"Take A Closer Look At Who You Employ"


Hawaii General Guidelines



Haw. Rev. Stat. §§ 3782.to 3782.5; 8313.2

Rules for employers:

Arrest records. It is a violation of law for any employer to refuse to hire, to discharge or to discriminate in terms of compensation, conditions or privileges of employment because of a person’s arrest or court record.

Convictions. May inquire into a conviction only after making a conditional offer of employment, provided it has a rational relation to job. May not examine any convictions over 10 years old.
Rights of employees and applicants: If an arrest or conviction has been expunged, may state that no record exists and may respond to questions as a person with no record would respond.

Agency guidelines for pre-employment inquiries: Hawaii Civil Rights Commission, "Guide to Pre-Employment Inquiries."