Hawaii Background Check Laws

Hawaii's ban-the-box law, HRS § 378-2.5, prohibits both public and private employers from inquiring about an applicant's criminal history on an initial employment application. Employers may only inquire about an applicant's criminal history after a conditional offer of employment has been made. Even then, an employer may only consider convictions that are job-related and consistent with business necessity. The law also prohibits employers from considering arrests that did not result in a conviction.

Hawaii law imposes additional restrictions beyond the federal FCRA, particularly regarding the timing of criminal history inquiries (ban-the-box) and the consideration of certain criminal records. While the FCRA dictates disclosure and authorization requirements, Hawaii specifies when and what criminal information can be requested and used in hiring decisions, and also includes a salary history ban not covered by FCRA.

Hawaii law (HRS § 378-2.5(c)) prohibits employers from inquiring about an applicant's salary history. Employers may not seek salary history information from an applicant or a former employer, and they cannot rely on salary history information to determine an applicant's wages. However, an applicant may voluntarily disclose salary history information, and an employer may confirm such information if voluntarily provided.

Hawaii law (HRS § 378-2.5) generally prohibits employers from considering arrests that did not result in a conviction. For convictions, employers may only consider those that are job-related and consistent with business necessity. There are no specific time limitations (e.g., 7-year lookback) for reporting convictions in Hawaii, but the 'job-related and consistent with business necessity' standard effectively limits the scope of usable information, especially for older, non-relevant convictions.

Hawaii law (HRS § 378-2.5) explicitly states that employers shall not consider records that have been expunged, sealed, or statutorily eradicated. If a record has been expunged or sealed, it should not appear on a background check report used for employment purposes, or if it does, it cannot be used in a hiring decision.

Hawaii's ban-the-box law (HRS § 378-2.5) serves as its primary fair chance hiring legislation, ensuring that applicants with criminal records are not automatically disqualified early in the hiring process. The requirement to assess job-relatedness and business necessity for convictions after a conditional offer is a core component of fair chance hiring.