Effective September 15, 2020, Hawaii has amended how far back employers may consider criminal conviction information. The Hawaii legislature passed HI SB2193, which changes Hawaii’s long-standing ban the box law (in effect since 1998), in an effort to “reduce unnecessary employment discrimination.”
Prior to SB2193, employers could consider criminal conviction information for a period of 10 years. As of September 15th, employers may now only consider felony criminal convictions for a period of 7 years and misdemeanor convictions for a period of 5 years (excluding periods of incarceration for both felonies and misdemeanors).
SB2193 did not change any of the existing exceptions to the above restrictions. Employers should consult with qualified legal counsel to determine what changes, if any, may be needed to their hiring program if impacted by this amended law.
Prior to SB2193, employers could consider criminal conviction information for a period of 10 years. As of September 15th, employers may now only consider felony criminal convictions for a period of 7 years and misdemeanor convictions for a period of 5 years (excluding periods of incarceration for both felonies and misdemeanors).
SB2193 did not change any of the existing exceptions to the above restrictions. Employers should consult with qualified legal counsel to determine what changes, if any, may be needed to their hiring program if impacted by this amended law.