Is there a salary threshold for Hawaii's lookback limit?

No. Unlike California and other states that exempt high-salary positions from their lookback limits, Hawaii's 7-year felony and 5-year misdemeanor lookback limits apply to ALL positions regardless of salary. This makes Hawaii's protections especially strong and consistent across all job types.

When can a Hawaii employer ask about my criminal record?

Not until after making a conditional offer of employment. Hawaii was the first state in the nation to pass ban-the-box legislation (1998). All employers — public and private — must wait until after the conditional offer stage before inquiring about criminal history. If a criminal history question appears on a job application in Hawaii, that is a violation of state law.

Can a Hawaii employer consider my arrest record?

No. Hawaii law (HRS 378-2.5) makes it an unlawful discriminatory practice for employers to consider arrest records that did not result in a conviction. This applies regardless of when the arrest occurred. If you were arrested but never convicted, that arrest should not be used against you in hiring.

Does Hawaii have automatic record clearing (Clean Slate)?

Not yet. Hawaii does not currently have a Clean Slate law. However, a legislative task force is studying automatic record clearing and is expected to issue reports through 2027. For now, you can expunge arrest records that did not result in conviction under HRS 831-3.2. Conviction records generally require a pardon for removal.

Can I get my arrest record expunged in Hawaii?

Yes, if the arrest did not lead to a conviction. Under HRS 831-3.2, you can petition to have arrest records expunged if charges were dropped, dismissed, or you were acquitted. The expunged record is removed from state criminal history databases. Contact the Hawaii Criminal Justice Data Center to start the process.

What should I do if a Hawaii employer asks about my criminal history on the application?

If an employer asks about criminal history before making a conditional offer, they may be violating HRS 378-2.5. You can file a complaint with the Hawaii Civil Rights Commission. Document the application or interview process. Hawaii takes fair-chance hiring violations seriously — employers can face penalties for non-compliance.

Hawaii Background Check Laws

7-year lookback limitLast updated: 2026-04-01

Hawaii limits felony lookback to 7 years and misdemeanor lookback to 5 years, with no salary threshold exception. Arrests without conviction cannot be considered at all. Hawaii was the first state to pass ban-the-box (1998), covering all private employers — criminal history inquiries are delayed until after a conditional offer.

Overview

Hawaii is one of the most protective states in the country when it comes to background checks and fair-chance hiring. Under HRS 378-2.5, Hawaii imposes strict lookback limits: felony convictions can only be reported for 7 years, and misdemeanor convictions for 5 years. Unlike many other states with lookback limits, Hawaii does NOT have a salary threshold exception — these limits apply to all jobs regardless of pay. Additionally, arrests that did not result in a conviction are completely prohibited from consideration at any time. Hawaii was the very first state in the nation to adopt ban-the-box legislation, passing its fair-chance hiring law in 1998. This law covers ALL private employers, not just public agencies. Employers cannot inquire about criminal history until after making a conditional job offer, giving applicants a genuine opportunity to be evaluated on their qualifications first. While Hawaii does not yet have a Clean Slate automatic sealing law, a task force has been studying the issue and is expected to issue reports through 2027. There are numerous industry exemptions to the lookback rules — including schools, daycares, law enforcement, financial institutions, libraries, insurance companies, and state agencies — where more extensive background checks are permitted due to the sensitive nature of the work.

How Far Back Does a Background Check Go in Hawaii?

Record Type	Rule in Hawaii
Felony Convictions	7-year lookback limit from the date of conviction. Felony convictions older than 7 years cannot be reported by consumer reporting agencies or considered by employers.
Misdemeanor Convictions	5-year lookback limit from the date of conviction. Misdemeanor convictions older than 5 years cannot be reported or considered by employers.
All Convictions	Felony convictions: 7-year lookback limit. Misdemeanor convictions: 5-year lookback limit. These limits apply under HRS 378-2.5 and there is NO salary threshold exception — they apply to all positions regardless of compensation.
Arrests (No Conviction)	Arrests that did not lead to a conviction are PROHIBITED from being reported or considered regardless of when they occurred. Hawaii law (HRS 378-2.5) makes it an unlawful discriminatory practice for employers to inquire about or consider arrest records that did not result in conviction.
Pending Cases	Pending charges may be reported and considered since they represent ongoing legal proceedings. However, employers should note that pending charges are not convictions and Hawaii's strong fair-chance framework encourages focusing on actual convictions.

Ban the Box / Fair Chance

Yes — covers private employers

Hawaii was the FIRST state to pass ban-the-box legislation in 1998 (HRS 378-2.5). The law applies to ALL employers — both public and private — regardless of size. Employers cannot inquire about an applicant's criminal history until after making a conditional offer of employment. This gives every applicant a fair chance to be evaluated on their qualifications, experience, and skills before criminal history enters the picture.

