Hawaii

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.       

 

 

Juvenile Collateral Consequences in the State of Hawaii

            In the state of Hawaii, the collateral consequences of a juvenile record are limited by Hawaii’s Revised Statutes, which prohibits public access of juvenile records, and limits the distribution of such data.[1]  Despite this limitation, there are exceptions to the general rule that often impacts a juvenile’s future.[2]  Collateral consequences frequently stem from access to juvenile records, and can influence education, careers, and public service.[3]

            Currently, there is no database or statutory collection that informs juveniles of the collateral consequences that may stem from a juvenile adjudication.[4] Additionally, in the state of Hawaii, many policies regarding the Juvenile Aid Section of the police department and juvenile arrests are not specified in the statute.[5]

            Because juvenile records are considered confidential in Hawaii,[6]there is no statutory obligation or even policy to notify youth of any opportunity to expunge records.  Attorneys may file a motion for expungement,[7]but such motion is rare because juvenile files are not accessible to the public absent a court order.[8] An attorney can make a motion to have the record expunged when a juvenile is not formally charged or adjudicated, but even then, the attorney is not required to do so.[9]  Although a juvenile may benefit from having a record expunged, not even the family court judge has an obligation to inform a juvenile of these rights.

            Despite records being confidential, many agencies have statutory authority to access the Juvenile Justice Information System (JJIS), which stores all juvenile arrest and court data.[10] The statute permitting access includes, but is not limited to, county police departments, county prosecutors, family courts, youth correctional facilities, social service agencies, as well as agencies conducting research.[11]

 

Understanding the Justice System

            The family court has exclusive jurisdiction in proceedings “concerning any person who is alleged to have committed an act prior to achieving eighteen years of age which would constitute a violation or attempted violation of any federal, state or local law, or municipal ordinance.”[12] A child under twelve years of age falls within the jurisdiction of the family court for purposes of a law violation or attempted violation with the written recommendation of a licensed psychologist or of a psychiatrist, or other physician duly qualified by special training and experience in the practice of child psychiatry.[13] Even after the juvenile turns eighteen, the family court has extended jurisdiction over any individual until full disposition of any family court order, so long as the issue before the court arose prior to the juvenile’s eighteenth birthday.[14]  Additionally, the family court has jurisdiction over any child living or found within the circuit to be neglected or deprived of education because of the failure of any person or agency, is beyond the control of his parent’s or guardian, not attending school or receiving educational services due to either the child’s own behavior or nonattendance, or a child that is in violation of curfew.[15]

            The family court system is divided geographically into four circuits, representing the four major islands.[16]  While there is no mandatory transfer age or charge in order to move the case from family court to criminal court, the family court has discretion over the decision to transfer a juvenile proceeding.[17] The family court may waive jurisdiction and order a juvenile held for criminal proceedings under certain circumstances such as when the juvenile is older than sixteen years of age and the court finds that the juvenile committed an act that if committed by an adult would constitute a felony.[18]  The court may also waive jurisdiction if the juvenile committed acts that resulted in serious bodily harm to the victim, committed certain acts that if committed by an adult would be a felony, or has prior adjudications for crimes that if committed by an adult would constitute a felony.[19]  When considering whether to waive jurisdiction and order the juvenile to be held for criminal proceedings, the family court will look at factors such as: the seriousness of the offense, the manner in which the crime was committed, whether the offense was against persons or property, sophistication and maturity of the minor, the minor’s prior history with the court, and the prospects for rehabilitation, community safety and any other relevant matters.[20]  After a full investigation and hearing, the family court can waive jurisdiction and order the juvenile to be held for criminal proceedings if the court finds that certain factors existed.[21]  Once the case is transferred, it cannot be sent back to family court absent an appeal.[22]

 

Notification of Collateral Consequences of Juvenile Records

            There is no statutory authority directing any member of the juvenile justice system, including judges, district attorneys, defense attorneys, probation officers, or police, to take affirmative steps to notify youth of the collateral consequences for any type of court involvement. 

