Hawaii background check laws
A practitioner-grade reference to Hawaii pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to HI.
The four levers at a glance
| Lookback period | 7 years felony / 5 years misdemeanor (HRS §378-2.5) |
| Ban-the-Box scope | Statewide — conditional offer |
| Salary history | Banned (Act 108) |
| Cannabis testing | Medical patient protections; recreational illegal |
Lookback period
Hawaii applies the country's shortest state-mandated conviction lookback: seven years for felonies and five years for misdemeanors from the date of sentence completion.
Ban-the-Box and Fair Chance rules
Employers may inquire into conviction history only after a conditional offer of employment.
Salary history
Employers may not ask about salary history or rely on it in setting compensation.
Cannabis & drug testing
Medical patients may not be discriminated against absent on-the-job impairment. Recreational use remains illegal.
Governing statutes & references
- HRS §378-2.5
- HRS §378-2.4 (Act 108)
- HRS §329 (medical)
SafestHires compliance note
Among the strictest state-imposed lookback regimes in the country.