrest provisions in Hawaii laws are found in Section 803-3 of the state's revised statutes. The law states that anyone caught in the act of committing a crime may be arrested by any individual present without a warrant.

How to Look Up Arrest Warrants in Hawaii

You may look up arrest warrants in Hawaii in the following ways:

Contact Local Law Enforcement Offices

Local police departments and the sheriff division of the State Department of Law Enforcement maintain arrest warrant records in Hawaii. Therefore, you may contact the county police departments on the island or the state sheriff division where the warrant may have been issued to look up an arrest warrant.

Hawaii Criminal Justice Data Center (HCJDC)

Hawaii maintains a statewide resource for accessing criminal history information. While the resource may not directly list arrest warrants, you may obtain relevant criminal record details that could lead to finding warrant information related to an individual. To request the HCJDC, mail a completed Request for Criminal History Record Check form, the appropriate fee (stated on the form), and fingerprint card, if applicable, to:

The applicable fee is payable by either cashier's check or money order to the "State of Hawaii."

Hawaii State Judiciary System

If you know the county where an arrest warrant was issued, you may visit the courthouse in the county in person to request access to the court records maintained in the jurisdiction. The court clerk may help you search through the court's public records to determine if an arrest warrant exists.

Alternatively, you may use the Hawaii judiciary's eCourt Kokua portal to perform an online case search for court records in the state. From the case information provided via the portal search feature, you may be able to access arrest warrant information.

Hawaii eBench Warrants System

The Hawaii State Judiciary Information Management System maintains an eBench Warrants system that allows approved members of the state's law enforcement and criminal justice agencies to search and view traffic, criminal, and non-family court civil warrants. Note that this resource is not available to the general public.

Third-Party Websites

Some non-governmental websites or services typically offer Hawaii arrest warrant lookup options that may cost a small fee. These services offer convenience and a quick means of accessing arrest warrant information not only for Hawaii but also for other jurisdictions. While they claim to aggregate data from multiple government sources and public record databases, the accuracy of their information may be questionable.

Hiring an Experienced Attorney

Another efficient method to look up an arrest warrant is usually hiring an attorney to search. This option may be particularly effective if the odds that an arrest warrant exists for a person are high. Experienced attorneys may jump through the hoops in the Hawaii legal system more effectively and faster to determine if a warrant exists. They may also have access to resources that are not typically public. If an arrest warrant is found for an individual, they may quickly guide the person on the necessary legal steps to minimize potential penalties.