Hawaii Misdemeanors

Concealed Weapon Misdemeanor

Although Hawaii is not a state of the continental United States, its misdemeanor laws are the same as those of any other state. Any person who unlawfully carries a concealed weapon is guilty of a misdemeanor under these laws. These weapons include a dagger, dirk, blackjack, billy, slug shot, pistol, metal knuckles, and other dangerous weapons.

Those found guilty of this type of misdemeanor will be arrested without a warrant by a police officer, a sheriff, or any other officer. Following an individual’s conviction, the police sheriff or chief will destroy the weapon or weapons in question.

Manufacturing and Possession of Switchblade Knives

Unlike other states, Hawaii has misdemeanor laws pertaining to the manufacture of certain knives. Anyone who knowingly manufactures, transfers, sells, transports, or possesses switchblade knives commits a misdemeanor. According to Hawaii law, switchblade knives are more dangerous than ordinary knives because they are “operated” with little physical force.

Anyone who intentionally uses or threatens with a switchblade knife will be charged with a Class C Felony rather than a misdemeanor.

Manufacturing and Possession of Butterfly Knives

Butterfly knife laws are misdemeanors, similar to those governing switchblade knives. Anyone caught transferring, selling, possessing, or manufacturing butterfly knives while in Hawaii will be prosecuted. According to Hawaii law, these types of blades are more dangerous. The use or threat of a butterfly knife will result in a felony charge.

Child Abuse Prevention Act

Florida passed a landmark child access prevention law in 1989. Fourteen other states have passed similar legislation, including Maryland, Virginia, New Jersey, Nevada, California, Iowa, Connecticut, Wisconsin, Minnesota, Delaware, North Carolina, Rhode Island, Hawaii, and Texas. However, Hawaiian law is the most comprehensive of any state in the country. This applies to both loaded and unloaded stored firearms, with no incident required to earn a criminal conviction. In this case, the penalty is a misdemeanor.

Expungement of Misdemeanors

All misdemeanor expungements in Hawaii are governed by Penal Code §831-3.2. Expungement is usually possible if a person has applied for it and is not facing any new charges.

The expungement of a felony or misdemeanor in Hawaii is determined by the charges faced and the individual’s sentence. DUI exoneration is also an option, depending on the circumstances. DUI cases are often complicated, so it is best to seek legal counsel. Criminal defense attorneys can be located in the phone book or on the Internet. Expungement for illegal drug possession is available in exceptional circumstances and is discretionary.

If the court determines that expunging a previous arrest or conviction will improve a person’s future, the records can be sealed from public view. This also relieves a person of the obligation to disclose prior convictions in applications and other situations.

Only a select few are eligible for expungement, which includes executive pardons for one hundred to two hundred people per year on a discretionary basis, expungement for nonviolent first-time offenders on a discretionary basis, and the expungement of arrest records for those without conviction.

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