Home › Employment background check laws › Hawaii
Hawaii background check laws for employers
Hawaii bans discrimination based on arrest and court records and lets employers look at convictions only after a conditional job offer. Employers may consider only felony convictions from the last 7 years and misdemeanor convictions from the last 5 years, not counting time in prison, and only if the conviction has a rational relationship to the job. Hawaii also limits credit checks to after a conditional offer.
Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.
Fair-chance hiring (criminal history)
- Hawaii's employment discrimination law covers every employer with one or more employees and bans discrimination based on arrest and court record (HRS § 378-1; HRS § 378-2(a)(1)).
- Employers may ask about and consider convictions only after a conditional job offer, and may withdraw the offer only if the conviction has a rational relationship to the job duties (HRS § 378-2.5(a)-(b)).
- Employers may consider only felony convictions from the most recent 7 years and misdemeanor convictions from the most recent 5 years, not counting periods of incarceration (HRS § 378-2.5(c)).
- If the person says their time in prison was shorter than the record shows, the employer must let them present documents showing the release date (HRS § 378-2.5(c)).
- The timing rule and the 7-year and 5-year limits do not apply to employers that another federal or state law expressly allows to check criminal history, such as banks, insurers, private schools, security guard companies, airport screening employers, and certain health and care providers (HRS § 378-2.5(d)).
- Hawaii law does not set a specific notice or waiting period beyond the federal FCRA steps (HRS § 378-2.5).
- The Hawaii Civil Rights Commission handles complaints under this law (HRS § 378-1).
City and county rules
- No county or city fair chance ordinance in Hawaii was found; the state law covers all employers (HRS § 378-2.5).
State consumer report rules
- No Hawaii consumer reporting statute was found that adds employment disclosure or consent rules beyond the federal FCRA; Hawaii's extra rules are in its employment law (HRS §§ 378-2.5, 378-2.7).
How far back a report can go
- Employers may consider only felony convictions within 7 years and misdemeanor convictions within 5 years, excluding time incarcerated (HRS § 378-2.5(c)).
- Confidential family court juvenile judgments do not count as convictions an employer may consider (HRS § 378-2.5(c)).
- A person with an expunged arrest record may answer any question as if they have no record of that arrest, and may not be fired or face other adverse action for doing so (HRS § 831-3.2(e)).
Credit checks
- Employers may not refuse to hire or otherwise discriminate based on credit history or a credit report unless it directly relates to a bona fide occupational qualification (HRS § 378-2(a)(8)).
- Employers may look at credit history only after a conditional job offer, and the limit does not apply to managers, supervisors, federally insured financial institutions, or employers the law permits or requires to check credit (HRS § 378-2.7(a)).
Also good to know
- Hawaii requires background checks, including criminal history, for prospective direct patient access employees and adult volunteers of healthcare facilities licensed or certified by the Department of Health (HRS § 321-15.2(d)).
Common questions
Can Hawaii employers run a background check?
Hawaii bans discrimination based on arrest and court records and lets employers look at convictions only after a conditional job offer. Employers may consider only felony convictions from the last 7 years and misdemeanor convictions from the last 5 years, not counting time in prison, and only if the conviction has a rational relationship to the job. Hawaii also limits credit checks to after a conditional offer.
Does Hawaii have a ban-the-box law for private employers?
Hawaii's employment discrimination law covers every employer with one or more employees and bans discrimination based on arrest and court record (HRS § 378-1; HRS § 378-2(a)(1)).
How far back does a background check go in Hawaii?
Employers may consider only felony convictions within 7 years and misdemeanor convictions within 5 years, excluding time incarcerated (HRS § 378-2.5(c)).
Can Hawaii employers run credit checks on applicants?
Employers may not refuse to hire or otherwise discriminate based on credit history or a credit report unless it directly relates to a bona fide occupational qualification (HRS § 378-2(a)(8)).
Some rules for Hawaii weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- HRS § 378-2.5 (official, capitol.hawaii.gov)
- HRS § 378-1 (official)
- HRS § 378-2 (official)
- HRS § 378-2.7 (official)
- HRS § 378-3 (official)
- HRS § 831-3.2 (official)
- HRS § 321-15.2 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.