Hawaii Public Records

How the Hawaii Uniform Information Practices Act (UIPA) Actually Works

Hawaii's public records law is codified at Haw. Rev. Stat. § 92F (Hawaii Uniform Information Practices Act (UIPA)). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 10 business days to acknowledge; up to 5 additional weeks for production. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: first $30 of work free; $0.05/page; search/segregation at $2.50 per 15 minutes after first hour. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Hawaii (the honest answer)

Many directory sites promise things Hawaii law specifically restricts. Here's what's actually true:

• Rap sheet access: Hawaii allows public name-based search via ecrim for $30 — relatively open. Third-party "instant background check" sites that promise a full Hawaii criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Hawaii's expungement law (Haw. Rev. Stat. § 831-3.2) are removed from public criminal history reports.
• Juvenile records are generally confidential under Hawaii law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Hawaii Uniform Information Practices Act (UIPA).
• Booking photos (mugshots) have increasingly restricted commercial use across Hawaii and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Hawaii

Hawaii's record-clearing law is found at Haw. Rev. Stat. § 831-3.2.

Eligibility: only available for non-conviction records (arrests not leading to conviction) and limited drug offenses.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Hawaii record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Hawaii Criminal Record

If you need your own Hawaii criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Hawaii Criminal Justice Data Center (HCJDC).

Walkthrough:

1. Choose your method: HCJDC eCrim online system $30 or in-person walk-up $15.
2. Complete the required form (most states use a standard request form available from the Hawaii Criminal Justice Data Center website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: online: immediate; in-person: 1-3 business days.
5. Review the response. If you find errors, the law at Haw. Rev. Stat. § 846-9 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Hawaii Record Laws You Should Know

• Act 192 (2016): Marijuana decriminalization affecting record handling.
• Haw. Rev. Stat. § 846-9: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Hawaii.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Hawaii background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.