 

Treatment of Juvenile Records

At what point in the process do police records begin?

            Police records begin once a juvenile is arrested and booked; however, police department policies may vary depending on the precinct.[23] If the juvenile is being arrested for a status offense, he will not be fingerprinted, have any photographs taken, or have a booking report filed.[24]

At what point in the court process do records begin?

            A youth’s name and charge are placed in the court’s record database at arraignment, at which point the case is entered into the JJIS.[25]  Cases dismissed prior to arraignment are not entered into the court records database.[26]

Where are juvenile records stored?

            Juvenile information is stored in JJIS, unless the juvenile case was transferred to the adult criminal court system.[27] The Attorney General and the Juvenile Justice Information Committee maintain the JJIS.[28]

What information does a juvenile court record contain?

            The JJIS maintains a chronological record of offenses, detentions, dispositions, rehabilitation programs, and other events that occurred and should be considered when dealing with the juvenile, as well as provides background information on arrest, court data, personal data and social services.[29]

Who can access juvenile records?

            The minor, the minor's parents or guardians, and the minor's attorney and guardian ad litem are entitled to access the juvenile’s records.[30]  Juvenile records are considered confidential and are generally not accessible to the public, absent an exception.[31]  “Parties directly concerned” to the proceeding are eligible to receive certain information, in limited circumstances.[32] In order to obtain juvenile records, a written request for disclosure must be made by the party concerned.[33]

            Certain agencies, including county police departments, prosecutors and family courts, as well as agencies specifically authorized to access certain limited data for research or statistical purposed may also have access to juvenile records.[34]  Similarly, the dissemination of “non-conviction data” is also only available under limited circumstances.[35] Agencies permitted to receive non-conviction data will vary depending on who is approved under JJIS licensing, usually for the purposes of data collection.[36]

            Other organizations, such as foster care agencies, mental health services, schools, the Department of Motor Vehicles, Department of Housing and the military, may also be able to access confidential juvenile records if the juvenile has consented to a background check.[37] If the juvenile is in custody, as a ward of the state, the state serves as guardian to the juvenile and may consent to any other agency accessing such records.[38]

 

Sealing and Expunging Delinquency Files or Records

Do juveniles have the opportunity to have their police records expunged?

            A juvenile’s attorney can motion to the court to have records expunged.[39] An expungement order will annul the record of arrest and prevent the circulation of records.[40]

Do juveniles have the ability to seal their court records? How does a juvenile seal the record?

            According to the Office of the Public Defender, because juvenile court records are automatically confidential, those records are not publicly accessible and therefore juvenile records are “per se” sealed.[41]  The only time an agency, even those expressly authorized by statute, can access juvenile court records is with a court order.[42]

            In order to preserve a juvenile’s confidentiality, an attorney might motion for a dismissal in the interest of justice following the disposition, in order to purge the juvenile’s record.  A dismissal in the interest of justice can be done at any time, and would be the only way to fully protect a juvenile’s record from being publicly accessed, because the court records would no longer exist.  However, there is no statutory provision for this policy.

 Who has access to sealed juvenile court records?

              A sealed record is only accessible if a statute, court order, rule, decision, or federal executive order specifically authorizes an agency to review confidential records.[43] In order to access any juvenile court record, a motion must be made to the family court.[44]

How may sealed juvenile records affect a juvenile in their future?

             No adjudication by the family court is to be deemed a conviction;[45]however, case law provides that a defendant’s juvenile record may be used in pre-sentence reports.[46] Further, a young adult defendant, who at the time of the offense, is less than twenty-two years of age may not obtain the benefit of more lenient sentencing guidelines if such defendant was previously adjudicated as a juvenile for an offense that would have constituted a felony had the young adult defendant been an adult.[47]

            Case law demonstrates that a juvenile’s record may be used in some instances, such as a presentence report for sentencing as an adult.[48]  Similarly, juvenile court records may also be available for impeachment purposes.[49]

 

