Hawaii Background Check Laws (2026 Guide)

Hawaii regulates employer background checks under HRS 378-2.5, which requires a conditional job offer before any inquiry into an applicant's conviction history. Employers may look back 7 years for felonies and 5 years for misdemeanors, excluding incarceration time, and cannot use arrest records that did not result in conviction.

Last verified: March 2026. This page reflects current Hawaii Revised Statutes Sections 378-2, 378-2.5, 378-2.7, 831-3.1, 831-3.2, and 846-2.7.

Table of Contents

• Overview of Hawaii Background Check Laws
• Ban the Box: HRS 378-2.5
• Arrest and Court Record Protections: HRS 378-2
• Lookback Periods for Criminal Convictions
• The Rational Relationship Test
• Exempt Employers
• Credit History Restrictions: HRS 378-2.7
• FCRA and Federal Requirements
• How to Run a Background Check in Hawaii
• Housing and Tenant Screening
• Professional Licensing and Convictions: HRS 831-3.1
• Expungement of Criminal Records: HRS 831-3.2
• Penalties for Employer Violations
• Recent Changes to Hawaii Background Check Laws
• Frequently Asked Questions
• Sources and References

Overview of Hawaii Background Check Laws

Hawaii has some of the strongest worker protections in the country when it comes to criminal background checks and employment. The state was the first in the nation to pass a Ban the Box law in 1998, prohibiting employers from asking about criminal history on job applications.

Since then, Hawaii has continued to strengthen these protections. The state limits how far back employers can look at criminal records, restricts the use of arrest records entirely, and requires employers to show a direct connection between any conviction and the job before denying employment.

These protections apply to both public and private employers across all counties, including Honolulu, Maui, Kauai, and Hawaii County.

Hawaii's background check framework is governed by several statutes working together. The primary laws include HRS 378-2 (prohibiting discrimination based on arrest and court records), HRS 378-2.5 (regulating employer inquiries into conviction records), and HRS 846-2.7 (governing criminal history record checks through the Hawaii Criminal Justice Data Center).

Ban the Box: HRS 378-2.5

Hawaii's Ban the Box law, codified in HRS 378-2.5, sets strict rules about when and how employers can ask about criminal history.

Conditional Offer Requirement

The law requires that any inquiry into a job applicant's conviction record can only happen after the applicant has received a conditional offer of employment. This means employers cannot:

• Include questions about criminal history on job applications
• Ask about convictions during interviews before making a conditional offer
• Use criminal history as an initial screening tool
• Run criminal background checks before extending a conditional job offer

The conditional offer may be withdrawn only if the applicant's conviction record bears a rational relationship to the duties and responsibilities of the position.

What Employers Can and Cannot Do

After making a conditional job offer, employers may inquire about and consider an applicant's criminal conviction record. However, they must follow specific rules:

• Only convictions within the applicable lookback period may be considered
• The conviction must have a rational relationship to the job duties
• Arrest records that did not result in conviction cannot be considered at all
• Employers must conduct an individualized assessment before withdrawing the offer

This structure gives applicants a fair chance to be evaluated on their qualifications first, before any criminal history enters the picture.

Arrest and Court Record Protections: HRS 378-2

Under HRS 378-2, Hawaii makes it an unlawful discriminatory practice for employers to refuse to hire, discharge, or otherwise discriminate against any person because of their arrest and court record.

The definition of "arrest and court record" under HRS 378-1 is broad. It covers any information about a person having been questioned, apprehended, taken into custody, held for investigation, charged with an offense, served a summons, arrested with or without a warrant, tried, or convicted.

Key Protections

This protection means employers generally cannot make employment decisions based on:

• Arrests that did not lead to conviction
• Dismissed charges
• Acquittals
• Pending charges (in most circumstances)

Hawaii's approach stands out nationally. While many states have some form of arrest record protection, Hawaii's is among the most comprehensive because it covers all employers and treats "arrest and court record" as a protected category alongside race, sex, religion, and other characteristics.

Lookback Periods for Criminal Convictions

Hawaii sets strict time limits on how far back employers can look when considering criminal convictions. These lookback periods were significantly shortened by Act 51 of 2020 (SB 2193), which took effect on September 15, 2020.

Current Lookback Periods

How Incarceration Time Is Calculated

An important detail: periods of incarceration are excluded from the lookback calculation. This means the clock does not run while a person is in prison. For example, if someone was convicted of a felony 8 years ago but spent 3 of those years incarcerated, only 5 years of community time have passed, and the conviction could still be considered.

