Hawaii background check laws for employers

At a glance

The Hawaii rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: All employers with 1+ employees, private and public

An employer may ask about and consider a conviction record only after a conditional offer of employment, and only when the conviction bears a rational relationship to the duties of the position. The offer may be withdrawn on that basis. Lookback: 7 years for felonies, 5 years for misdemeanors, excluding incarceration. If the person says the time served was shorter than the record shows, the employer must let them show documentary evidence of the release date. Family court adjudications kept confidential under HRS 571-84 are not convictions. The statute sets no notice form or waiting period of its own; adverse-action notice duties follow the federal FCRA.

Exceptions

• Employers expressly permitted by other federal or state law to inquire into criminal history, including the 19 categories listed in HRS 378-2.5(d): the State and counties, Department of Education, private schools, federally insured financial institutions, detective and security guard agencies, insurers, airport screening employers, developmental-disability domiciliary homes, condominium and cooperative housing boards, and others

HRS 378-2.5(b) · HRS 378-2.5(a) · HRS 378-2.5(d) · HRS 378-1 (Employer) · SLH 2026 Act 56 (SB 2727 CD1; signed May 28, 2026 per GM1156), amending HRS 368-11(c)

What a background check report may include

Who it covers: Private employers of 1+ employees (HRS 378-1 defines employer as having one or more employees)

No state limit on what a consumer report may include beyond the federal FCRA. Hawaii has no state consumer-reporting statute for employment; HRS chapter 489P covers security freezes only. The limits sit on the employer: an employer may consider only felony convictions within the most recent 7 years and misdemeanor convictions within the most recent 5 years, excluding periods of incarceration. Arrest and court record is a protected basis in employment, and expunged arrests may be denied.

Exceptions

• Employers expressly permitted by other federal or state law to inquire into criminal history (HRS 378-2.5(d) list, e.g. federally insured financial institutions, insurers, private schools, armed security, airport screening)

HRS 378-2.5(c) · HRS 378-2(a)(1) · HRS 831-3.2(e) · HRS chapter 489P (section list)

Sealed and expunged records

Who it covers: All employers

In force since: June 25, 2026

No automatic sealing of convictions. Arrest-record expungement is by written application to the attorney general. It covers arrests that did not end in a conviction, chapter 661B redress cases, and (since June 25, 2026, Act 152) arrests for a crime that ended in a conviction for only a violation. Once expunged, the person is treated as not having been arrested and may state there is no record of the arrest; that statement cannot support discharge from employment. Expunged records are released only to courts preparing presentence reports, agencies filling national or state security positions, and law enforcement. Courts may also expunge certain convictions on application: first-time drug probationers who finish treatment (HRS 706-622.5), possession of 3 grams or less of marijuana (706-622.5(5)), first-time class C felony property offenders who finish treatment (706-622.9, expanded by Act 168 of 2024), and underage-drinking DUI first offenses after age 21 (291E-64(e)). Deferred-plea dismissals under chapter 853 may then be expunged under 831-3.2. A state-initiated pilot (Act 62 of 2024, widened by Act 5 of 2025) had the attorney general expunge, on its own initiative, pre-January 11, 2020 single-charge HRS 712-1249 arrests that did not end in conviction, in one county; it ended October 1, 2025. A clean slate expungement task force (Act 241 of 2024) is to recommend a state-initiated record-clearing program; final report due before the 2027 session.

Exceptions

• Court presentence investigations
• Federal or state agencies filling positions that immediately and directly affect national or state security
• Law enforcement agencies acting within their duties

HRS 831-3.2(a) · HRS 831-3.2(d) · SLH 2024 Act 62 (HB 1595), Section 2(b) · SLH 2024 Act 62, Section 2(a) · SLH 2025 Act 5 (HB 132), amending Act 62 · SLH 2026 Act 152 (HB 2279 CD1; signed June 25, 2026 per GM1253), amending HRS 831-3.2(a) · HRS 706-622.5(5) · HRS 706-622.9 · SLH 2024 Act 241 (SB 2706), Section 2(a)

Credit checks for employment

Who it covers: All employers with 1+ employees

An employer may not refuse to hire, discharge, or otherwise discriminate because of credit history or a credit report unless the information directly relates to a bona fide occupational qualification. A credit inquiry on an applicant may take place only after a conditional offer, which may be withdrawn only if the credit information is directly related to a bona fide occupational qualification.

