Any successful employer must always have their eyes on the talent market to recruit new and qualified members for their team. However, in a fast-paced market, employers must be able to make decisions quickly and stay ahead of the curve.
Background checks serve as an excellent tool for employers to get that extra bit of information to make the right decision about their prospective hires.
In this article, we will focus on the use of background checks in the state of Hawaii. We cover details about the federal and state laws associated with background checks, the different types of examinations, as well as the hiring process in Hawaii, so stick around to learn more.
Background Checks in the State of Hawaii
Much like any other US state, background checks have been growing in popularity in Hawaii in the last few years. In addition to the public employers who are legally obligated to run background screenings on their prospective employees, many private employers in Hawaii decide to run background checks of their own accord.
This is hardly surprising considering the value of background checks. With their help, employers can gain valuable insights into the past of their applicants, learn if they have a criminal history, but also test their integrity. A standard pre-employment background check in Hawaii goes beyond criminal records and verifies the applicant’s identity, education level, employment history, and other significant details about the applicant’s past.
Naturally, if a candidate lies in their resume, a Hawaii background check is likely to fish out the false claims. As a result, Hawaii employers rely on screening services as a vital part of their hiring process, and in some cases, even continue doing them at regular intervals for the staff that’s already working for them.
Having said that, background checks are by no means a simple process as they are heavily regulated by federal and state laws employers must comply with when screening their applicants. In this article, we will have a closer look at the background checks being run in Hawaii and the laws that regulate them.
Hawaii Background Check Laws
One of the most important laws that regulate digging into the applicant’s past during recruitment processes is widely known as the Ban the Box law. It is a federal legislation that advocates equal hiring opportunities for ex-offenders and mandates the check box asking applicants about their criminal histories be removed from job application forms.
Hawaii was the first state in the country to fully implement the ban-the-box legislation statewide, all the way back in 1998. As things stand right now, employers in Hawaii are prohibited from denying an applicant a job opportunity based on their arrest and court records. Moreover, they can’t even make inquiries about these records.
They can inquire about their convictions by looking at the Hawaii criminal records, though only after they make a conditional employment offer to the candidate. Additionally, they need a ”rational relationship” between the responsibilities and duties of the job position in question and the conviction the candidate has been charged with. Finally, background screening can only look back for a limited number of years in the candidate’s past when examining their records.
Another important legislation that employers must consider before running a background check in Hawaii is the Fair Credit Reporting Act (FCRA). It mandates that employers get permission in writing from the candidates before they subject them to a background check.
Are Hawaii mugshots public record?
According to the Hawaii criminal background check law, all criminal records are public and available to members of the public. Unless there has been a lawful exemption, the records have been sealed or expunged, members of the public have access to:
- The names and aliases of known criminal offenders
- Their date of birth and age
- Their fingerprints
- Their physical descriptions and body markings
- Details about the offenses they committed
Does Hawaii have a sex offender registry?
In addition to keeping criminal records public, Hawaii sex offender laws mandate that all Hawaii residents convicted of sex crimes submit information to the Hawaii sex offender registry and keep them current. This information is available to members of the public, and by inquiring, they can learn about:
- The names and aliases of known sex offenders
- Their date of birth and age
- Their address
- Their fingerprints
- A recent photograph of the offenders
- Details about the sexual crimes they committed.
Can a felony be expunged in Hawaii?
Hawaii laws permit individuals with felony and misdemeanor arrests or charges that did not result in a conviction to petition for having their records expunged.
However, most convictions, bar first-time, drug-related offenses and DUIs, while under the age of 21 are generally not getting expunged.
Types of Hawaii Background Checks
Now let’s go into more detail about the different types of background checks in Hawaii, who conducts them, what information they provide, and how you can get one.
Criminal Background Check
In order to search someone’s Hawaii criminal records, concerned parties must conduct a criminal background check with the Hawaii Criminal Justice Data Center. This process is commonly known as “Police Clearance” or “Police Abstract” in the state of Hawaii.
This background check will report all of the adult arrest records which resulted in the conviction of the subject being examined. Non-conviction arrests or pending charges do not appear on criminal background checks in Hawaii.
