Hawaii Background Check
Employers in Hawaii have to make quick hiring decisions to ensure that their business functions smoothly. Therefore, if you're looking to recruit employees, you should consider conducting pre-employment background checks.
The Hawaii background check is an essential part of the hiring process for your company. Background checks for employment in Hawaii can aid in ensuring workers' safety and reduce the risk of liability.
The information revealed by background checks is invaluable for companies in making better hiring choices. Therefore, background checks in Hawaii can help companies make better hiring decisions. In addition, a Hawaii background check can help you confirm the information provided by the applicant and verify whether or not they are a victim of any criminal convictions.
Based on our previous experience of performing a background check for companies across Hawaii, the Island of Hawaii, including Honolulu, East Honolulu, Pearl City, and more, and the islands Maui and Oahu, We've written this summary of background checks for reference to the procedure and the laws that govern it.
4 Important reasons employers are required to Hawaii conduct background checks
There are numerous reasons employers conduct background checks before hiring employees in Hawaii. Below are the four most frequently used ones.
- Routine Pre-Employment Exams for applicants at the entry-level
Many businesses in Hawaii have background screenings for pre-employment frequently when they hire for entry-level jobs. Background checks can help employers examine the claims that job applicants make and verify that employees they choose to employ do not have a criminal record.
- Comprehensive Pre-Employment Screens for Applicants for Supervisory positions
Supervisors and managers are entrusted with higher levels of responsibility and may have greater access to their employer's accounts and confidential information. This makes screening thorough of applicants for these kinds of jobs essential to ensure that companies employ reliable and skilled managers and supervisors.
- Background checks at regular intervals
Certain employees from Hawaii run background checks on their employees at regularly scheduled intervals.
Trucking companies must conduct driver's record audits on their truck drivers following an accident. This is required at minimum once every 12 months by FMCSA guidelines.
Employers in other sectors also regularly conduct background checks to identify any problems after hire.
- Background checks are required for candidates applying for positions that work with vulnerable people.
Services provided by companies to vulnerable clients, such as seniors, children, and people who have physical or mental disabilities, must complete thorough background checks on all applicants for positions of employment or volunteer.
Employers of these kinds must be sure that their clients are safe.
This is why the kinds of background checks performed by companies offered to vulnerable populations generally require more details than background checks conducted by other employers.
Hawaii Employer Background Check Laws 2022
Employers who run Hawaii background checks must adhere to the laws applicable to them. Many federal and state laws regulate the way background checks are conducted for employment and how employers in Hawaii can use the information they gather from the background checks.
Here is a brief overview of the state and federal laws that govern background checks are required for those seeking employment in Hawaii.
Federal Laws on Employment Background Checks
The Fair Credit Reporting Act (FCRA) is a crucial federal law enforced through the Federal Trade Commission. The law ensures the accuracy of the information, privacy, and fairness of information about consumers collected and reported to consumer report agencies (CRAs) and businesses that conduct background checks.
The FCRA also regulates how employers can use the information obtained from background checks and what they have to do before conducting screenings for employees.
Before employers can conduct background checks on potential applicants and employees, they need to inform them in writing of their intention to perform background screenings and get their written permission to conduct the checks.
Suppose an employer chooses not to employ an applicant due to information from a background check. In that case, it must first go through the adverse action procedure before deciding on whether or not to hire the applicant.
At The Koleman Group LLC, we conduct FCRA-compliant background checks on our clients. We will also assist you in being aware of your obligations during the procedure.
Title VII of the 1964 Civil Rights Act
Title VII of the Civil Rights Act of 1964 is the nation's most significant discrimination-free law in the federal government. The law is enforced through the U.S. Equal Employment Opportunity Commission (EEOC) and is a law that prohibits discrimination at work because of protected particulars of applicants and employees.
Title VII applies to employment background checks when screening reports show that an applicant has had a criminal conviction. The EEOC stipulates that employers must perform individualized evaluations of convictions based on how they relate directly to positions for which candidates are being considered before the denial of employment.
