State fair employment practices law prohibits public and private employers from asking about criminal history until a conditional offer has been made. The conditional offer may be withdrawn only if a felony conviction within last seven years (excluding any period of incarceration) or a misdemeanor conviction within the last five years has a “rational relationship” to the duties required by the position. Non-conviction records may not be the basis of an adverse decision.
Hawaii allows disqualification from occupational licensure if the crime was committed within 10 years and is “rationally related” to occupation. If older than 10 years, may disqualify only if it “directly relates” to the occupation, after an investigation to determine whether the person is sufficiently rehabilitated, and an opportunity to meet and rebut.
