In accordance with an Office of Information
Practices (OIP) ruling, photographs of arrested
persons (mug photos) are public records and
therefore are available for public access.
Section 846-1, Hawaii Revised Statutes, defines “nonconviction data” 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.”
All requests for mug photos shall be referred to the Records and Identification Division who is responsible for making available/issuing mug photos to requestors.
RULES GOVERNING THE RELEASE OF MUG PHOTOS
A. Generally, mug photos may be released as follows:
1. A mug photo may be released for a period of one
year from the date of arrest as long as the arrest
does not have a disposition as set out in the definition
of “nonconviction data” and there is no expungement order in place.
2. After one year from the date of arrest, the mug
photo for that arrest may be released if the subject
was convicted in court for that offense or the case
is actively under prosecution.
B. Other circumstances may require case-by-case
decisions for release/nonrelease; some situations
may require review and decision by the OIP. See
OIP opinion letters No. 03-09 (Attachment 1) and
No. 94-12 (Attachment 2) for further information.
A. All requests for mug photos should be made
by submitting the Request for Mug Photographs,
HPD-434 form, to the Records and Identification
Division. Forms are available from the Records
and Identification Division and on the intranet under “HPD FORMS.”
B. Prior to fulfilling the mug photo request,
the Records and Identification Division shall
make the preliminary verification of the
identification of the subject of the photograph.
C. Investigators who wish to delay the release
of a mug photo (see section II B above) must
contact the Records and Identification Division
as soon as possible to request and explain the
delay. Whenever possible, they should also state
the anticipated date that the photograph may be released.
D. Commanders of investigative elements may release
mug photos to facilitate the search for persons sought
in connection with crimes (e.g., escapes from
correctional facilities). The release of mug photos
shall be in accordance with section II above.