There are two ways requirers can run a background check on someone in Hawaii, by name and with a fingerprint.
Hawaii Name-Base Criminal Background Check
Using someone’s name, there are three different ways to conduct a criminal background check using the data from the Hawaii Criminal Justice Data Center:
- Online using eCrim – eCrim is Hawaii’s Adult Criminal Information website which allows searching the HCJDC ‘s criminal history record files for a price of $5 per search and $10 per certified record result.
- In person at a public access location – Either at the HCJDC, or one of the five police department public access sites. The price is $25 per printout.
- By mail – The requestor can also mail their request form to the HCJDC mailing address for a price of $30. They can expect the results in three to five business days, or seven to ten business days, with a notary.
Hawaii Fingerprint Background Check
Not to be confused with the FBI background check, which reports on convictions on a national level, the Hawaii fingerprint background check only searches the statewide database.
Unlike name-based searches, fingerprint screenings in Hawaii can only be conducted with a scheduled appointment. There are two ways to obtain them:
- In the HCJDC office – The service fee for this option is $55, and has a turnaround time of three to five, or seven to ten business days, with a notary.
- By mail – Requestors can send the request form, with the set of fingerprints, by mail to the HCJDC mailing address as well. For this option the price is $35, and the results are usually sent out in three to five business days, or seven to ten business days, with a notary.
Hawaii FBI Background Check
If the concerned party wants to conduct a search on a national level and look for convictions outside of the state of Hawaii’s jurisdiction, they can opt for an FBI background search.
Requestors can only search the FBI database with a fingerprint, and searching by name is not an option. They can send the background check request form with the fingerprints either to the FBI’s mailing address or online on the FBI’s website.
The price for both options is $18, however, the online background check delivers results much quicker. According to the information on the FBI’s website, online requests get processed in three to five days, while mailed requests need between two and four weeks to be completed.
Hawaii Background Check With a Professional Provider
Employers in Hawaii also have the option to hire a professional background checking service provider to run their screening for them. It is the best way to ensure compliance with the many federal and state of Hawaii background check laws and screen prospective hires for any type of job position.
Whether they need a complete
- employment background check for healthcare employees
- a driving records check for positions that require operating a vehicle or
- even a simple pre-employment drug-screening
These third-party vendors can conduct reliable background checks for occupations with different levels of responsibility.
Hiring Process in the State of Hawaii
For jobs that involve working with vulnerable groups, like children, the elderly, and people with physical and mental disabilities in Hawaii, background checks are a mandatory procedure.
For example, according to Hawaii DOE background check laws, the Department of Education in Hawaii has the right to deny a job opportunity to applicants with criminal histories.
If the applicant has a conviction for a crime that involves violence, alcohol or drug abuse, a sex offense, or an offense involving children in their records, they may fail the Hawaii teacher background check.
Moreover, the Hawaii DOE also has the right to refuse to issue them a certificate, terminate their current employment, and even revoke their license if the above circumstances apply.
The Bottom Line
Employers and hiring managers have the responsibility of giving employment to the most suitable talent and ensuring the safety of the people they already employ. This is why background checks have become a vital part of any successful recruitment strategy.
By looking at more details of the applicants’ past, Hawaii employers can reduce the chances of negligent hiring and increase the chances of hiring the right people by making informed decisions.
FAQ
How do I get a background check in Hawaii?
Criminal background checks in Hawaii can be done with the Hawaii Criminal Justice Data Center by visiting their website online, in person, or by mail. Employment background checks that require details other than the criminal records of the subject, can be done with one of the many professional background check service providers online.
How much is a background check in Hawaii?
Hawaii Criminal Justice Data Center background checks cost between $25 and $55, depending on the method of searching (by name or by fingerprint) and the method of requesting (online, in person, by mail). Professional background checking services can cost anywhere between $20 and $150, depending on the inquiry and how much research is required.
Does Hawaii require background checks for guns?
The Hawaii firearm background check is mandatory for any Hawaii resident that wishes to acquire a handgun or long gun.
