Last Updated: August 2017

Hawaii

Employers that are either located in Hawaii or hiring Hawaii residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on Hawaii state laws, please visit the state legislature.




Background check laws in HI:

HI Revised Statutes §378-2 Discriminatory practices made unlawful; offenses defined.

(a) It shall be an unlawful discriminatory practice: (8) For any employer to refuse to hire or employ, bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification under section 378-3(2).

In other words:

Employers in Hawaii cannot make employment decisions based on the applicant’s credit information unless the position is significantly linked to the qualifications of the position.

[§378-2.7] Employer inquiries into and consideration of credit history or credit report.

Notwithstanding §378-2(8):

(1) Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after the prospective employee has received a conditional offer of employment, which may be withdrawn if information in the credit history or credit report is directly related to a bona fide occupational qualification;

(2) The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to employers who are expressly permitted or required to inquire into an individual's credit history for employment purposes pursuant to any federal or state law;

(3) The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to managerial or supervisory employees; and

(4) The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to employers that are financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution.

In other words:

Employers in Hawaii can only investigate and consider an applicant’s credit information after a job offer has been made to the applicant. This job offer may be taken off the table if the applicant’s credit information negatively relates to the qualifications of the position. The restriction that says an employer cannot hire does not apply to: (1) employers who are required or authorized under federal or state law to review an applicant’s credit information; (2) managerial or supervisory positions; and (3) positions at federally insured financial institutions.

HI Revised Statutes §378-2.5 (a) (b) – Employer inquiries into conviction records

Subject to subsection (b), an employer may inquire about and consider an individual’s criminal conviction record concerning hiring, termination, or the terms, conditions, or privileges of employment; provided that the conviction record bears a rational relationship to the duties and responsibilities of the position. (b) Inquiry into and consideration of conviction records for prospective employees shall take place only after the prospective employee has received a conditional offer of employment which may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position. (c) For purposes of this section, "conviction" means an adjudication by a court of competent jurisdiction that the defendant committed a crime, not including final judgments required to be confidential pursuant to section 571-84; provided that the employer may consider the employee's conviction record falling within a period that shall not exceed the most recent ten years, excluding periods of incarceration.  If the employee or prospective employee claims that the period of incarceration was less than what is shown on the employee's or prospective employee's conviction record, an employer shall provide the employee or prospective employee with an opportunity to present documentary evidence of a date of release to establish a period of incarceration that is shorter than the sentence imposed for the employee's or prospective employee's conviction

In other words:

In Hawaii, a job applicant’s criminal conviction records can be used to make decisions about employment if the conviction record is reasonably linked to the duties and responsibilities of the position in question. However, this criminal conviction record should be limited to conivctions occuring in the past 10 years, and it may only be taken into account after a conditional job offer has been made. There are some exceptions to this rule depending on the nature of the position sought. 

 

 


 How to Dispute Your Records: 

Criminal Records:

If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.

Feel free to take a look at some of these resources for more information:
eCrim Online Access
Public Access Sites
Request for Criminal History Record Check
Expungement Frequently Asked Questions
Application of Expungement of Arrest Records

Civil Records:

All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.

Oahu: (808)538-5151
Maui District Court: (808)244-2800
Hilo District Court: (808)961-7470
Kona District Court: (808)322-2022
Hamakua District Court: (808)885-4615
Kauai District Court: (808)246-3330 or (808)246-3337
Molokai District Court: (808)553-5451
Lanai District Court: (808)565-6447

Contact State Law Officials

Hawaii Criminal Justice Data Center
465 S. King Street, Room 102
Honolulu, HI 96813
website

Department of the Attorney General
425 Queen Street
Honolulu, HI 96813
Phone: (808) 586-1500
Fax: (808) 586-1239
website

Administrative Offices of the Courts
Ali’iolani Hale
417 S. King Street
Honolulu, HI 96813
website

National Laws and Resources

In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.

Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx

Disclaimer
GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.