Hawaii has some of the oldest fair-chance hiring rules in the country, and they apply to private employers as well as public ones. Hawaii law treats an "arrest and court record" as a protected category in employment. Under HRS 378-2.5, an employer may ask about or consider a conviction only after making a conditional job offer. Even then, the conviction must have a rational relationship to the duties of the job.
Hawaii also limits how far back an employer may look. An employer may consider felony convictions only from the most recent seven years and misdemeanor convictions only from the most recent five years, not counting time spent in prison. Arrests that did not lead to a conviction may not be considered. According to the Hawaii Civil Rights Commission, deferred acceptance of guilty or no contest pleas (DAG and DANC pleas) are not convictions under state law. Many employers are exempt, including state and county agencies, schools, banks, insurers, security firms and others listed in section 378-2.5(d).
Hawaii does not have a separate state law that regulates background check companies or tenant screening reports. Those reports are governed by the federal FCRA. A screening company must use reasonable procedures for maximum possible accuracy, and an employer must give you a copy of the report and a summary of your rights before taking adverse action. A report that lists a dismissed charge as a conviction, mixes you up with someone else, or shows a DAG plea as a conviction may support a dispute and an FCRA claim.
Where Hawaii FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Hawaii are heard in one federal district:
- District of HawaiiCourthouses: Honolulu.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Hawaii laws that add to the FCRA
- Inquiry into and consideration of conviction records (Haw. Rev. Stat. § 378-2.5)
Employers may ask about convictions only after a conditional job offer, may consider only felonies from the past seven years and misdemeanors from the past five years (excluding incarceration), and may act only if the conviction is rationally related to the job. Many employers listed in the statute are exempt. Read it - Employment discrimination based on arrest and court record (Haw. Rev. Stat. §§ 378-1, 378-2)
Hawaii's employment discrimination law covers "arrest and court record" as a protected category. The Hawaii Civil Rights Commission says employers may not ask about or consider arrests that did not lead to a conviction. Read it - Employer use of credit history or credit reports (Haw. Rev. Stat. § 378-2.7)
Credit history may be considered in hiring only after a conditional offer and only when directly related to a bona fide occupational qualification, with exemptions for managerial and supervisory roles, financial institutions and checks required by law. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can a Hawaii employer ask about my criminal record on a job application?
Generally no. Unless the employer falls within an exemption in HRS 378-2.5(d), it may ask about convictions only after it has made you a conditional job offer. It may then withdraw the offer only if a conviction is rationally related to the job's duties.
How far back can a Hawaii employer look at my convictions?
Most Hawaii employers may consider felony convictions from the past seven years and misdemeanor convictions from the past five years, not counting time in prison. Arrests without a conviction may not be considered. Some employers, such as government agencies, banks and security companies, are exempt.
What if a background check wrongly shows a DAG plea as a conviction?
The Hawaii Civil Rights Commission says DAG and DANC pleas that do not result in a conviction are not convictions under state law. If a background check reports one as a conviction, you can dispute it with the screening company. A report that is inaccurate or misleading may also support a claim under the federal FCRA.
How long do I have to file an FCRA lawsuit in Hawaii?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of Hawaii
- Haw. Rev. Stat. § 489P-3 (security freeze)
- Haw. Rev. Stat. Chapter 489P (table of contents)
- Haw. Rev. Stat. § 378-2.5 (conviction records)
- Haw. Rev. Stat. § 378-2.7 (credit history)
- Hawaii Civil Rights Commission, Arrest and Court Record fact sheet
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
Updated November 2026. This page is general information, not legal advice.