Posted on Jun 10, 1997 in Formal Opinions

Opinion Letter No. 97-05
June 10, 1997
Access to Arrest History Information

Under section 92F-13(4), an agency is not required to disclose government records made confidential under State or federal law. The Hawaii Criminal Justice Data Center (“HCJDC”) maintains a database of individuals’ criminal history information, including arrests and convictions. Although the HCJDC’s conviction information is public, nonconviction information (including arrest information which was requested in this instance) is confidential and can only be disclosed to certain persons or under certain circumstances as set forth in section 846-9, Hawaii Revised Statues. As the person requesting access to the arrest information was not one of the persons authorized to have access under section 846-9, Hawaii Revised Statutes, the UIPA did not require disclosure of this confidential information to the requester.

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