In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Hawaii, criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, under certain conditions, these records may be expunged or sealed. Expungement effectively erases the record, while sealing restricts its visibility, making it inaccessible to private parties but still available to government agencies and for use in certain legal proceedings. Hawaii law provides specific criteria under which expungement or sealing can occur, such as for certain first-time offenses or after a period of time has passed without further criminal activity. Juvenile records, unexecuted warrants, and certain sensitive documents are not typically available to the public. Additionally, Hawaii judges have the discretion to seal records or close hearings to protect individuals or the integrity of ongoing investigations. The specifics of these laws are detailed in Hawaii's statutes, and the process often requires a court order. It's important to note that federal judges seldom seal criminal records, and federal law will apply to records within federal jurisdiction, with state laws applying to state court proceedings.