Hawaii Criminal background check is a law among the other protective laws of the
nation. It is equally a potential minefield for employers. One of such legislation is what is
commonly referred to as Ban the Box legislation which encourages the employees to
consider the background qualifications for the particular job that the employee is
This is done first before getting into the criminal records of an individual. Hawaii law
prohibits discrimination in any of its forms based on the applicant’s criminal history.
There is a possibility that the employers might not discriminate in hiring, firing,
compensation, or any other employment terms based on the applicant’s court or arrests
There are some facts; however, that is notable while considering a criminal background check.
1. Anti-discrimination laws apply to criminal background checks. It emphasizes the fact that
Criminal background checks need to be applied fairly and consistently.
2. Use of the service of a third party comes with additional requirements for the compliance.
3. It is recommended that you double-check your application over and over again. In several
times, the employers will make use of off – the shelf application templates which are
inclusive of questions on criminal convictions. It is essential to take some time to make
sure that the applications and screening interviews were done before employment are not
inclusive of prohibited questions.
4. An employer can obtain the Criminal history on a potential candidate on condition that
the employer has issued a conditional offer of employment. If the criminal conviction
records are in existence, an employer can consider the criminal history of an applicant for
conviction and the relationship that the applicant has with the position they are applying
An employer can obtain a credit report after a conditional offer of employment is made only if:
(1) State or Federal Law authorizes the employer to get a credit report; or
(2) The position is managerial or supervisory where employees use independent judgment to
perform their job; or
(3) The situation is for a federally insured financial institution.