Hawaii Misdemeanors

A misdemeanor is a criminal offense that is less serious than a felony, although more serious than an infraction. In Hawaii, misdemeanors may result in fines, probation, and short-term incarceration. A conviction of this type of crime is punishable by serving jail time in a county jail or community custody setting (not in state prison). Each state has a classification system for misdemeanors and penalties based on several factors.

What Is a Misdemeanor in Hawaii?

Hawaii’s Penal Code distinguishes between three categories of crimes—felonies, misdemeanors, and petty misdemeanors, including violations (which attract fines only). By statute, a misdemeanor is a crime punishable by up to one year in jail. A petty misdemeanor carries up to 30 days in jail. Though violations are not considered crimes, monetary fines are imposed as the only penalties. In Hawaii, this classification is stated under HRS § 701-107.

In Hawaii, misdemeanors include lower-level assaults, thefts under statutory thresholds, disorderly conduct, and certain traffic violations. Some impaired driving cases (OVUII/DUI) are prosecuted under HRS § 291E-61, which outlines specific penalties. The severity of the charge basically depends on the circumstances of the case and the prior criminal history.

Misdemeanor Classes and Penalties in Hawaii

Hawaii does not classify misdemeanors into Class A/B/C. Instead, penalties are set by general sentencing statutes and offense-specific laws:

• Misdemeanor: This leads to imprisonment up to one year. Offenders may be fined up to $2,000 (unless a specific statute states otherwise).
• Petty misdemeanor: It carries a maximum imprisonment of up to 30 days. Fines are governed by general fine statutes unless overruled by offense-specific provisions.

Courts may also impose other conditions, such as probation, restitution, community service, counseling/treatment,and license restrictions (especially in traffic/OVUII cases) as authorized under Chapter 706. Specific DUI/OVUII penalties, including short-term jail time sentences, fines, license revocation, treatment, and installation of an ignition interlock device, are set in HRS § 291E-61.

Misdemeanor Court Process in Hawaii

Where cases are heard. Hawaii’s District Courts have criminal jurisdiction over offenses “punishable by imprisonment not exceeding one year.” This makes them the primary venue where misdemeanors and petty misdemeanor cases are heard in the state. Felony cases begin with preliminaries in the District Court and are tried in the Circuit Court.

Typical sequence.

1. Arrest or citation. A police officer may either arrest an individual or issue a summons/citation.
2. First appearance/arraignment. The judge informs the defendant of their charge(s) and rights, sets release conditions, and may accept a plea. If they are sentenced to jail and are unable to afford court fees, a legal counsel may be appointed.
3. Pre-trial phase. At this stage, discoveries, motions, and plea negotiations are put into consideration. Nevertheless, diversion or treatment programs may be available where authorized.
4. Trial or plea. Many cases may be resolved through plea deals. In other cases, a bench or jury trial may proceed (jury availability depends on the nature of the charge).
5. Sentencing. Upon a plea or conviction, the court imposes a sentence within the authorized range. This may take up to one year for misdemeanors and 30 days for petty misdemeanors, including fines and other conditions.

Any confinement for a misdemeanor or petty misdemeanor is served in local facilities under county/judiciary arrangements. This is not the case for felonies, as they are served in the state prison.

Misdemeanor Records in Major Hawaii Cities

Hawaii operates a unified court system and a statewide online portal (eCourts Kokua Portal). The eCourt Kōkua is part of the Judiciary Information Management System. On this website, the public has access to District Court and Circuit Court criminal records, although they are subject to statutory confidentiality rules.

• Honolulu (Oʻahu; First Circuit). The First Circuit’s website links directly to eCourt Kōkua, where the public has access to criminal, traffic, civil, and family cases. Record seekers may search records by name or case number and view registers of actions. hearing, and basic docket entries. The Judiciary also offers user guides and support contacts to assist court users on the eCourt Kōkua portal.
• Hilo/Kona (Hawaiʻi Island; Third Circuit). Third Circuit cases, including those related to the Hilo and Kona districts, are visible on the eCourt Kōkua portal. The circuit’s webpage and forms center direct individuals to the public statewide search tools.
• Wailuku (Maui; Second Circuit). Maui County (this includes Maui, Molokaʻi, and Lānaʻi Counties) provides circuit contact information and self-help resources. Also, case lookups may be performed on the eCourt Kōkuaportal.