Hawaii State Laws on Employment Background Checks
Hawaii employers must also comply with the state's laws, as explained below.
Criminal Convictions must be able to relate to the Positions
Under Haw. Rev. Stat. SS378-2.5(a) Employers in Hawaii can inquire about criminal convictions and look into them when making employment decisions. However, the convictions must be in connection with the job duties that applicants are being considered.
Ban-the-Box Law for Private and Public Employers
Under Haw. Rev. Stat. SS378-2.5(b) Employers can ask about criminal convictions only after they have accepted an offer of employment conditional on conditions.
Review of Old Convictions
Under Haw. Rev. Stat. SS378-2.5(c) Employers cannot take into consideration felony convictions older than seven years old or misdemeanor convictions more than five years old. However, incarceration periods are not included in the lookback period.
The following kinds of employers may be able to consider previous convictions, but:
- State agencies
- Private and public schools
- Department of Health for direct contact for positions
- Companies with armed security guards
- Services for people with disabilities.
- Financial institutions and banks
- Security guards and detective services
- Insurance companies
- Airlines and aircraft companies
- Department of Human Services
- Public libraries
- Department of Public Safety
- CO-OP board members and managers
- HOAs of condominiums
Credit Reports Restricted
Under Haw. Rev. Stat. SS 378-2.7 Employers cannot examine the credit histories of prospective employees until they have issued an offer of employment conditional on. Therefore, credit reports are not used in hiring decisions unless there is a significant connection between the information and job obligations and qualifications.
The capability to obtain credit reports after a conditional offer of employment is restricted to employers authorized by state or federal laws to request credit records. Employers hire for managerial or supervisory posts where employees exercise discretionary judgment or banks that the federal government or financial institution insures.
Employers who have the authority to request credit reports upon accepting conditional job offers are only allowed to revoke the offer if the adverse credit history is directly related to the job's responsibilities.
Salary History Interdiction of Inquiries
Under Haw. Rev. Stat. SS 378-2.4 Employers in Hawaii can't inquire about an applicant's salary history or utilize salary history data to determine an applicant's salary or other benefits. Employers can inquire regarding their expectations for salary, however.
What is shown on a background check for employment in Hawaii?
What you could anticipate finding in the Hawaii background check in the employment process will be contingent on the reports you ask for. The majority of employers in Hawaii require criminal records, employment verification, education verification, and information regarding credentials or licenses.
A lot of employers test their employees' pre-employment drug levels for applicants. In addition, employers who hire employees to operate company vehicles frequently require driving reports.
Background screens for pre-employment could contain the following information:
- Criminal and misdemeanor convictions in the past 5 or 7 years, respectively.
- In the midst of criminal cases
- Arrests led to convictions within the last six or seven months for felonies and misdemeanors, respectively.
- Appearance on the registry of sex offenders
- History of address
- Employment and history
- History of education
- Participation in the Domestic Terrorist Watch List
Here, let's take you on an in-depth look at what you could find on some of the reports.
Criminal History Reports
If you ask for the Criminal background check for an applicant who has been convicted of a crime within the last six or seven years, The following information will show up on the background check: background check:
- Offense Type
- Offense date
- Infraction severity (felony or misdemeanor)
- Disposition date
You won't find any information on misdemeanor convictions that have been in place for more than five years or convictions for felony crimes older than seven years old.
Verification of education allows you to verify claims that your candidates have made about the schools they attended, as well as any diplomas, degrees, certificates, or diplomas they have earned.
The type of report you receive will give the address and name of each school the applicant attended, their dates of attendance, and any diplomas, degrees, or certificates awarded by the school.
Employment verification will provide the following information on the applicants' former employers:
Name of each former employer
Dates of employment
Titles and positions held by every company
How long will a DUI remain on your background In Hawaii?
Although some view DUIs as traffic violations, they are also considered criminal charges. If you have at least one or even two DUIs within ten years are likely to be convicted of misdemeanors.