This exclusion ensures that the lookback period reflects the time an individual has been living in the community, not simply the time since the conviction date.

Legislative Purpose

The Hawaii legislature shortened the lookback periods after finding that the previous 10-year window was too long. According to the legislative findings in SB 2193, the longer period contributed to unnecessary employment discrimination against people with older and relatively minor conviction records. The reduction aims to support economic self-sufficiency and reduce recidivism.

The Rational Relationship Test

Even when a conviction falls within the lookback period, employers cannot automatically disqualify an applicant. Under HRS 378-2.5, the conviction must bear a "rational relationship" to the duties and responsibilities of the position.

Factors Employers Should Consider

When applying the rational relationship test, employers should evaluate:

• The nature and gravity of the offense
• The time that has passed since the conviction or completion of sentence
• The nature of the job duties and responsibilities
• Whether the offense is directly related to the position's requirements

For example, a conviction for financial fraud may bear a rational relationship to a position handling money or financial records. However, that same conviction would likely not bear a rational relationship to a warehouse labor position.

Individualized Assessment

The rational relationship test requires a case-by-case evaluation. Blanket policies that automatically disqualify anyone with a criminal record are not compliant with Hawaii law. Employers must assess each applicant's situation individually and provide the applicant an opportunity to explain the circumstances before withdrawing a conditional offer.

Exempt Employers

Certain employers are exempt from the conditional offer requirement and lookback period limitations under HRS 378-2.5(d). These employers are expressly permitted by federal or state law to inquire into criminal history without the standard restrictions.

Categories of Exempt Employers

Exempt employers include, but are not limited to:

• State government agencies pursuant to HRS 78-2.7 and HRS 831-3.1
• Department of Education pursuant to HRS 302A-601.5
• Department of Health for positions involving direct, non-witnessed contact with mental health clients
• Department of Human Services for positions involving vulnerable populations
• Department of Corrections and Rehabilitation pursuant to HRS 353-1.5
• Private schools and childcare facilities
• Armed security service providers
• Federally insured financial institutions (banks, credit unions)
• Insurance companies
• Homes and facilities serving developmentally disabled individuals

Even exempt employers must still comply with anti-discrimination provisions and apply criminal history information fairly and consistently.

Credit History Restrictions: HRS 378-2.7

Hawaii extends its employment protections beyond criminal records to also cover credit history. Under HRS 378-2.7, employers face restrictions on using credit reports in hiring decisions.

Key Rules for Credit Checks

Similar to the criminal background check rules, credit history inquiries may only take place after the applicant has received a conditional offer of employment. The offer may be withdrawn based on credit information only if it is "directly related to a bona fide occupational qualification."

Exceptions to Credit Check Restrictions

The credit history restriction does not apply to:

• Employers expressly permitted or required to check credit history under federal or state law
• Managerial or supervisory employees
• Federally insured financial institutions (banks, credit unions, savings associations)

This makes Hawaii one of a small number of states that restrict employer use of credit reports during the hiring process.

FCRA and Federal Requirements

When employers use a third-party consumer reporting agency to conduct background checks, they must comply with the federal Fair Credit Reporting Act (FCRA). The FCRA applies on top of Hawaii's state-level protections.

Employer Obligations Under the FCRA

Before running a background check through a third party, employers must:

• Provide a standalone written disclosure to the applicant that a background check may be conducted
• Obtain the applicant's written authorization before requesting the report
• Certify to the consumer reporting agency that the information will be used for employment purposes and that the employer will comply with all FCRA requirements

Adverse Action Process

If an employer decides to take adverse action (such as withdrawing a job offer) based on information in a background check report, the FCRA requires a two-step process:

1. Pre-adverse action notice: The employer must send the applicant a copy of the report and a summary of rights under the FCRA before making the final decision
2. Adverse action notice: After a reasonable waiting period, if the employer proceeds with the adverse action, they must send a final notice that includes the name of the reporting agency, a statement that the agency did not make the decision, and notice of the applicant's right to dispute the report

Seven-Year Reporting Rule

Under the FCRA, consumer reporting agencies generally cannot report non-conviction arrests, civil suits, or civil judgments that are more than seven years old. They also cannot report paid tax liens older than seven years. However, convictions can be reported indefinitely under federal law. Hawaii's state lookback periods (7 years for felonies, 5 years for misdemeanors) provide stronger protection than the federal baseline.

