Background Checks For Hawaii

Accessing Criminal Records

In Hawaii, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.

Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.

In Hawaii, a job applicant’s criminal conviction records can be used to make decisions about employment as long as the conviction record is relates to the responsibilities of the position in question. However, the criminal conviction records should be limited to felony convictions occurring in the past 7 years and misdemeanors occurring in the past 5 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 the type of position.

Employers in Hawaii can only investigate and consider an applicant’s credit history information after a job offer has been made to the applicant. This job offer may be rescinded if the applicant’s credit information negatively relates to the position qualifications. 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.