Three DUIs in the last ten years are likely to have the habit of committing felony DUI convictions.
While DUI convictions are forever on a person's criminal record, employers in Hawaii can only consider misdemeanor DUI convictions within the last five years or criminal DUI convictions that took place in the last seven years, but not including instances of incarceration.
What is the background check mandatory in Hawaii to work in the field with Children?
School and childcare facilities that are licensed are required to complete thorough background checks on individuals working with children and other adults living in homes where in-home daycare is offered.
These background checks must contain these:
- FBI fingerprinting of the national search of criminal records
- Child Registry searches for abuse and neglect
- Searches in the registry of registries for sexual offender
- Continuous, annual criminal history and checks for abuse/neglect for employees
Employers who employ people working with children should look at conviction records that are older than 5 or 7 years for misdemeanors and convictions for felony crimes to ensure the safety of children.
How can I get a background check in Hawaii?
Employers who are based in Hawaii can request criminal reports at the Hawaii Criminal Justice Center. In addition, criminal background checks are available on the internet or via mail.
Conducting a criminal background check through the state is not a reliable way to find out regarding the applicant's previous employment and education. It is also possible that you won't receive criminal history records for convictions in different areas.
Some employers try to do their background checks by submitting requests to several agencies, schools, and past employers. But, this kind of procedure may not provide precise and complete information. This could take several weeks.
The best option is to work with an experienced background check provider like The Koleman Group LLC. We offer comprehensive, up-to-date, and FCRA-compliant background checks for our clients in Hawaii.
How far do background checks go in Hawaii?
The length of time that background checks are allowed in Hawaii is determined by the FCRA and the state laws of Hawaii.
The FCRA includes a seven-year lookback option for jobs that pay less than $75,000. following details:
- Arrests that didn't result in convictions
- Civil lawsuits
- Civil judgments
Jobs that pay more than $75,000 are not subject to the FCRA's seven-year lookback period.
Under Hawaii's law, which is older than five years, felonies more than seven years old cannot be considered employment-related and are not reported.
These restrictions do not apply to the previous employer or education, qualifications, or license. This kind of information can be reported regardless of the applicant's age.
How much does it cost to conduct a background check in Hawaii?
If you request an investigation into your criminal history from the Hawaii Criminal Justice Data Center and you are required to pay $30 for each report. But, this kind of report is not exhaustive and will not contain information regarding your applicant's educational background and employment, and other pertinent factors.
You may come across an online seller offering the possibility of a complimentary Hawaii background check. However, don't be relying on the information offered by these kinds of sellers. The information you get could be outdated and incorrect, and relying on it could risk you being liable.
The best option is working with a trusted third-party vendor like The Koleman Group LLC. We have access to many sources and employ advanced research methods to deliver current, accurate, and legally-compliant background checks to our customers.
You can select the kinds of information you require, and you don't need to pay for unnecessary background checks. If you need at least 50 background check reports annually, you'll be able to get a huge discount on the volume. Call us now for free, no-obligation quotes.
What is the turnaround time for a background check in Hawaii?
The time required to get the background check report to be completed will be contingent upon the procedure you decide to use. If you attempt to do the task yourself, it could take some time.
If you're a part of The Koleman Group LLC, you will get reports on your background check reports quickly. Our sophisticated research techniques and vast resources permit us to complete background checks in as short as a couple of hours.
The Koleman Group LLC Your trusted partner for Fast and Accurate, Compliant Hawaii Background Checks
It is important to consider background checks before hiring as an essential part of the hiring process as an employer. Conducting background checks will help ensure your client's and employees' security while also reducing the risks of liability.
We are The Koleman Group LLC, and we can quickly provide accurate, up-to-date, and FCRA-compliant background check results to our customers in Hawaii.
Get in touch with us right now. Contact us today to find out the details about background check reports and to request a no-cost quote.
Disclaimer: The materials provided in this article are meant to be educational only and do not provide legal advice. Contact your attorney for legal concerns concerning your particular practice and compliance with the applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman