An Employer’s Guide to Hawaii Background Checks

Recruiting the right people for your company requires the right tools. Background checks help employers make informed hiring decisions by studying the applicant’s past and assessing their fit for the position.

Background checks compile valuable information regarding an applicant’s criminal, employment, and education history. Hawaii employers must understand how the screening process works and familiarize themselves with the applicable laws before implementing it in the workplace.

This guide covers everything to know about Hawaii background checks: what they report, how far back they go, how long they take, and how laws affect them.

What Is a Hawaii Background Check?

A Hawaii background check is a screening tool used by employers to study an applicant’s history and determine their suitability for the job. When conducted in compliance with applicable laws, these checks help employers verify a candidate’s identity and assess information relevant to the position.

Employers typically use these checks in the recruitment process to onboard qualified personnel. Background checks contain several searches that verify a candidate’s credentials and study their history. They underline the individual's qualifications and supply valuable insights beyond what is given on a job application.

Employers also conduct screenings within their organization, and they may be more extensive depending on the scope of the role. Managerial candidates typically undergo extensive screenings compared to entry-level candidates due to the added responsibility.

Employers also use extensive screenings to fill caring positions, such as EMS personnel, caregivers, and first responders. Employees in these positions work with vulnerable populations, such as children and the elderly. They must be thoroughly vetted to protect those groups.

Thorough background check programs uphold a safe and efficient workplace, supporting the company’s reputation and attracting top-level talent. Hawaii employers must include the relevant searches for given roles within their industry to recruit suitable personnel. Common search types include criminal and civil history reviews, employment and education checks, and identity verification.

What Does a Hawaii Background Check Include?

Hawaii background checks include information related to the search types conducted. Search types include criminal records checks, education verification, and pre-employment drug testing.

• Criminal Records Check: Criminal history checks identify a candidate’s pending criminal cases and convictions, including details such as the offense type, date, and severity. While this information may be considered during the hiring process, the presence of a criminal record does not automatically disqualify a candidate from employment.
• Civil Court Check: Civil court checks investigate a candidate’s involvement in lawsuits, foreclosures, restraining orders, and other civil matters. Employers commonly use these screenings when evaluating candidates for financial or managerial positions.
• Education Verification: Education verification confirms an individual’s academic history, including institution names, addresses, contact information, dates of attendance, and certificates earned. Employers use these checks to validate a candidate’s qualifications and ensure the accuracy of the information provided.
• Employment Verification: Employment verifications confirm a candidate’s prior work history, including employer names, addresses, contact information, dates of employment, and positions held. Employers use these checks to identify gaps in employment and detect omitted employers.
• Credit Checks: Credit checks review a candidate’s credit history, including payment patterns, accounts in collection, and bankruptcies. Employers use these search components to assess financial responsibility,  particularly for roles involving financial oversight.
• Identity Verification: Identity verification confirms that a candidate is who they claim to be by validating government-issued identification, such as a driver’s license or passport. This process includes comparing identity documents with data-based records or biometric checks against trusted databases to ensure the document is authentic and the individual presenting it is the rightful owner. Employers use identity verification to combat identity fraud, reduce risk, and maintain compliance with employee identification requirements.
• SSN Trace: The Social Security Trace (SSN Trace) verifies a candidate’s Social Security Number, legal name, aliases and past addresses. SSN traces rely on non-confidential credit header information collected when a social security number is used for credit purposes. This information helps guide county-level criminal record searches when included. It is not a credit check – no credit scores are used, and no inquiry is made on the candidate’s credit report.
• Professional License Verification: Professional license verification confirms a candidate’s licensure details, including issue date, license type, expiration date, and current status. Employers use this verification for roles requiring specific credentials to confirm the candidate is properly qualified and to help mitigate the risk of negligent hiring.
• Motor Vehicle Records Check: If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Hawaii Department of Motor Vehicles (DMV) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 3 years of driving history.
• Sex Offender Registry Check: This is another aspect of the background check process that may be limited to employers operating within licensed and regulated fields. While a candidate's sex offender registry status is a matter of public record, access to more detailed information is typically restricted to certain professions and specialized roles.
• Pre-Employment Drug Test: Pre-employment drug testing typically involves a 5-panel test that screens for amphetamines, cocaine, opiates, PCP, and THC in the applicant’s urine. These screenings help maintain a safe and productive workplace. While they detect recent drug use, they cannot determine a history of past substance abuse.
• Social Media Check: Social media checks provide a border perspective on an applicant’s behavior outside of the workplace. While these checks are not typically  part of standard background screening programs, employers may review social media activity to gain additional insight into a candidate’s character and conduct.

How Far Back Does a Hawaii Background Check Go?

The lookback period of a Hawaii background check depends on the type of search conducted and the information being reported.

Under the Fair Credit Reporting Act (FCRA), certain protected information - such as civil judgment and credit-related data - is generally limited to a seven-year reporting period for positions with an annual salary of less than $75,000.  Bankruptcies may be reported for up to ten years, while criminal convictions may be reported indefinitely.

Hawaii’s own “ban-the-box” law limits CRAs from reporting felony convictions after seven years and misdemeanor convictions after five years. Employment history, education records, and professional license verification are not subject to lookback restrictions. Expunged records cannot be reported.

How Long Does a Hawaii Background Check Take?

The time it takes for a Hawaii background check to yield results depends on the type of searches conducted and their extent. The screening process can be prolonged significantly if done manually. Digital records can be accessed quite quickly, but contacting past employers, sifting through court records, and verifying information can be very tedious.

Partnering with an experienced consumer reporting agency can streamline the process. ScoutLogic offers a comprehensive background check program that efficiently produces up-to-date information while maintaining compliance.

Criminal History Checks

The turnaround time for criminal history checks depends on the extent of the search and the jurisdictions involved. Searches at the federal level can produce results within a day, but many employers choose to conduct state and county-level searches for a more thorough view of an applicant’s criminal records. These additional searches can add several days to the process.

The process can be further delayed if multiple jurisdictions or international searches are involved. Record digitization and court efficiency also influence turnaround times.

Employment Verification

Employment verification can be completed anywhere from minutes to a few days. Records stored in The Work Number can be pulled almost instantly, but those not digitized have to be verified manually. This process can take one to three business days, depending on the past employers’ urgency to respond, the extent of the applicant’s work history, and whether international employment is involved.

Education Verification

Education verification can yield results within a few days. Records stored in the National Student Clearinghouse can be accessed within minutes, but documents not found online must be obtained directly from the applicant’s past institutions. Contacting past schools and confirming information can take a few days, depending on the registrar’s efficiency.

Motor Vehicle Records Checks

Motor vehicle records (MVR) checks can be completed in minutes if the records are digitized. If not, employers must submit an MVR check request through a government agency. Because this request is made via mail, the process can take weeks. Hawaii driver records are stored online and can be accessed through the online service Kalaiwa.

Drug Testing

Drug testing turnaround times vary based on the type of test administered and the laboratory’s processing efficiency. Rapid tests can yield results within a few hours, but more accurate tests require one to three business days. Positive tests require another round of testing for confirmation, further prolonging the process.

Hawaii Background Check Laws & Requirements

Employers must conduct background checks in accordance with federal, state, and local laws. While some employers are legally required to conduct screenings, others choose to do so to uphold a safe and efficient environment. Hawaii employers must be familiar with the relevant laws and regulations before implementing a background check program.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law enforced by the Federal Trade Commission (FTC) that limits the information reported by consumer reporting agencies (CRAs) for employment background checks.

Per the FCRA, protected information, such as arrests without convictions, civil lawsuits, liens, and accounts in collection, cannot be reported after seven years. Bankruptcies cannot be reported after ten years, while all other information regarding an applicant’s past has no reporting restrictions.

Hawaii employers working with a CRA to implement a screening program must adhere to FCRA guidelines. They must notify applicants of their intent to conduct a background check and receive written consent to do so. Employers must perform the adverse action steps and provide applicants with their FCRA rights before denying employment based on screening results.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law enforced by the Equal Employment Opportunity Commission (EEOC) that protects applicants from discrimination based on race, color, sex, religion, or national origin. The EEOC guides employers on navigating criminal records, advising them to evaluate each record individually and determine its relation to the job in question before denying employment.

Employer Inquiries Into Conviction Record

Hawaii Revised Statutes §378-2.5 prohibits employers from asking about or considering an applicant’s criminal record until after a conditional offer of employment has been made. Withdrawn offers based on convictions must reasonably link the record to the duties of the position in question.

Employers cannot consider felony convictions that are older than seven years or misdemeanor convictions that are older than five years, excluding the period of incarceration. Some employers are exempt from making a conditional offer before conducting a criminal record check and can consider convictions older than the lookback period.

Expungement Orders

Under Hawaii Revised Statutes §831-3.2, eligible individuals can petition for the attorney general to expunge arrest records for cases that did not result in a conviction. Employers cannot consider expunged criminal records or ask applicants if they’ve been granted any expungement.

Employer Inquiries Into Credit History

Hawaii Revised Statutes §378-2.7 prohibits employers from checking the applicant’s credit reports until after a conditional offer of employment has been made. Credit reports cannot be used in hiring decisions unless there is a direct relation between the report and the job duties.

Employer Inquiries Into Salary

Hawaii Revised Statutes §378-2.4 prohibits employers from asking about an applicant’s salary history or using their salary history to determine their salary or benefits. The employer, however, can ask about the applicant’s salary expectations.

Frequently Asked Questions

Does Hawaii do background checks?

Yes, Hawaii employers absolutely conduct background checks. These checks are subject to federal, state, and local laws. Federal laws include the FCRA and Title VII, while state laws involve employers' inquiries into an applicant’s salary, criminal record, and credit history.