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Background and Credit Checks for a Job

HRS 378-2.5 — only after a conditional offer, and only seven years of felonies and five of misdemeanors

An employer may ask about and consider a conviction record only where it bears a rational relationship to the duties of the position, and for an applicant, only after a conditional offer of employment, which may then be withdrawn on that ground.

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Who handles this in Hawaii: Hawaii Criminal Justice Data Center, Hawaii Civil Rights Commission and Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.

  • The employer may consider no more than the most recent seven years for felony convictions and five years for misdemeanor convictions, not counting periods of incarceration.
  • Many employers that other laws allow to check more broadly are excepted, such as schools, banks, security agencies, insurers and some state agencies.
  • HRS 378-2.5

A credit history or credit report may be considered only after a conditional offer, and only where it directly relates to a bona fide occupational qualification. That limit does not cover managerial or supervisory positions, federally insured financial institutions, or employers other laws permit to check.

  • HRS 378-2.7
Sources for this section (2)
  1. HRS 378-2.5 — Employer inquiries into conviction record
  2. HRS 378-2.7 — Employer inquiries into and consideration of credit history or credit report

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.

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