 Challenging Court Record and Arrest Record Accuracy

            A juvenile has the right to access and review his criminal history and court records.[50]There is no public site informing youth of such right.[51]  Juveniles can also challenge the accuracy of both their court records and arrest records.[52]  The youth may apply to have data corrected and may request an administrative appeal if information is not changed.[53]

 

Employment Opportunities

            It is unlawful discriminatory practice for any employer to refuse to hire, discharge or otherwise discriminate (including with respect to compensation) against an individual based on arrests or court history.[54] The Hawaii Attorney General’s office summarizes the applicable rules by stating that an employer may neither ask about nor consider arrest records where the individual was not subsequently convicted (whether or not such arrest involves a juvenile).[55] Certain federal agencies may provide a juvenile record if the inquiry is “from an agency considering the person for a position immediately and directly affecting the national security.”[56]

Can juvenile records be viewed for employment purposes?         

            The records of juvenile delinquents are generally withheld from public inspection, unless the court’s consent has been obtained.[57] Jobs requiring a background check will receive criminal history data from the FBI,[58]but will not automatically have access to the juvenile records.[59]

Can my employer view my juvenile record if it has been sealed?     

            As previously stated, juvenile records are automatically confidential and therefore not accessible to most employers.[60] Some employers however, such as day care providers, employers for the Department of Education, armed forces recruiters, etc. may be able to access juvenile records.[61]        

What type of employers can access applicants’ juvenile records?      

            The disposition of a child, or any evidence given in the family court, shall not disqualify the child in any civil service or military application or appointment.[62]  The military does require a juvenile to sign a waiver form, allowing military officials to examine and access any information about the applicant, including juvenile records that the applicant may possess.[63] Depending on the military demand, a juvenile conviction can disqualify a person, although the statute does not permit such disqualification.[64]

            Daycare applicants must complete a form consenting to a full criminal history check/child abuse and neglect history check, including adjudications.[65] There is no immediate disqualification specified for juvenile offenses, however, if a juvenile is charged as an adult, or the nature of the charge is sexual misconduct, the applicant may be disqualified based on such criminal history.[66]  Teachers, school librarians, and school counselors are required to disclose even misdemeanor charges, which can include law violator adjudications.[67]

How should I respond to inquires about my record on job applications?

            Individuals who have been adjudicated a status offender or law violator can answer “no” on job applications that inquire about criminal convictions, so long as their adjudication was from a family court and not a criminal court.[68]

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a felony complaint or felony charge brought against a juvenile affect his elementary or high school education?

            In Hawaii, certain classes of offenses may result in the referral to alternative education programs, dismissal or suspension.[69]  Those offenses include, but are not limited to, the following: assault, burglary, possession of dangerous weapons, drugs or dangerous instruments; possession of firearms; sexual offenses and homicide.[70]

If a youth is charged with a felony or a felony complaint has been brought against him, how long can he be suspended from elementary or secondary education?

            Depending on the severity of the situation, the student could be suspended for up to ninety-two days if the crime involves the use or possession of drugs or a dangerous weapon.[71]  However, the “possession or use of firearms will result in not less than one calendar year.”[72]

If a youth is suspended from school because of a felony charge or a felony complaint brought against him or her, is there any relief available?

            If there is reason to believe that a student has engaged in behavior that warrants suspension, the principal must initiate an investigation.[73]  If the principal determines that serious discipline is required, a “written report containing a brief summary of the testimony of witnesses interviewed, any other evidence, and the principal or designee’s reason(s) for the initiation of disciplinary proceedings” must be completed.[74]  Upon an investigation and a finding that the student engaged in activity warranting suspension, the principal will notify the parent “in writing of the findings and the disciplinary actions.”[75]

If a youth has been expelled or suspended because they were adjudicated delinquent of a felony or admitted to committing a felony, is there any relief available?

            If the student has been suspended for a total of ten or more days and challenges the findings of his suspension, the principal must make a “good faith effort” to inform the parent of the incident, the opportunity to appeal the disciplinary action taken, and that the disciplinary action will take effect immediately.[76]  If the parent decides to make a written request for an appeal, within ten days the superintendent must inform the parent to the date, time and location for the appeal to take place.[77]  Counsel may represent both the parent and principal and the appeal process does not have to follow the formal rules of evidence; however, the superintendent is to remain impartial when hearing and weighing the evidence presented.[78]  Within seven days the superintendent must issue an opinion.[79]  The parent will once again have the right to appeal the decision to the Superintendent of Education.[80]

Are there any collateral consequences affecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?          

            The undergraduate universities in Hawaii do not request information regarding arrests or adjudications, juvenile or otherwise.           

If I am applying for state financial aid do I have to disclose my juvenile arrests or adjudications?

            The FAFSA application specifies that the applicant need not include convictions that have been removed from the applicant’s record, or occurred before the applicant turned age eighteen, unless the applicant was tried as an adult.[81]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will my juvenile record affect my chances of becoming a foster parent or adopting a child?

            Certain federal and state government agencies may access a person’s criminal conviction record in connection with their consideration of such person for certain positions, including foster care parents.[82]

Can an arrest or an adjudication of a juvenile household member get a family evicted from public housing?

            The Public Housing Agency has discretion to regulate public housing.[83] If the crime occurred on any public housing premises, the Public Housing Agency may be able to access the records as a party directly concerned.[84] If a child engages in criminal activity on the premises, an eviction may result and prevent any further public housing services from being provided.[85] Criminal activities that could result in eviction include: drug-related offenses;[86]behavior that threatens the health, safety, or right to a peaceful enjoyment of the premises by other residents;[87]abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.[88]

Can having a juvenile record affect my driver’s license or permit?

            Arrest and court records will not impact an individual’s ability to obtain a license, unless the disposition resulted in the suspension of a license or revocation of the respondent’s ability to obtain a license.[89]

 

Collateral Consequences for service through National Guard/Reserve    

            The application for the National Guard does inquire about conviction history.[90]  However, the military does require a juvenile to sign a waiver form, allowing military officials to examine any juvenile record the applicant may possess.[91] Depending on the military demand, a juvenile conviction can disqualify a person, although the statute does not permit such disqualification.[92]

 

Special Offender Registries

When would a juvenile have to register as a sex offender?

            In Hawaii, anyone found to be a “covered offender” is required to register as a sex offender.[93]  A covered offender is one who has been convicted or charged with a sexual offense.[94]  Juvenile adjudications are not considered convictions and therefore, juveniles would not be required to register as sex offenders in Hawaii.[95]

 

 




[1]Haw. Rev. Stat.. § 846D-4 (2011).

[2]Haw. Rev. Stat. § 846D-6 (2011).

[3]See generally ABA Standards for Criminal Justice (third edition): Collateral Sanctions and Discretionary Disqualification of Convicted Persons (2003).

[4]Telephone interview with Carolyn Brown, Office of the Public Defender (March 10, 2010).

[5]Telephone interview with Lieutenant Randal Ishii, Honolulu Police Department (Jan. 6, 2010).

[6]Haw. Rev. Stat. § 571-84(e) (2011).

[7]Haw. Rev. Stat. § 571-88(a) (2011).

[8]Haw. Rev. Stat. § 571-84(e) (2011).

[9]Haw. Rev. Stat. § 571-88 (2011).

[10]Haw. Rev. Stat. § 846D-4 (2011).

[11]Haw. Rev. Stat. § 846D-4 (2011).

[12]Haw. Rev. Stat. § 571-11 (2011).

[13]Haw. Rev. Stat. § 571-44 (2011).

[14]Haw. Rev. Stat. § 571-13 (2011).

[15]Haw. Rev. Stat. § 571-11(2) (2011).

