Hawaii Criminal Records
Hawaii Criminal Records, also known as rap sheets, are official documents that provide details about a person's potential or confirmed violations of the Hawaii Penal Code.
The information on a criminal record differs by state. In Hawaii, however, these records contain a wealth of information that assists in determining a person's legal history.
Typically, it includes information on arrests, allegations, convictions, sentencing, and any subsequent criminal proceedings. In addition, it may consist of details regarding parole or probation status, active warrants, and registered sex offender status.
Like any other state, the state's laws support the public accessibility of these documents. State criminal records are public documents under the Hawaii Uniform Information Practices Act (UIPA).
The availability of these records empowers individuals and organizations to make informed choices based on an individual's past behavior within the criminal justice system. Employers, landlords, and other organizations can utilize this information to assess potential risks associated with hiring or entering into agreements with individuals.
However, this state does not make all documents available for public viewing. Expunged or sealed records, for example, are not accessible to the general public. These measures aim to balance safeguarding the public interest and honoring individuals' privacy rights.
What Are the Types of Crimes in Hawaii?
Hawaii Criminal Records contain a wide range of offenses that reflect the diverse nature of criminal activity within the state. Therefore, individuals interested in obtaining these records must understand these crimes and the information they contain to gain insights into an individual's legal history.
When obtaining criminal records in Hawaii, one may come across the following crimes:
Felonies
Felonies in Hawaii refer to crimes that are more serious than misdemeanors. They typically involve acts that significantly threaten public safety, cause substantial harm, or demonstrate high criminal intent.
Unlike misdemeanors, which are generally punishable by fines or brief periods of incarceration, felonies carry more severe penalties, including longer prison sentences and more significant fines.
When a person is guilty of a felony in this state, they can face imprisonment for more than one year, and in some cases, the sentence can extend to life.
Hawaii felonies are categorized into three classes: Class C, Class B, and Class A. Each crime falls into one of these classes, with Class C indicating less serious felony violations and Class A signifying the most severe felony charges.
Class C Felonies
Class C felonies are the least significant category of felony offenses in Hawaii. If someone is guilty of committing a Class C felony, they may face a maximum of 5 years in prison and a fine of up to $10,000.
The following are examples of offenses that fall under this classification:
- Perversion of justice
- Second-degree assault
- Larceny
- Aggravated harassment by stalking
- Damaging someone else's property
- Riot
- Fraud
Class B Felonies
Punishments for Class B felonies in Hawaii are more severe than those for Class C felonies but less profound than those for Class A felonies. The crimes falling under this classification include:
- First-degree theft
- Robbery
- Financial fraud
- First-degree burglary
- Second-degree sexual assault
- Bribery
Anyone convicted of these crimes may face a maximum imprisonment period of 10 years and must pay fines of up to $25,000. However, the court may also consider previous convictions and the specific circumstances of the offender's case when determining the severity of the imposed sentence.
Class A Felonies
This form of felony carries the maximum sentence allowed in Hawaii. It involves sex trafficking, kidnapping, robbery in the first degree, and drug crimes.
A person convicted of this offense in Hawaii may receive a sentence of 20 years in prison without a chance of suspension or probation. For multiple counts of the same violation, the court may also impose fines with a maximum value of $50,000.
In addition to these three categories, felonies in Hawaii include attempted murder in the first and second degrees and murder in the first and second degrees.
Both attempted second-degree murder and second-degree murder carry a punishment of life imprisonment with the possibility of parole. On the other hand, those convicted of attempted first-degree murder and first-degree murder will face a sentence of up to life in prison without the possibility of parole.
Misdemeanors
Misdemeanors are less significant criminal offenses than felonies. Typically, they involve acts deemed to be of a lesser degree of harm, presenting a relatively lower threat to public safety. In contrast to felonies, which can result in extensive prison terms, misdemeanors are typically punishable by fines or lesser sentences in jail.
While misdemeanors are usually thought of as less severe than felonies, they still entail legal consequences that can have a significant impact on the lives of those convicted.
