Falsification offenses in Hawaii carry significant consequences, impacting an individual’s criminal record and future prospects. These acts involve the intentional provision of false information or alteration of documents to mislead and are serious offenses under state law. This article explains Hawaii’s falsification laws, including penalties, court processes, and long-term impacts.
Laws and Definitions
Hawaiian law addresses various forms of falsification. Unsworn falsification to authorities (Hawaii Revised Statutes Section 710-1063) prohibits intentionally misleading a public servant through untrue statements in applications for benefits, legally required government reports, or by knowingly providing false statements to investigators or submitting false objects.1Justia US Law. Hawaii Revised Statutes § 710-1063 (2024) – Unsworn Falsification to Authorities
Tampering with a government record (Hawaii Revised Statutes Section 710-1017) involves knowingly making, completing, or altering government records, or presenting such records as genuine.2Justia US Law. Hawaii Revised Statutes § 710-1017 (2024) – Tampering With a Government Record It also covers unauthorized destruction or concealment of government records.
Forgery (Hawaii Revised Statutes Section 708-851) involves creating or altering a written instrument with intent to defraud.3Justia US Law. Hawaii Revised Statutes § 708-851 (2024) – Forgery in the First Degree Written instruments include documents, coins, or badges. First-degree forgery involves official documents or those affecting legal rights; lesser degrees cover other instruments.
Other falsification acts include selling or manufacturing deceptive identification documents (Hawaii Revised Statutes Section 710-1017.5), such as fake IDs. Tampering with physical evidence (Hawaii Revised Statutes Section 710-1076) criminalizes destroying, concealing, or altering evidence to obstruct an official proceeding.
Criminal Classification and Penalties
Falsification offenses in Hawaii are classified from misdemeanors to serious felonies, each with distinct punishments.
Unsworn falsification to authorities is a misdemeanor. A misdemeanor conviction can lead to imprisonment for up to one year and fines up to $2,000.4Justia US Law. Hawaii Revised Statutes § 706-663 (2024) – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor
Tampering with a government record is a misdemeanor but can escalate to a class C felony if done with intent to obstruct a public servant. A class C felony may result in up to five years imprisonment and fines up to $10,000.5Justia US Law. Hawaii Revised Statutes § 706-660 (2024) – Sentence of Imprisonment for Class B and C Felonies
Forgery penalties depend on the degree. First-degree forgery is a class B felony, carrying up to ten years imprisonment and a $25,000 fine. Second-degree forgery is a class C felony, with penalties up to five years in prison and a $10,000 fine. Third-degree forgery is a misdemeanor, punishable by up to one year in jail and a $2,000 fine.
The sale or manufacture of deceptive identification documents is a class C felony, with potential penalties of up to five years imprisonment and a $10,000 fine.
Tampering with physical evidence is a class C felony, also carrying penalties of up to five years imprisonment and a $10,000 fine. Probation is also a sentencing option for many offenses. Repeat offenders or aggravated cases may face enhanced penalties.
Court Process
The court process for a falsification offense in Hawaii begins after an arrest or penal summons and follows several stages. For felony charges, the process involves an initial appearance where the defendant is informed of the charges and their rights.
For felony charges, after an initial appearance, the prosecution establishes probable cause through a preliminary hearing or grand jury indictment. If probable cause is found, the case proceeds. Misdemeanor cases move directly to an arraignment in District Court.
At the arraignment, charges are formally presented, and the defendant enters a plea, such as guilty, not guilty, or no contest. A not guilty plea leads to trial.
The pre-trial phase follows a not guilty plea. This involves discovery, the exchange of case-related information and evidence between prosecution and defense. Pre-trial motions may be filed to address legal issues, such as suppressing evidence or dismissing charges.
Unresolved cases proceed to trial. Defendants have a right to a jury or can choose a bench trial decided by a judge. Both sides present evidence, and the prosecution must prove guilt beyond a reasonable doubt. After evidence and arguments, the judge instructs the jury, which then deliberates to reach a verdict.
If a defendant is found guilty, sentencing follows. For felony convictions, a pre-sentence report is often ordered to inform the judge’s decision.
After conviction and sentencing, a defendant can appeal to a higher court, which reviews trial records for legal errors. Appeals must be filed within 30 days.6Hawaii State Judiciary. Hawaiʻi Rules of Appellate Procedure Appellate courts can affirm, reverse, or order a new trial. U.S. Supreme Court review is possible but infrequent.