[16]National Center for Juvenile Justice, NCJJ State Juvenile Justice Profiles, Hawaii, , available at http://70.89.227.250:8080/stateprofiles/profiles/HI06.asp?state=%2Fstateprofiles%2Fprofiles%2FHI06.asp&topic=Profile(last visited Apr. 2, 2011).

[17]Haw. Rev. Stat. § 571-22 (2011).

[18]Haw. Rev. Stat. § 571-22 (a) (2011).

[19]Haw. Rev. Stat. § 571-22 (b) (2011).

[20]Haw. Rev. Stat. § 571-22 (c) (2011).

[21]Haw. Rev. Stat. § 571-22 (d) (2011).  The court can waive jurisdiction if it finds that: “(1) the person during the person’s minority is alleged to have committed an act that would constitute murder in the first degree or second degree or attempted murder in the first or second degree if committed by an adult; and (2) there is no evidence the person is committable to an institution for the mentally defective or retarded or the mentally ill.”  Id.

[22]Id.

[23]Haw. Rev. Stat. § 571-74 (2011).

[24]Haw. Rev. Stat. § 571-74 (2011); see also Haw. Rev. Stat. § 846D-1(b) (2011).

[25]Department of Attorney General, Hawaii, Juvenile Justice Information System Manual, Introduction Overview “An Integrated Effort,” available at http://hawaii.gov/ag/jjis/JJIS-UserManual/JJIS-Introduction/JJIS%20OverView(last visited April 17, 2011).

[26]See id; see also Haw. Rev. Stat. § 846D-1 (2011).

[27]Haw. Rev. Stat. § 846D-1 (2011).

[28]Haw. Rev. Stat. § 846D-1 (2011).

[29]Department of Attorney General, Hawaii, Juvenile Justice Information System, JJIS VCC Training Manual 3, Mar. 3, 2008, available at http://hawaii.gov/ag/jjis/OtherDocumentation/copy_of_VCC.PDF(last visited Apr. 2, 2011).

[30]Haw. Rev. Stat. § 846D-4(4) (2011).

[31]Haw. Rev. Stat. § 571-84(e) (2011); see also Haw. Rev. Stat. § 846-9 (2011); Haw. Rev. Stat. §846-10 (2011).

[32]Haw. Rev. Stat. §§ 571-84(f)-(g) (2011).  For purposes of this section, “Parties directly concerned” is defined as “any person who may sue because of death, injury, or damage resulting from any violation.”  Haw. Rev. Stat. § 571-84(g) (2011). 

[33]Haw. Rev. Stat. §§ 571-84(f)-(g) (2011).

[34]Haw. Rev. Stat. § 846D-4 (2011).

[35]Haw. Rev. Stat. § 846-9 (2011).  “Non-conviction data” is defined as “arrest information without a disposition, if an interval of one year has elapsed from the date of arrest and no active prosecution of the charge is pending; or information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed, as well as all acquittals and all dismissals.” Haw. Rev. Stat. § 846-1 (2011).  Dissemination of “non-conviction data” is limited to the following: (a) individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement if such agreement specifically authorize access to data, limits the use of data to purposes for which given, and insures the security and confidentiality of the data; and (b) individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency if such agreement specifically authorizes access to data, limits the use of data to research, evaluative, or statistical purposes, ands insure the confidentiality and security of the data.  Haw. Rev. Stat. §§ 846.9 (3)-(4)(2011).

[36]Haw. Rev. Stat. § 846-9 (2011).

[37]Haw. Rev. Stat. § 846-2.7(b) (2011) (listing the agencies that have access to a criminal background check); Haw. Rev. Stat. § 846-2.7(c)(1) (2011).

[38]Telephone interview with Darleen Yamochi, Family court Staff Attorney (Jan. 6, 2010).

[39]Haw. Rev. Stat. § 571-88(a) (2011).  After an order for expungement is issued by the family court, the court shall:  (1) forward copies of the expungement order to the police department and the department of the attorney general for expungement of the arrest record; and (2) issue to the person for whom the expungement order was issued, a certificate stating that an expungement order was issued and that its effect is to annul the record of one or more specific arrests.  The certificate shall:  (A) authorize the person to state, in response to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest; and  (B) state that the person shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for making any statement authorized by the certificate.  Haw. Rev. Stat. § 571-88(c) (2011).