In Hawaii, an individual guilty of this crime may face jail time, probation, monetary penalties, special programming, or any combination of these punishments.
The following are the two classifications of misdemeanors in Hawaii:
Petty Misdemeanors
In Hawaii, petty misdemeanors are considered less severe than other misdemeanor offenses and bear less severe penalties.
A person convicted of this offense in Hawaii may face a maximum sentence of 30 days in a county or local jail and a maximum fine of $1,000. This category includes crimes such as promoting harmful substances in the third degree, reckless driving, disorderly conduct, and driving without a license.
Misdemeanors (Regular)
This category of misdemeanors carries a maximum term of a year in jail and a maximum fine of $2,000 or twice the total amount earned in the crime.
In Hawaii, some examples of crimes that fall under this category include:
- Driving under the influence (DUI)
- Drug possession
- Shoplifting
- Terroristic threats
- Staying in a park at night
- Assault
- Vandalism
- Evading capture
How Does Probation Work in Hawaii?
Probation in Hawaii is an alternative to incarceration that functions as an opportunity for rehabilitation, allowing offenders to return to the community while abiding by specific court-imposed conditions.
Typically, the probation procedure in Hawaii consists of several steps. First, after a criminal conviction, a magistrate may determine that probation is an appropriate punishment. The judge will then determine the terms and conditions of probation, considering the nature of the offense, the criminal record of the defendant, and any other pertinent factors.
Conditions of probation in Hawaii can vary based on case specifics and the offender's circumstances. Typical conditions may include routine meetings with a probation officer, substance testing, participation in rehabilitative programs, restitution payments, community service, and adherence to a specific curfew or travel restrictions.
In addition to the standard conditions, probationers in Hawaii must adhere to mandatory supervision requirements. These conditions require the probationer to refrain from committing additional local, state, or federal crimes. Furthermore, they cannot own or use prohibited substances illegally.
If applicable to the individual's case, Hawaii's mandatory conditions of supervision include participation in an approved domestic violence program. Additionally, probationers must comply with their probation officer's instructions regarding collecting DNA samples.
If probationers in Hawaii violate these conditions, there can be consequences and potential legal repercussions. The results for violating probation can vary and are typically based on the severity of the violation and the probationer's history.
However, possible outcomes include a warning, modification of probation terms, increased supervision, impositions of penalties, or worse, probation revocation.
How Does Parole Work in Hawaii?
Hawaii parole is the conditional release of a convicted offender from prison before the completion of their complete sentence. It serves as a means to facilitate the successful reintegration of individuals back into the community while ensuring public safety through continued supervision and support.
The Hawaii Paroling Authority (HPA) oversees the parole process in the state. This agency plays a crucial role in evaluating and deciding on parole eligibility, determining release dates, setting parole conditions, and supervising individuals on parole.
Three members are selected by the governor and certified by the state senate to make up the HPA. These members are knowledgeable in numerous fields, including criminal justice, social work, and mental health.
To be eligible for parole in Hawaii, an individual must first serve a minimum portion of their sentence, known as the minimum term. The HPA reviews each case individually, considering factors such as the nature of the offense, the individual's criminal history, institutional behavior, and the level of risk they pose to the community.
Additionally, the authority will conduct interviews with the incarcerated individuals, gather information from correctional staff, and may also consult victim impact statements or statements from the prosecuting attorney.
Once granted, the HPA establishes conditions the parolee must adhere to while living in the community.
These conditions vary depending on the individual's circumstances but commonly include regular reporting to a parole officer, maintaining employment or attending educational programs, participating in rehabilitative programs, and refraining from criminal activity and drug use.
Parolees are also subject to random drug testing and may be required to seek treatment for substance abuse if necessary.
What Is the Duration of Parole in Hawaii?
In Hawaii, parole can last from a few months to several years, and in some cases, it may extend until the completion of the individual's maximum sentence.
During the parole period, parolees must comply with the imposed conditions and actively work to reintegrate into society successfully.
It is essential to note that parole is not an automatic right in Hawaii. The HPA can revoke it if the parolee fails to adhere to the established conditions or engages in criminal behavior.
