Sources:
Hawaii criminal background check law (aka Ban the Box legislation) is expansive:
- It is illegal for employers to ask job applicants if they have been convicted of a crime (HRS §378-2.5)
- Employers may not discriminate in hiring, firing, compensation, or other terms of employment based on an applicant or employee’s arrest or court record.
- Inquiries into criminal history can be made, but only after the applicant receives a conditional offer of employment
- Some employers can inquire into an individual's criminal history. This includes schools, certain government positions, armed security providers, and financial/insurance institutions
- Hawaii criminal history records are public information available through the Hawaii Criminal Justice Data Center
- Job offers may be withdrawn only if the conviction “bears a rational relationship to the duties and responsibilities of the position”. There is a high standard for proving “rational relationship”
Sources:
- https://elections.hawaii.gov/voters/i-am-a/voters-with-a-felony-conviction/
- https://acluhi.org/2012/09/27/voting-in-hawaii-with-a-criminal-conviction/
If you have a felony conviction, you may not vote while incarcerated. After you are released, you may vote. You may vote if you have a misdemeanor conviction. If you are incarcerated due to a misdemeanor conviction, you must use an absentee ballot.
Once you are released from incarceration you must register/re-register to vote. You may vote while on parole or probation. You don’t need any special documentation. If you do not have a photo or other identification, you will be asked your birthday and residence address to corroborate with the information in the poll book.
What does not qualify for expungement?
- Charges without final dispositions
- Person who was involuntarily hospitalized or had charges dismissed due to a physical or mental illness
- Charges with guilty dispositions except for: §291E-0064(e) – Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one §706-622.5 – Sentencing for first-time drug offender §706-622.8 – First-time drug offender prior to 2004 §706-622.9 – Sentencing for first-time property offender
- Charges with less than one (1) year from the dismissal of a deferred acceptance of guilty or no contest pleas
- Prostitution charges (712-1200) with less than four (4) years from dismissal of deferred acceptance of guilty or no contest pleas
- Other circumstances as listed in section 831-3.2, HRS:
- In the case of an arrest for a felony or misdemeanor where conviction has not been obtained because of bail forfeiture
- For a period of five years after arrest or citation in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture
- In the case of an arrest of any person for any offense where conviction has not been obtained because the person has rendered prosecution impossible by absenting oneself from the jurisdiction
- In the case of a person who was involuntarily hospitalized pursuant to section 706‑607, or who was acquitted or had charges dismissed pursuant to chapter 704 due to a physical or mental disease, disorder, or defect; and For a period of one year upon discharge of the defendant and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853 A court of law or an agency thereof which is preparing a presentence investigation for the court An agency of the federal or state government which is considering the subject person for a position immediately and directly affecting the national or state security; or A law enforcement agency acting within the scope of their duties.
Sources:
You may serve on a jury if you were convicted of a misdemeanor. You may not serve if you were convicted of a felony in any State or Federal Court
Source:
Felons can hold office after final discharge. Having a misdemeanor conviction is not a bar to holding these public offices.
The constitution allows for convicted felons to serve as a senator or representative but the House or Senate can vote to expel or may choose not to seat any person deemed not fit or unqualified to serve.