How to Run a Background Check in Hawaii

The Hawaii Criminal Justice Data Center (HCJDC), a division of the Hawaii Attorney General's office, manages criminal history records for the state.

Types of Background Checks Available

Name-Based Checks

Public conviction records can be searched online through the eCrim system, Hawaii's Adult Criminal Conviction Information database. The cost is $5 per name search, plus $12 for each certified record. Physical public access site printouts cost $25.

Name-based checks only return adult criminal conviction information. Arrests that did not result in conviction are considered confidential and are not available through public searches.

Fingerprint-Based Checks

Under HRS 846-2.7, certain agencies and employers are authorized to conduct fingerprint-based criminal history checks. Fingerprints are submitted to both:

• The HCJDC for a state criminal history record check (which may include non-conviction data)
• The Federal Bureau of Investigation (FBI) for a national criminal history record check

Fingerprint-based checks are more thorough than name-based searches and are required for many licensed professions, government positions, and positions involving vulnerable populations.

Fingerprint Retention and Rap Back

Applicants must be notified that their fingerprints will be retained by both the HCJDC and the FBI. This retention enables the state's "Rap Back" program, which provides ongoing monitoring. If a person whose fingerprints are on file is subsequently arrested, the agency that submitted the fingerprints may be notified.

Confidentiality Requirements

Anyone who acquires criminal history information from fingerprint records may not disclose that information to unauthorized persons. Criminal history record information must be used exclusively for the stated purpose for which it was obtained, in accordance with HRS 378-2.5.

Housing and Tenant Screening

Hawaii does not have a state law that specifically prohibits landlords from considering criminal history during tenant screening. However, landlords must comply with fair housing requirements at both the state and federal level.

What Landlords Should Know

• Criminal background checks may be used as part of tenant screening
• Blanket policies that deny all applicants with any criminal record may violate fair housing laws if they disproportionately affect protected classes
• Landlords should assess each applicant individually, considering the nature of the offense, time elapsed, and relevance to tenancy
• Under HUD guidance, using criminal history as an absolute bar to housing may constitute disparate impact discrimination

Tenant Screening Fees

As of May 1, 2024, Hawaii's Act 200 prohibits landlords from charging tenant screening fees that exceed the actual cost of obtaining information about the applicant. Any unused portion of the fee must be refunded within 30 days.

Landlords can charge applicants a screening fee to cover costs of personal reference checks, tenant reports, criminal background checks, and credit reports, but the fee must reflect actual expenses.

Professional Licensing and Convictions: HRS 831-3.1

Hawaii provides significant protections for people with criminal records who seek professional licenses. Under HRS 831-3.1, a person cannot be disqualified from public employment or professional licensure solely because of a prior criminal conviction.

The 10-Year Licensing Lookback

For professional licensing, the lookback period is longer than for general employment:

• Convictions within 10 years (excluding incarceration time): May be considered if the conviction bears a "rational relationship" to the duties and responsibilities of the occupation
• Convictions older than 10 years (excluding incarceration time): May only be considered if the conviction has not been expunged and "directly relates" to possible performance in the occupation, and only after a determination that the person has not been sufficiently rehabilitated

Rehabilitation Consideration

The law requires licensing boards to consider evidence of rehabilitation before denying a license based on an older conviction. This includes factors such as completion of sentence, subsequent law-abiding behavior, employment history, and evidence of community involvement.

Scope of Protection

This protection applies to any permit, license, registration, or certificate required by the state. It covers a wide range of professions, from healthcare workers to real estate agents to contractors.

Expungement of Criminal Records: HRS 831-3.2

Hawaii allows certain criminal records to be expunged through the Hawaii Criminal Justice Data Center. Expungement removes arrest records from the statewide criminal history database.

Who Qualifies for Expungement

Non-Conviction Arrests

Individuals who were arrested or charged but not convicted may apply for expungement under HRS 831-3.2. However, applications will be denied in certain cases:

• Felony or misdemeanor arrests where bail was forfeited
• Petty misdemeanor or violation arrests with bail forfeiture (5-year waiting period applies)
• Cases where the defendant fled the jurisdiction
• Involuntary hospitalization or acquittals under HRS Chapter 704
• Deferred plea cases (1-year waiting period under HRS 831-3.2(a)(5); a 3-year waiting period after discharge applies to prostitution cases deferred under HRS 712-1200(4)(c))

Certain Conviction Expungements

Courts may grant expungement for specific first-time offenses:

• Underage DUI under HRS 291E-64(e)
• First-time drug offenses under HRS 706-622.5 and 706-622.8
• First-time property offenses under HRS 706-622.9

Expungement Process and Costs

The expungement process is handled by the HCJDC and takes approximately 120 days to complete. No expedited processing is available.

