Arrest Records Hawaii
Arrest Records Hawaii
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Arrest Records Hawaii
This allows public users of the state's computerized information network to access statistical information, including "the percentage of each agency's records that are public or confidential, the number of written record inquiries received by the agency, and the number granted or denied in the previous fiscal year." OIP, RRS to be Available on HAWAII FYI, OIP Openline (newsletter), July 1992, at 1. Section 92F-12(a)(12) requires disclosure of "water service consumption data maintained by the boards of water supply." Although it has not explicitly ruled on the issue, the OIP does not appear to consider Hawaii's other public utilities-i.e., telephone, electric, and gas companies-to be government agencies whose records fall under the UIPA. The basic purpose of the UIPA, Hawaii's revised open records law, which became effective July 1, 1989, is to afford public access to all government records unless access is restricted or closed by law. For example, in 1996, the Hawaii Supreme Court required the public disclosure of information concerning employment-related disciplinary actions involving police officers, as required by the UIPA; and a federal district court invalidated a state statute limiting access to voter registration records.
Id. § 92F-11(a) ("All government records are open to public inspection unless access is restricted or closed by law."). Nevertheless, the UIPA preserves the Privacy Act's concern for privacy by acknowledging that "the policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy, as embodied in section 6 and section 7 of Article I" of the Hawaii Constitution. Hawaii's initial Sunshine Law relating to public meetings and records was enacted in 1975 and is codified as chapter 92 of Hawaii Revised Statutes Chapter 92, Sunshine Law. Hawaii is one of the most protective states when it comes to criminal background checks: Employers may not discriminate based on an applicant's arrest or court record, and the law limits an employer's consideration of convictions in hiring.
If you do not remember the details or whereabouts of a particular conviction, you can contact the Hawaii Criminal Justice Data Center (which is the criminal history record repository for Hawaii) to obtain your criminal record; this way, you can identify the county and court where you received the conviction. The state of Hawaii considers criminal convictions a matter of public records, so they are available for anyone interested in conducting a Hawaii criminal background check. In response to a request from then-State Senator Neil Abercrombie after he was denied access to an orientation for three newly appointed members of the University of Hawaii Board of Regents, the senate majority attorney issued an opinion holding that the session should have been open to the public: "The Legislature did not intend to limit public access only to decision-making meetings." Tom Kaser, Honolulu Advertiser, July 28, 1979 (quoting Senate Majority Att'y Letter).
When Common Cause Hawaii requested access to proposals submitted to the City Housing Department pursuant to a design/bid competition, the Corporation Counsel held that such proposals are public records open to inspection unless release of the information would (a) violate personal privacy, (b) reveal trade secrets, or (c) impair present or imminent contract awards. In a case where the Office of State Planning had obtained confidential business information — compilation of data on the geographic location and status of rare species and ecosystems in Hawaii — from an outside source, the OIP opined that disclosure of the information would result in the impairment of the agency's ability to obtain such information and in substantial competitive harm to the outside source. Id. § 92F-3; Whether Private Donor Records of the University of Hawaii Foundation Are Subject to Public Disclosure, OIP Op. Ltr.
12, 1995) (requiring disclosure of transcript of Hawaii Labor Relations Board of a proceeding open to the public); Disclosure About Revocation of Contractors' Licenses, OIP Op. Ltr. 4, 1992) (discussing autonomy of East-West Center from University of Hawaii operations and federal funding as factors whose consideration in a determination of whether Center was a state agency was obviated by a statutory measure exempting the Center from classification as a state "agency"); Hawaii Humane Society as Agency; Animal Control Enforcement Records, OIP Op. Ltr. Starting in 1994, the computerized catalog of Hawaii state and county government records has been available to the public.
While it repealed the open records and privacy provisions of the Sunshine Law, the UIPA did not materially affect the public meetings portion of Hawaii's Sunshine Law. Although Hawaii was rated as one of the most open state governments when it comes to public records, it also has some of the most vague language.
https://portal.ehawaii.gov/home/online-services/ecrim/
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