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to the duties of the position, and for an applicant, only after a conditional offer of employment, which may then be withdrawn on that ground.
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.
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.
Sources for this section (2)
- HRS 378-2.5 — Employer inquiries into conviction record
- 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.