Hawaii Misdemeanor

Concealed Weapon Misdemeanors
Hawaii may not be a part of the continental United States, but Hawaiian misdemeanor laws remain the same as any other state. Under these laws any individual who unlawfully carries a concealed weapon is guilty of a misdemeanor. These weapons are various and have a wide range: dagger, dirk, blackjack, billy, slug shot, pistol, metal knuckles, or other dangerous weapon.

Those found guilty of this kind of misdemeanor with be arrested by a police officer, a sheriff, or any other officer without a warrant. These weapon or weapons in question will be destroyed by the police sheriff or chief upon an individual's conviction.

Switchblade Knife Manufacturing and Possession
Hawaii, unlike other states, has misdemeanor laws in relevance to the manufacturing of certain knives. Anyone who knowingly produce, transfers, sells, transports, or possesses switchblade knives shall be found guilty of a misdemeanor. Switchblade knives are "operated" without much physical force and are more dangerous than ordinary knives according to Hawaii law.

Any person who intentionally uses a switchblade knife or threatens with such a knife will be found guilty of a Class C Felony rather than a basic misdemeanor.

Butterfly Knife Manufacturing and Possession
Similar to the laws around switchblade knives, those pertaining to butterfly knives are also misdemeanors. Anyone transferring, selling, possessing, or manufacturing butterfly knives, while in the state of Hawaii, will be convicted. These kinds of blades are more dangerous as stated by Hawaii law. The threatening or usage of a butterfly knife will result in a felony charge.

Child Access Prevention Law
In 1989 Florida passed a landmark child access prevention law. Fourteen other states - Maryland, Virginia, New Jersey, Nevada, California, Iowa, Connecticut, Wisconsin, Minnesota, Delaware, North Carolina, Rhode Island, Hawaii, and Texas - have also taken this law into their legislatures. However Hawaiian law is the most broad of all the states in the nation. This applies to loaded and unloaded stored guns with no incident to occur in order to earn criminal conviction. The penalty in this case in a misdemeanor.

Misdemeanor Expungement
In Hawaii the Penal Code Section 1203.4 governs all misdemeanor expungements. If a person has applied for expungement and is not facing any further charges, expungement is normally possible.

The expungement of a felony or misdemeanor in Hawaii depends on the charges faced and the sentencing of an individual. DUI expungement is also possible, depending on the circumstances. Legal counsel is advised in DUI cases as they are often complicated. Criminal defense lawyers can be found in the phonebook or via the Internet. Expungement for possession of an illegal substance is available in extraneous circumstances and is bases on discretion.

If the court finds that the expungement of a past arrest or conviction will improve the future of a person, the records can be sealed from public viewing. This also relieves an individual from the obligation of reporting prior convictions in applications and other situations.

Only the few are eligible for expungement and includes executive pardoning for one hundred to two hundred persons per year on a discretion basis; expungement for non-violent first-time individuals on a discretionary basis; and the expungement of arrest records for those without conviction.

See also:
Hawaii Felony External link (opens in new window)
Hawaii Expungement External link (opens in new window)
Hawaii Gun Laws External link (opens in new window)