State of Hawaii amends Ban the Box Law

(Last Updated On: October 30, 2020)

Special Announcement to all State of Hawaii employers :

The State of Hawaii passed a law amending Section 2, Section 378-2.5, of the Hawaii Revises Statutes. This law will limit the reporting of criminal records and is effective on 09/15/2020.

The law changes the previous 10 year limitation on the use of criminal records. The new law states:

Employer may consider the employee’s conviction record falling within a period that shall not exceed the most recent five years for felony convictions and three years for misdemeanor convictions.

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

The complete text of the legislation can be found here:

Effective immediately, Justifacts will add this jurisdiction to our system and implement filtering for all clients and/or applicants located in Hawaii to limit the reporting of criminal records to meet the requirements of this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.