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Hawaii Background Check Laws: What Employers Need to Know
Hawaii layers several employer-facing rules on top of federal FCRA standards, relevant across the state's tourism, hospitality, and healthcare industries, whether you're hiring in Honolulu, Hilo, or Kahului.
Conviction Record Look-Back Limits
Hawaii limits how far back an employer can inquire into conviction history, and this applies to public employers as well as private ones. Under current guidance, employers may inquire into felony convictions within the past 7 years and misdemeanor convictions within the past 5 years, excluding any time the candidate spent incarcerated.
Salary History
Employers are prohibited from asking applicants about their past salary.
Credit Reports
Public employers may only order a credit report after an offer of employment has been made, and only under certain defined circumstances.
Pass-Through Fees for Hawaii Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (HI Dept. of the Attorney General) | $5.00 per online search plus $12.00 per printable result via the state's "eCrim" system, totaling roughly $17 for a full certificate |
| Motor vehicle record | $23.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Hawaii Employers
How far back can a Hawaii employer look into conviction history?
Generally 7 years for felonies and 5 years for misdemeanors, not counting time spent incarcerated.
Can I ask a Hawaii candidate about their salary history?
No. Employers can't inquire about a candidate's past salary at any point in the hiring process.
How much does a statewide criminal check cost in Hawaii?
Around $17 total through the state's eCrim system, combining the online search fee and the fee for a printable result.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