Across circuits, electronic records typically show charges (with HRS cites), events, hearing schedules, dispositions, sentences (jail/probation/fines), and outstanding balances. Scanned copies of records are limited; in addition, the clerk’s record serves as the official record. The Judiciary regularly updates eCourt Kōkua with new features. It helps the public to search upcoming hearings and facilitates public access

Traffic and petty matters. The eTraffic is a separate platform for paying traffic infractions and certain non-appearance citations within 21 days. This is a different portal from eCourt Kōkua, and it handles the payment of citations. Criminal traffic records, such as those for petty misdemeanors and misdemeanors, are accessible via the eCourt Kōkua.

How to Search for Misdemeanor Records in Hawaii

Anyone may find misdemeanor records in Hawaii through any of the following methods:

1. Start with the Judiciary’s Search Tools. Interested parties may visit the eCourt Kōkua portal for District/Circuit criminal case information. They may search using names of parties or case numbers. The information available will display the register of actions and hearing venues. The website also provides tips on how to format case IDs correctly.
2. Know your circuit. Understanding the location of your circuit helps facilitate the process. Oʻahu County is in the First Circuit, Maui County in the Second Circuit, Hawaiʻi Island in the Third Circuit, and Kauaʻi in the Fifth Circuit. The Circuit contact page directs users to the eCourts Kokua portal and includes clerk contacts for record assistance.
3. What is visible on the record? Public dockets generally include the case numbers, charges, HRS citations, calendar events, minute entries, dispositions, and sentencing details. Certain documents, such as orders and minutes, may be restricted to in-person viewing or to subjects of record.
4. Paying fines & tickets. Individuals may use the eTraffic platform to pay citations that do not require a court appearance. To pay your citation, you may follow the instructions and deadlines on the Judiciary’s website. (In Hawaii, criminal traffic citations are not processed through the eTraffic platform unless specifically designated.
5. If the records are not online. If you cannot find a record online, you may contact the circuit clerk on the Judiciary circuit contact pages. They often assist with certified copies, archived records, or sealed-case notices. For public access questions, the Judiciary posts a general help line and email for assistance.

Public criminal history vs. court dockets. Court records are different from statewide criminal history records. The Hawaii Criminal Justice Data Center (HCJDC) runs an eCrim portal (a name-based search portal that requires an access fee). It provides access to adult conviction records, but arrests that did not result in convictions are not accessible.

How Long Does a Misdemeanor Stay on Your Record in Hawaii?

In Hawaii, a misdemeanor may indefinitely remain on your record for a longer period of time.

In Hawaii, misdemeanor records do not automatically expire. In the absence of relief, a conviction remains on your criminal history and court record. Relief is available through two distinct systems:

Criminal-history expungement (HCJDC). Under Hawaii Revised Statutes § 831-3.2, the Attorney General may authorize the expungement of non-conviction arrest records.This is possible if the case resulted in acquittal, dismissal, nolle prosequi, or certain deferred outcomes. This may lead to removing it from the statewide criminal history repository. This is an administrative process handled by the Hawaii Criminal Justice Data Center (HCJDC). Nevertheless, it does not affect court documents or their visibility on the Judiciary's online system.

Court record removal/sealing (Judiciary).Expunging an arrest record and sealing/removing court records are separate procedures. Requests made to limit access to court case information on eCourt Kōkua follow Judiciary-specific procedures. This is typically distinct from the HCJDC expungement process. The Judiciary guides how to request the removal or restriction of court records.

Hawaii provides a limited pathway for relief from convictions, such as specific deferred adjudication statutes that may result in dismissal. These offenses may qualify as a “non-conviction” for HCJDC expungement. Hawaii does not offer a broad expungement of adult conviction records like some states with “clean slate” laws. Before filing for the expungement of records, you may review the HCJDC expungement FAQs and the Judiciary’s guidance on court record removal. Alternatively, you may consult an attorney to verify eligibility, fees, and required documents.

In Hawaii, a misdemeanor conviction remains publicly visible for an indefinite period of time on court dockets and may be reported as a conviction through eCrim. Non-convictions may often qualify for expungement from the state repository, and record visibility may be limited upon request.