If the application is denied, the applicant receives a refund minus the $10 processing fee.

Automatic Court Record Sealing (Effective July 2025)

As of July 1, 2025, individuals who receive an expungement order no longer need to separately request that the Judiciary seal related court records. The HCJDC now automatically transmits expungement orders to the Judiciary for record sealing consideration. This change streamlines a process that previously required separate petitions to both the HCJDC and the courts.

Penalties for Employer Violations

Employers who violate Hawaii's background check laws face enforcement action through the Hawaii Civil Rights Commission (HCRC) and the courts.

Filing a Complaint

Individuals who believe an employer has violated HRS 378-2 or 378-2.5 can file a complaint with the HCRC. The Commission investigates complaints and can take enforcement action.

Available Remedies

Under HRS 378-5, if a violation is found, the HCRC or a court may order:

• Hiring, reinstatement, or upgrading of the affected employee
• Back pay (limited to two years prior to filing the complaint)
• Compensatory damages for injuries or losses caused by the violation
• Reasonable attorney's fees and expert witness fees
• Injunctive relief ordering the employer to stop the discriminatory practice
• Other equitable relief as appropriate

The HCRC can also enforce its orders, conciliation agreements, or settlements by commencing civil action in circuit court or by issuing a "right to sue" letter to the complainant.

Recent Changes to Hawaii Background Check Laws

Hawaii has made several notable updates to its background check laws in recent years.

Act 51 of 2020 (Effective September 15, 2020)

SB 2193, signed by Governor David Ige, was the most significant recent change. It reduced the lookback period for employer consideration of criminal convictions from 10 years for all convictions to 7 years for felonies and 5 years for misdemeanors (excluding incarceration time). The legislature stated this change was intended to reduce "conscious or unconscious bias" in evaluating older convictions.

Act 200 of 2024 (Tenant Screening Fees)

Effective May 1, 2024, this law prohibited landlords from charging tenant screening fees that exceed actual costs. While not directly a criminal background check law, it affects the cost of screening that includes criminal record searches.

Automatic Court Record Sealing (Effective July 1, 2025)

This change streamlined the expungement process by requiring automatic transmission of expungement orders from the HCJDC to the Judiciary for court record sealing. Previously, individuals had to file separate requests with both agencies.

Frequently Asked Questions

Can an employer in Hawaii ask about my criminal history on a job application?

No. Under HRS 378-2.5, employers cannot ask about criminal history on job applications or during interviews before making a conditional job offer. Hawaii was the first state to pass this type of Ban the Box law in 1998. Only after a conditional offer of employment has been extended can an employer inquire about criminal convictions.

How far back can Hawaii employers look at my criminal record?

Hawaii employers can consider felony convictions from the past 7 years and misdemeanor convictions from the past 5 years. Periods of incarceration are excluded from these timeframes. For example, if you were convicted of a felony 9 years ago but served 3 years in prison, only 6 years of community time have elapsed, meaning the conviction could still be considered. These lookback periods were shortened from 10 years by Act 51 of 2020.

Can a Hawaii employer deny me a job because of an arrest that did not result in conviction?

Generally, no. Under HRS 378-2, it is an unlawful discriminatory practice for employers to make employment decisions based on arrest and court records. This protection covers arrests without conviction, dismissed charges, and acquittals. Using non-conviction arrest records as a basis for employment decisions can result in a complaint to the Hawaii Civil Rights Commission.

What is the rational relationship test for criminal convictions and employment in Hawaii?

Under HRS 378-2.5, even when a conviction falls within the lookback period, an employer can only withdraw a conditional job offer if the conviction bears a rational relationship to the duties and responsibilities of the position. This requires a case-by-case evaluation considering the nature of the offense, the time elapsed, and the specific job duties. Blanket policies that automatically disqualify all applicants with any conviction do not satisfy this requirement.

How do I get my criminal record expunged in Hawaii?

You can apply for expungement through the Hawaii Criminal Justice Data Center (HCJDC) if you were arrested or charged but not convicted. The process takes approximately 120 days and costs $35 for a first-time application ($50 for subsequent applications). Certain first-time conviction offenses, including underage DUI and first-time drug or property offenses, may also be eligible for court-ordered expungement. As of July 2025, approved expungement orders are automatically transmitted to the Judiciary for court record sealing.