[40]Haw. Rev. Stat. § 571-88(e) (2011).

[41]Haw. Rev. Stat. § 571-84(e) (2011).

[42]Id.

[43]Haw. Rev. Stat. § 571-84 (2011).

[44]  Haw. Rev. Stat. § 571-84 (2011).

[45]Haw. Rev. Stat. § 571-1 (2011).

[46]State v. Nobriga, 527 P.2d 1269, 1271 (1974) (“Given our understanding of the basic purpose of the statutory sentencing scheme, i.e., to furnish the presiding judge with all relevant information to enable him to render an informed decision on sentencing, we are led to conclude that the phrase ‘history of delinquency’ should be construed so as to authorize the use of a defendant's juvenile court record for purposes of the presentence investigation and report.”).

[47]Haw. Rev. Stat. § 706-667(1) (2011).

[48]Nobriga, 527 P.2d, 1273.

[49]See State v. Emmsley, 652 P.2d 1148,1154 (Ct. of Appeals 1982) (finding that because the juvenile record could not be used to impeach the witness because “the offenses by Canape were not relevant to his propensity to tell the truth or to lie.”).

[50]Haw. Rev. Stat. § 846D-4(4) (2011).

[51]See Haw. Rev. Stat. § 846-14 (2011).

[52]Id.

[53]Id.

[54]Haw. Rev. Stat. § 378-2(1)(A) (2011); See also Hawii Legislative Reference Bureau, Fact Sheet, Criminal History Record Checks in Hawaii: Issues and Options, http://hawaii.gov/lrb/rpts01/factcrim.html(last visited Apr. 4, 2011) (“Not expand public access to include unrestricted to nonconviction [SIC] data. Existing law makes Hawaii an "open records" state for purposes of unrestricted public access to Hawaii criminal conviction data.”); see also  State of Hawaii, Department of Human Resources, Civil Service Career Opportunities, http://agency.governmentjobs.com/hawaii/default.cfm(last visited Apr. 4, 2011).

[55]Hawii Legislative Reference Bureau, Fact Sheet, Criminal History Record Checks in Hawaii: Issues and Options, http://hawaii.gov/lrb/rpts01/factcrim.html(last visited Apr. 4, 2011).

[56]18 U.S.C. § 5038(5).

[57]Haw. Rev. Stat. § 571-84(e) (2011).

[58]Haw. Rev. Stat. §846-2.7(a)(1) (2011).

[59]State of Hawaii, Department of the Attorney General, Criminal History Frequently Asked Questions, available at http://hawaii.gov/ag/hcjdc/main/faqs/faqs#juvenile lastvisited April 17, 2011).

[60]See Haw. Rev. Stat. § 571-84(e) (2011).

[61]See Haw. Rev. Stat. § 846-2.7(b) (2011).

[62]Haw. Rev. Stat. § 571-1 (2011).

[63]U.S. Office of Personnel Management, Questionnaire for National Security Positions, Standard Form 86, (Revised July 2008), available at http://www.opm.gov/forms/pdf_fill/sf86.pdf(last visited April 17, 2011).

[64]See Army National Guard Enlistment Program 4, available at http://tubberville.com/FY07ECM.pdf(last visited April 17, 2011); see also Haw. Rev. Stat. § 571-1 (2011).

[65]See Haw. Rev. Stat. § 846-2.7(b)(20) (2011).

[66]Hawaii, Department of Human Services, Administrative Rules § 17- 893- §17- 896; available at http://hawaii.gov/dhs/main/har/har_current/AdminRules/document_view(last visited Apr. 4, 2011).

[67]State of Hawaii, Application for Professional Employment: Teachers, School Librarians and School Counselors, available at http://sp.k12.hi.us/pdf/form5000_100.pdf(last visited Apr. 4, 2011).

