EMPLOYMENT BACKGROUND CHECKS
Pre-Employment Screening Services in Hawaii
All employment screening services including pre-employment drug screening and pre-employment criminal record background checks are available in Hawaii.
updated 03/2021
Recent ruling concerning release forms by ninth circuit.
Single combined state and Federal release forms no longer adequate.
Employers conducting background checks in Alaska, Arizona, Idaho, Montana Nevada, Oregon and Washington State should be aware of this ruling and take steps to comply with this ruling.
In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29, 2019), the Ninth Circuit held a single form combining nearly identical federal and state disclosures violates both federal and state laws.
Employers who conduct pre-employment background checks must now provide applicants with two separate standalone forms:
(1) disclosure and consent under Fair Credit Reporting Act; and
(2) disclosure and consent under California’s Investigative Consumer Reporting Agencies Act (or other applicable state law).
A current Hawaii county criminal records background check is recommended for the most up to date and complete employment background check information.
Hawaii
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states.
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
Arrest:
Employers may not obtain or make adverse employment decisions based upon arrest or court record information found on employment applications or other inquiries into an individuals arrest or court records. Haw. Rev. Stat. § 378-2
§378.3
Individuals having expungement certificate may deny arrest record in employment context. Haw. Rev. Stat. § 831-
3.2(e).
Conviction:
Once a conditional offer of employment has been made, but not before, an employer may inquire into and consider an applicants or employees conviction record, if that record bears a rational relationship to the job. Haw. Rev.
Stat. § 378-
Hawaii Department Of Corrections
Data consists of approximately 48,000 individuals that are, or have been under the Supervision of the Department of Corrections for felony offenses since 1990.
Information includes inmate’s name, SID number, the facility they are housed in, their charge and/or conviction, sentence, and the projected release date. Date of Birth is currently not available.
Hawaii Sex Offender
Hawaii Sex Offender Registry includes offenders living in Hawaii who have been given a court hearing to determine if that information of person shall be made public. Information about those persons, which is available to the public includes: name, photograph, street name of residence, and crime for which convicted.
Updated 05/2020
Disclaimer
None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way