Effective: 1998-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Hawaii does not currently have a Clean Slate law providing automatic record sealing or expungement. A legislative task force has been studying the feasibility of automatic record clearing, with reports due through 2027. Hawaii does allow expungement of arrest records that did not result in conviction (HRS 831-3.2). For conviction records, options are more limited and generally require a gubernatorial pardon.

What Employers Can Do in Hawaii

When can employers ask about criminal history?: Employers cannot ask about criminal history until AFTER making a conditional offer of employment. This applies to all employers in Hawaii — public and private, regardless of company size. Criminal history questions on initial job applications are prohibited.
What can they consider?: Employers may only consider conviction records within the lookback window (7 years for felonies, 5 years for misdemeanors). They cannot consider arrests without convictions at all. When evaluating convictions, employers should consider the relationship between the offense and the job duties, the seriousness of the offense, and rehabilitation evidence.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Hawaii

Hawaii Employment Practices — Criminal History (HRS 378-2.5)(1998)
The core fair-chance hiring law. Prohibits inquiry into criminal history before a conditional offer. Establishes 7-year felony and 5-year misdemeanor lookback limits. Bans consideration of non-conviction arrest records. First ban-the-box law in the nation.
Hawaii Fair Employment Practices (HRS 378-2)(1963)
Broad employment discrimination law that includes protections against discrimination based on arrest and court record, in addition to race, sex, age, disability, and other protected classes.
Hawaii Expungement of Arrest Records (HRS 831-3.2)(1975)
Allows expungement of arrest records when charges were dismissed, the person was acquitted, or the arrest did not lead to a conviction. Expunged records are removed from state databases.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Hawaii's state limits are stricter than the FCRA defaults, so Hawaii law controls for employment background checks in the state.

Frequently Asked Questions — Hawaii

How far back does a background check go in Hawaii?: Hawaii imposes strict lookback limits: felony convictions can only go back 7 years, and misdemeanor convictions only 5 years (HRS 378-2.5). There is no salary threshold exception — these limits apply to every job regardless of pay. Arrests that did not lead to conviction cannot be reported at all. These are some of the strongest limits in the country.
Is there a salary threshold for Hawaii's lookback limit?: No. Unlike California and other states that exempt high-salary positions from their lookback limits, Hawaii's 7-year felony and 5-year misdemeanor lookback limits apply to ALL positions regardless of salary. This makes Hawaii's protections especially strong and consistent across all job types.
When can a Hawaii employer ask about my criminal record?: Not until after making a conditional offer of employment. Hawaii was the first state in the nation to pass ban-the-box legislation (1998). All employers — public and private — must wait until after the conditional offer stage before inquiring about criminal history. If a criminal history question appears on a job application in Hawaii, that is a violation of state law.
Can a Hawaii employer consider my arrest record?: No. Hawaii law (HRS 378-2.5) makes it an unlawful discriminatory practice for employers to consider arrest records that did not result in a conviction. This applies regardless of when the arrest occurred. If you were arrested but never convicted, that arrest should not be used against you in hiring.
Are there any jobs exempt from Hawaii's background check limits?: Yes. Hawaii has numerous industry exemptions where more extensive background checks are permitted. These include: schools and daycares, law enforcement, financial institutions, libraries, insurance companies, and state agencies. These positions involve vulnerable populations or sensitive duties and may check beyond the standard lookback windows.
Does Hawaii have automatic record clearing (Clean Slate)?: Not yet. Hawaii does not currently have a Clean Slate law. However, a legislative task force is studying automatic record clearing and is expected to issue reports through 2027. For now, you can expunge arrest records that did not result in conviction under HRS 831-3.2. Conviction records generally require a pardon for removal.
Can I get my arrest record expunged in Hawaii?: Yes, if the arrest did not lead to a conviction. Under HRS 831-3.2, you can petition to have arrest records expunged if charges were dropped, dismissed, or you were acquitted. The expunged record is removed from state criminal history databases. Contact the Hawaii Criminal Justice Data Center to start the process.
What should I do if a Hawaii employer asks about my criminal history on the application?: If an employer asks about criminal history before making a conditional offer, they may be violating HRS 378-2.5. You can file a complaint with the Hawaii Civil Rights Commission. Document the application or interview process. Hawaii takes fair-chance hiring violations seriously — employers can face penalties for non-compliance.

Hawaii Resources

Hawaii Civil Rights Commission
The state agency that enforces fair employment practices, including ban-the-box and criminal history protections. File complaints about employer violations here.
Hawaii Criminal Justice Data Center
State agency that maintains criminal history records. Request your own Hawaii criminal history or inquire about arrest record expungement here.
Legal Aid Society of Hawaii
Provides free legal assistance to low-income individuals, including help with criminal record expungement and employment rights.
Hawaii Department of Labor and Industrial Relations
State labor department with information on employment rights, anti-discrimination protections, and resources for job seekers.
Hawaii Reentry Commission
State commission focused on reducing recidivism and supporting successful reentry for people returning from incarceration.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Hawaii for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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