Furthermore, the HPA can conduct hearings to determine whether a parolee has violated their terms. If a parole violation occurs, the parolee may face sanctions such as increased supervision, re-incarceration, or a parole period extension.
How Does Expungement Work in Hawaii?
In Hawaii, having a criminal record can have significant and far-reaching consequences. Beyond the immediate legal penalties, these records can impact various aspects of a person's life, including employment prospects, housing opportunities, social relationships, and overall well-being.
Recognizing these difficulties, Hawaii provides a legal process for removing certain records to promote second chances and equitable treatment in the community.
Expungement in Hawaii refers to the legal procedure that makes criminal records inaccessible to the general public by sealing or removing them. It empowers individuals to rebuild their lives and pursue opportunities such as employment, education, and housing without the burden of a criminal record.
However, not all records in this jurisdiction are eligible for expungement. In Hawaii, expungement is only available for certain offenses, such as:
- DUI convictions under the age of 21
- First-time drug convictions
- Misdemeanor and felony charges that did not result in a guilty verdict
The expungement process in Hawaii is straightforward. Interested individuals may submit their application form online or in person at the Hawaii Criminal Justice Data Center (HCJDC). They must include copies of their court documents from the original arrest and pay the expungement fee.
The process itself usually takes about four months in Hawaii. The qualifying charge will still appear on the individual's criminal record during this time.
Once the expungement is granted, individuals will receive an expungement certificate through mail. This certificate will indicate which arrests have been expunged from their criminal record. The state will also notify the Federal Bureau of Investigations (FBI) to remove the expunged Hawaii Criminal Records from their files.
How To Obtain a Criminal Record in Hawaii
In Hawaii, interested individuals can request criminal records from any local government agencies in the state.
But the HCJDC is the primary authority responsible for maintaining and providing access to Hawaii Criminal Records. It provides an online portal for public access to criminal records.
To access criminal records In Hawaii through HCJDC, one can utilize the Criminal History Record Check. This service allows interested individuals to search for criminal records through name-based and fingerprint-based background checks.
The name-based background check offers individuals a convenient method to access criminal records based on a person's name. On this background check, interested individuals may request criminal records online, in public access locations, in-office, or by mail.
However, there are fees for requesting these records, and in-office and mail requests require a name-based form.
On the other hand, the fingerprint-based background check allows individuals to access comprehensive criminal records based on fingerprints. This method is highly accurate and provides a more thorough investigation into an individual's criminal history.
Individuals must schedule an appointment by contacting the Criminal History Record Checks Unit (CHRC) to initiate this background check. They must also ensure they have the necessary identification documents for verification during the appointment, the application form, and the required fee.
Another way to obtain criminal records in the state is through the Hawaii Police Department (HPD) or by contacting local law enforcement agencies. This option is useful when HCJDC doesn't have the documents or for obtaining more detailed information.
What Are the Criminal Background Check Laws in Hawaii?
To obtain Hawaii Criminal Records, employers, and other organizations must follow relevant laws when conducting background checks. These laws encompass regulations and requirements governing the state's acquisition and utilization of criminal background check records.
In addition to federal statutes such as Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act (FCRA), Hawaii has several state statutes that regulate background checks.
One example of these state laws is section 378-2.5(a) of the Hawaii Revised Statute. This section specifies that employers in Hawaii can inquire about and consider criminal records when making employment decisions. Still, the convictions must be reasonably related to the job duties for which the applicants are being considered.
Section 378-2.5(c) of the same statute also states that employers cannot consider misdemeanor convictions older than five years or felony convictions older than seven years. However, this lookback period does not include periods of incarceration.
Furthermore, Hawaii has implemented the Ban the Box law for private and public employers. This law expands employment opportunities to people convicted of offenses within the state.
Specifically, it prohibits employers from asking applicants about their criminal records until after a conditional job offer has been extended. It means that employers cannot include questions about criminal history on job applications or conduct background checks until a candidate has passed the initial stages of the hiring process.