Civil Repercussions
Acts of falsification in Hawaii can lead to civil repercussions separate from criminal proceedings. This can include civil lawsuits where parties harmed by fraudulent misrepresentation sue for damages. Fraud claims have a six-year statute of limitations, which can be extended by fraudulent concealment.7Justia US Law. Hawaii Revised Statutes § 657-1 (2024) – Six Years (Statute of Limitations)
Professional licenses are also at risk. Regulated professions in Hawaii can face disciplinary actions for falsification. Procuring a license through deceit or engaging in dishonest dealings can lead to penalties from fines to license suspension or revocation.
Employment can be significantly affected. Many employers conduct background checks, and a record involving falsification can be a barrier to securing a job or lead to termination.
Falsifying information for government benefits can lead to state recovery actions, requiring repayment of benefits, plus penalties, and disqualification from future aid. The state can also sue for damages for false claims for state funds.
Insurance fraud also carries civil consequences. Insurers can sue to recover payments made due to fraud. Such civil actions must be brought within six years of discovery, not exceeding ten years from the violation.
For non-U.S. citizens, falsification can have severe immigration consequences, including deportation. Providing false information on immigration applications or to immigration officials can lead to removal proceedings.
Public records of falsification can damage reputation and relationships.
Legal Defenses
Individuals facing falsification accusations in Hawaii have several legal defenses. For falsification crimes, defenses often center on the defendant’s state of mind and the truthfulness of the statements or documents.
Challenging the element of intent is a common defense. Many falsification offenses require proof of specific intent, like an intent to mislead or defraud. If a misstatement was accidental or due to misunderstanding, rather than a deliberate attempt to deceive, this defense may apply.
Mistake of fact can be a defense if it negates the required mental state for an offense.8Justia US Law. Hawaii Revised Statutes § 702-218 (2024) – Ignorance or Mistake as a Defense If an individual genuinely believed the provided information was true, even if false, they might not be liable if the crime requires knowing the information was false. The reasonableness of the mistake can be a factor.
Duress may apply if the defendant was coerced into falsification by unlawful force or threat of force that a reasonably firm person could not resist. If forced to create or submit a false document under an immediate threat of serious harm, this defense might excuse the actions, provided the threat was imminent and the defendant didn’t recklessly enter the situation.
Entrapment is another potential defense. It occurs if law enforcement induces someone to commit an offense using methods that risk ensnaring individuals not otherwise ready to commit the crime. The focus is on whether law enforcement’s conduct went beyond merely offering an opportunity.
A defense related to mental capacity may be applicable if a physical or mental condition meant the defendant lacked substantial capacity to appreciate the wrongfulness of their actions or conform their conduct to the law at the time of the offense.
Arguing actual innocence—that the defendant did not commit the alleged act—is a basic defense. This might involve showing another person was responsible or that the document or statement was accurate.
Post Conviction Record Impacts
A conviction for a falsification offense in Hawaii establishes a formal criminal record, which can create long-term difficulties. This record is accessible through background checks, and individuals with such convictions may encounter difficulties when seeking employment or housing. A falsification conviction can be particularly damaging because these offenses inherently involve deceit.
Hawaii offers expungement to mitigate the long-term effects of certain convictions. This process can remove a conviction record from public access. Misdemeanor falsification convictions may be eligible for expungement consideration five years after sentence completion, provided no subsequent offenses and other criteria are met.9Hawaiʻi State Legislature. HRS §831-3.2 Expungement Orders Expungement for some non-violent felony falsification convictions may be possible after ten years under similar conditions. However, more serious felonies, like first-degree forgery, are generally not eligible. The Attorney General decides on expungement applications.
An expunged conviction is largely treated as if it never happened, allowing individuals to state they were not convicted of that crime in most situations. However, expunged records are not entirely destroyed; law enforcement may access them for limited purposes. Expungement differs from a pardon, which is forgiveness by the Governor that can restore some civil rights but does not erase the conviction record.
In Hawaii, voting rights for individuals with felony convictions are automatically restored upon release from incarceration, according to the state constitution.10Office of Elections, State of Hawaii. Voters With a Felony Conviction Other civil disabilities, like ineligibility for jury service due to a felony conviction, may persist unless civil rights are restored. Expungement can help restore eligibility for such duties by legally nullifying the conviction for many purposes.