[68]See also Haw. Rev. Stat. § 571-1 (2011) (The court shall conduct all proceedings to the end that no adjudication by the court of the status of any child under this chapter shall be deemed a conviction; no such adjudication shall impose any civil disability ordinarily resulting from conviction; no child shall be found guilty or be deemed a criminal by reason of such adjudication. . . .”).

[69]HAW. CODE R. 8-19-5; see also ‘Aiea High School, 2010-2011 Student Handbook and School Planner 14-16, available at http://aieahs.org/pdf/Aiea%20Student%20Handbook.pdf(last visited Apr. 4, 2011).   Class C and D offenses could result in suspensions.

[70]Haw. Code R. 8-19-6(a) (2011).

[71]Haw. Code R. 8-19-6(b) (2011).

[72]Id.

[73]Haw. Code R. 8-19-7.1(a) (2011); Haw. Code R. 8-19-8(a) (2011).

[74]Haw. Code R. 8-19-7.1(b) (2011).

[75]Haw. Code R. 8-19-9(a) (2011).

[76]Haw. Code R. 8-19-9(b) (2011).

[77]Haw. Code R. 8-19-9(c)(5) (2011).

[78]Haw. Code R. 8-19-9(d)(3)-(5) (2011).

[79]Haw. Code R. 8-19-9(d)(7) (2011).

[80]Haw. Code R. 8-19-9(e) (2011).

[81]Free Application Federal Student Aid, available at http://www.fafsa.ed.gov/fotw1112/pdf/PdfFafsa11-12.pdf(last visited April 17, 2011).

[82]Haw. Rev. Stat. § 378-2.5(d) (2011).

[83]Haw. Rev. Stat. §§ 571-84(f)-(g) (2011).

[84]Haw. Rev. Stat. § 571-84(f)-(g) (2011).

[85]24 C.F.R. 5.858 (2011).

[86]24 C.F.R. 5.858 (2011).

[87]24 C.F.R. 5.859 (2011).

[88]24 C.F.R. 5.860 (2011).

[89]Haw. Rev. Stat. § 286-104 (2011).

[90]Army National Guard Enlistment Program, Fiscal Year 2007 Enlistment Criteria, available at http://tubberville.com/FY07ECM.pdf(last visited April 17, 2011).

[91]U.S. Office of Personnel Management, Questionnaire for National Security Positions, Standard Form 86, (Revised July 2008), available at http://www.opm.gov/forms/pdf_fill/sf86.pdf(last visited April 17, 2011).

[92]Haw. Rev. Stat. § 571-1 (2011).

[93]Haw. Rev. Stat. § 846E-2(a) (2011).  A “covered offender” is defined as either a “sex offender” or an “offender against minors.”  Haw. Rev. Stat. § 846E-1 (2011).  “Sex offender” is defined as either (1) a person who is or has been convicted at any time, whether before or after the effective date of this Act with a ‘sexual offense;’ or (2) a person who is or has been charged at any time, whether before or after the effective date of this Act with a ‘sexual offense’ and is or has been found unfit to proceed and is or has been released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community.”   Haw. Rev. Stat. § 846E-1 (2011).

[94]Haw. Rev. Stat. § 846E-1 (2011). 

[95]Haw. Rev. Stat. § 571-1 (2011). 

Resources/Links

Office of the Public Defender
http://hawaii.gov/ag/cpja/main/jjis/
Office of the Prosecuting Attorney
http://www.hawaiicountyprosecutor.com/
State of Hawaii Department of Budget and Finance- Office of the Public Defender
http://hawaii.gov/budget/pd/pd/pd/OPD
Pacific Juvenile Defender Center
http://www.pjdc.org/community-resources/juvenile-justice-system-basics/hawaii-juvenile-justice/
Center on Juvenile and Criminal Justice- Juvenile Justice Reform in Hawaii
http://www.cjcj.org/2010/02/19/juvenile/justice/reform/hawaii