Hawaii Arrest Records and Warrant Search
What is an arrest record?
Arrest records in Hawaii are kept by the Criminal Justice Date center of the state which is operated under the supervision of the Attorney General’s Office. The agency defines criminal history record inquiries as warrant searches launched by using the name or fingerprints of the subject. The results of the inquiry are known as rap sheets or police abstracts and depending on the applicant, the information in the response can contain conviction only data or it can include cumulative conviction and non conviction details.
Some statutes of Hawaii require that certain parties (read employers offering specific services and licensing agencies) conduct such investigations prior to hiring new staff. However, even these laws fail to give the precise description of a criminal history inquiry. What is clearly stated though is that criminal history records are generally to be disseminated for crime justice purposes. In this case and when information on criminal matters is being offered to applicants who have the legislative backing to look for this information, criminal history records can include information on convictions as well as on arrests that were not followed by a court conviction.
The Criminal Justice Data Center presently offers both name based and fingerprint warrant searches. Given the statutory explanation above, it is obvious that the latter is offered only to justice and licensing authorities and employers who are empowered by the state laws to look for such information. Since conviction related arrest records are considered public information, these are made available through the public access computers at the office of the Data center and by the sheriffs’ departments of every county along with the Kona police department.
Conviction, regardless of how old they are, will be reflected in the criminal history report of the subject. However, under Hawaii employment laws, potential employers are only allowed to use arrest records that are less than ten years old when making hiring and firing decisions. Also, if conviction details are being used, the case and the conviction needs to have a rational connection with the responsibilities of the job, only then can this information be used in such capacity.
To use the public service terminals at the Data Center to find information on HI arrest records and outstanding warrants, you will need the name of the subject, date of birth, social security number and gender. If you do not have all the information required, you will need to opt for assisted warrant searches by contacting a deputy of the agency. The results of the investigation can be viewed for free on the terminals in the agency office. However, if you need printed results, you will have to pay $10 for this. The Criminal Justice Data Center is also responsible for maintaining the Hawaii Sex Offender Registry which is available online at http://sexoffenders.ehawaii.gov/sexoffender/welcome.html;jsessionid=610D5D1B79F44F8603C079CE3AFD6A51.luka.
While conducting inquiries on arrests and active warrants from Hawaii through the Criminal Justice Data center, it should be noted that the agency will only provide information on crimes that were committed within the geographical limits of the state of HI. In other words, even if information on arrests that have occurred in other states points to the involvement of the subject in the criminal justice system, it will not be made available to applicants.
What is an arrest warrant?
Rule 3 of the Hawaii’s Criminal Code describes the procedure used to apply for arrest warrants. It states that the application submitted for the issue of an active warrant can be in the form of an information supported by a declaration or a complaint that is supported by an affidavit. The written statement must contain details on the criminal offense in connection with which the detention directive is being sought.
Furthermore, the probable cause requirement has been clearly mentioned; on the matter, the law says that no active warrant can be released unless a judicial officer/judge/referee acting impartially, independent of law enforcement, does not confirm that there is probable cause to believe that the offense in question was commissioned by the individual against whom the arrest warrant is being requested.
One affidavit or declaration can result in the release of more than one active warrant, summons and search orders. The affidavit for the issue of the detention order will have to be filed under oath with the office of the county clerk or the tribunal that is legally authorized to hear criminal matters. The complaint has to be lodged with the district court magistrate of the judicial circuit in which the offense is alleged to have occurred.
If an information with a supporting declaration is being filed this can be done by the sheriff’s office or the local law enforcement agency that handled the criminal case. On the other hand, a complaint against a criminal infraction will generally come from the prosecutor’s office. Given the fact, that the state attorney general’s office, the judiciary and the police work together for the issue of active warrants from Hawaii, itis understandable why these decrees hold the weight and power that they do.
How to search for an inmate in the Hawaii Prison System?
Jail records can be browsed online or they can be accessed by contacting the Department of Public Safety in person. Since, inmate information is considered a part of conviction data, the general public is given access to the same. To find an inmate in the prison system of Hawaii, you can use the SAVIN system (Statewide Automated Victim information and Notification). Victims can register with the service to receive timely intimation of the movement of a criminal through the correctional system, including anticipated parole and release dates.
To use the system, you will need the full name of the inmate, the correctional ID number assigned to him or personal identifiers. The latter will simply augment the accuracy of the results. The response to such an investigation will include a picture of the prisoner, type of sentence being served, location where the convict is being held, identifier details and release or parole dates. To use SAVIN online, go to http://www.hawaiipolice.com/statewide-automated-victim-information-and-notification-savin. For in person inquiries, you can contact the DPS at 919 Ala Moana Boulevard, Room 400, Honolulu, Hawaii 96814 or call on 808-587-1288.
Who can search for arrest records and warrants in HI?
Hawaii follows the open records system hence crime history data in the limited sense is made available to just about anybody who is interested in this information. Furthermore, for the bifurcation of criminal details, the state follows the federal policy of dividing information based on convictions. Limited crime history which is offered to the general public under the Uniform Information Practices Act will include details that will help in identifying the offender such as his/her name, age, gender, photograph and conviction data which comprises of information on all cases that ended in a guilty verdict.
The FOIA of the state is very clear on the matter that non-conviction information can only be released for justice purposes and to agencies that are allowed by the state legislation or some statutes or a court order to look for this information. In this case, non conviction details include information on all matters that are currently being tried, past cases that were dismissed or in which the defendant was acquitted, details on outstanding warrants from HI as well as arrest records from cases that did not eventually lead to the filing of formal charges and a conviction.
How to Request Records under the Hawaii Public Records Act?
To launch an arrest warrant search in HI, you will need to connect with the Criminal Justice Data Center which is a division of the Hawaii Attorney General’s Office. The agency offers three options for crime history inquiries. Online warrant search request are accepted through the Adult Criminal Conviction Information website (eCrim) at https://ecrim.ehawaii.gov/ahewa/. You will be charged $5 for every inquiry and will have to sign up with the site to avail their services. The official eCrim report will be a further cost of $10.
To initiate a crime history investigation by using the name or the fingerprint of the subject, you will need to contact the Data Center in person or through mail. You will have to provide the name, date of birth and the social security number (optional) of the subject. These inquiries are charged at $30 and you would be expected to pay $20 extra for notarization/certification. Use the form at http://ag.hawaii.gov/hcjdc/files/2013/02/chrc_2012-06.pdf and send this with the check or money order for the required amount made payable to the state of Hawaii. The package will have to be mailed to or taken down to:
Hawaii Criminal Justice Data CenterAttn: CHRC Unit465 S. King Street, Room 102Honolulu, HI 96813
Another way to find information on arrest records and active warrants from Hawaii is to simply visit one of the public access sites of the state’s justice mechanism. A list of all the law enforcement and justice agencies that offer this facility is available on http://ag.hawaii.gov/hcjdc/public-access-sites/.
How Long Does An Arrest Record or Warrant Stay On File In Hawaii?
Unlike in other parts of the country, Hawaii arrest warrants have to be served within a period of two years after their issue. The law states that if no attempt is made to serve the active warrant within this period, the case can be dismissed on these grounds. So, the onus is on the police to ensure that as many warrants as possible are served within the stipulated time. Information on warrants that have been quashed will be deleted from the central crime history database.