On September 15, 2020, Hawaii Governor David Ige signed Act 051 (20), a law that changes the lookback period for background checks to seven years for felonies and five years for misdemeanors when making employment decision. However, there are a few exemptions, such as state employees, law enforcement, healthcare workers, teachers and bankers.
Hawaii shortened the 10-year lookback period “to reduce unnecessary employment discrimination against individuals with old and relatively minor conviction records, in furtherance of economic self-sufficiency, and to reduce crime and recidivism rates.”
State law also requires employers to apply a “rational relationship” test before denying a prospective or current employee a position following a background check. An employer may only consider those convictions occurring in the permissible time period if there is a “rational relationship” between the convicted crime and the prospective job.
Additionally, the “rational relationship” determination with respect to relevant criminal history may only occur after the applicant has received a conditional job offer.