Exceptions

• Employers expressly permitted or required by federal or state law to inquire into credit history
• Managerial or supervisory employees (as defined in HRS 378-2.7(b))
• Financial institutions whose deposits are federally insured

HRS 378-2(a)(8) · HRS 378-2.7(a)(1) · HRS 378-2.7(a)(3)

Salary history questions

Who it covers: All employers and employment agencies, private and public

In force since: January 1, 2019

An employer may not ask about an applicant’s salary history or rely on it to set pay, benefits, or other compensation. Employers may discuss the applicant’s expectations. If the applicant volunteers salary history without prompting, the employer may consider and verify it. A background check that incidentally discloses salary history is allowed, but the disclosure may not be relied on in setting compensation.

Exceptions

• Internal transfer or promotion with the current employer
• Verification of non-salary information or a background check (disclosed salary history still may not be relied on)
• Public positions where compensation is set by collective bargaining

HRS 378-2.4(a) · HRS 378-2.4(c)(2) · SLH 2018 Act 108, effective-date section

Cannabis use and testing

Who it covers: All employers

No off-duty use protection and no limit on pre-employment THC testing. Medical cannabis use is authorized by statute, but the authorization does not extend to use in the workplace of one’s employment, and the statute’s protections are defenses to prosecution, not employment rights. Adult recreational use is not legal in Hawaii. Any drug test must follow HRS chapter 329B (see drug_testing).

HRS 329-122(e)(2)(B) · HRS 329-122(e)(2)(B) · HRS 329-125(a)

Drug and alcohol testing procedures

Who it covers: Any third party (including private employers) requiring a substance abuse test in Hawaii

Hawaii regulates the testing procedure. No employer or other third party may require, request, or suggest a substance abuse test that does not meet chapter 329B. Tests must run at a laboratory licensed by the Department of Health or SAMHSA-certified and approved by the director (on-site screening is allowed under 329B-5.5). Before a sample is collected the person must receive a written statement of the specific substances to be tested for and a notice that over-the-counter or prescribed drugs may cause a positive result. Labs may test only for the listed substances. The third party pays all costs, including confirmation testing. On-site screening tests must follow the maker’s package insert and be given by a trained operator. A positive on-site screen cannot by itself support an adverse action: the person must be sent within four hours to a licensed lab for a 329B-5 test, at the employer’s cost. Chapter 329B does not apply to clinical toxicology, alcohol tests under chapters 286 and 291, federal-guideline (subpart C) tests, or testing of people under judiciary or corrections supervision.

Exceptions

• Third parties covered by a drug testing regulation of the state or U.S. Department of Transportation or another federal agency
• Toxicology tests used in direct clinical management of patients
• Alcohol tests under HRS chapter 286 or 291
• Tests made under subpart C of the federal Mandatory Guidelines for Federal Workplace Drug Testing Programs

HRS 329B-3 · HRS 329B-4(a) · HRS 329B-5(a) · HRS 329B-5.5(2)-(3) · HRS 329B-2.5 · HRS 329B-3 (costs)

Where federal law alone applies

We found no Hawaii rule for private employers on these topics. The FCRA and other federal laws still apply.

• State consumer reporting law

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Hawaii requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Hawaii sets these for each new hire.

• State withholding. Get a completed Form HW-4 from each new hire; the federal W-4 may not be used, Hawaii allows no ‘exempt’ status, and without an HW-4 you withhold as if the employee is single with no allowances. Form HW-4
• New hire report. Report each new hire to Hawaii within 20 days. State new hire reporting
• Notices at hire. Written notice of rate of pay and payday.

Build the new hire checklist for Hawaii, with city rules, special cases and a due date for each item.

Sources

• HRS 378-2.5(b)
• HRS 378-1 (Employer)
• SLH 2026 Act 56 (SB 2727 CD1; signed May 28, 2026 per GM1156), amending HRS 368-11(c)
• HRS 378-2(a)(1)
• HRS 831-3.2(e)
• HRS chapter 489P (section list)
• SLH 2024 Act 62 (HB 1595), Section 2(b)
• SLH 2025 Act 5 (HB 132), amending Act 62
• SLH 2026 Act 152 (HB 2279 CD1; signed June 25, 2026 per GM1253), amending HRS 831-3.2(a)
• HRS 706-622.5(5)
• HRS 706-622.9
• SLH 2024 Act 241 (SB 2706), Section 2(a)
• HRS 378-2.7(a)(1)
• HRS 378-2.4(a)
• SLH 2018 Act 108, effective-date section
• HRS 329-122(e)(2)(B)
• HRS 329-125(a)
• HRS 329B-3
• HRS 329B-4(a)
• HRS 329B-5(a)
• HRS 329B-5.5(2)-(3)
• HRS 329B-2.5

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.