Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Hawaii: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Hawaii was the first state in the nation to enact a ban the box law, in 1998. Employers may not inquire about an applicant's criminal conviction record until after extending a conditional offer of employment. Separately, an applicant's arrest record that did not result in a conviction is a protected characteristic under Hawaii's employment discrimination law, and employers may never inquire about or consider it.
Criminal Record Lookback Period
Employers may only consider a conviction that occurred within the past 7 years for a felony or 5 years for a misdemeanor, excluding any period of incarceration from the calculation, and only if the conviction bears a rational relationship to the duties and responsibilities of the position sought.
*Felony convictions: 7-year lookback. Misdemeanor convictions: 5-year lookback.
Reporting Restrictions
An arrest record that did not result in a conviction is a protected characteristic, and an employer may never inquire about, consider, or take adverse action based on it, regardless of how old it is.
Expunged / Sealed Records
A person may petition to have an arrest record expunged where the case was terminated in the person's favor without a conviction. Once expunged, the applicant may state that no such arrest occurred.
Salary History Ban
Employers may not inquire about an applicant's salary history, either directly or by contacting a current or former employer, and may not rely on salary history in determining an applicant's salary, benefits, or other compensation. An applicant may voluntarily and without prompting disclose salary history, in which case the employer may consider it.
Credit Report Restrictions
Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after a conditional offer of employment has been extended, and the offer may only be withdrawn if the credit information is directly related to a bona fide occupational qualification. This restriction does not apply to managerial or supervisory employees, or to employers expressly required or permitted to inquire into credit history under other federal or state law.
Bankruptcies
Hawaii has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Hawaii has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Hawaii has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Hawaii's medical cannabis law does not authorize use of cannabis in the workplace and does not address or restrict an employer's ability to take adverse action against a registered patient based on cannabis use or a positive drug test. Legislation to create such protections has been repeatedly introduced but has not been enacted.
Pre-Adverse Action Notice & Waiting Period
Hawaii has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Hawaii has no state law adding to the federal adverse action notice process.
Authorization Requirements
Hawaii has no state law governing background check authorization.
Individualized Assessment
A conviction may only be considered if it bears a rational relationship to the duties and responsibilities of the specific position sought, applied after a conditional offer of employment.
Pay Transparency
Employers with fifty or more employees must disclose an hourly rate or salary range in job listings for positions to be performed, at least in part, in Hawaii. Employers may not retaliate against an employee for disclosing or discussing wages with other employees.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Hawaii has no city or town governments with independent ordinance making authority. Only the state and its four counties (Honolulu, Maui, Kauai, and Hawaii County) may enact local laws. No county has adopted any additional hiring restrictions.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Hawaii has one of the oldest and strongest fair chance hiring frameworks in the country. To stay compliant:
Never inquire about or consider an applicant's arrest record that did not result in a conviction Do not inquire about or consider a conviction record until after extending a conditional offer of employment Limit consideration to felony convictions within the past 7 years and misdemeanor convictions within the past 5 years, excluding incarceration time Confirm any conviction considered bears a rational relationship to the duties of the specific position Do not ask about or rely on an applicant's salary history unless voluntarily disclosed Delay any credit history inquiry until after a conditional offer, and only withdraw the offer if the credit information is directly related to a bona fide occupational qualification If you have 50 or more employees, include an hourly rate or salary range in job listings for Hawaii positions Provide FCRA pre-adverse and final adverse action notices before rejecting an applicant based on a background reportNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Hawaii Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Hawaii law.