Criminal history record checks
HRS §353C-5
in effect353C-5. Criminal history record checks
(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, which shall include criminal history record checks.
(b) For purposes of this section:
"Prospective staff member" means any
applicant for a job in the department that involves the exercise of police
powers conferred by the director, including the power to arrest.
"Staff member" means any employee of
the department who possesses police powers conferred by the director, including
the power of arrest.
(c) The department shall obtain criminal
history record information through the Hawaii criminal justice data center in
accordance with section 846-2.7, on all staff members and prospective staff
members of the department of law enforcement. Prospective staff members shall
be fingerprinted and the criminal history record check shall be completed
before beginning employment.
(d) The department may deny employment to a
prospective staff member who was convicted of a crime other than a minor
traffic violation involving a fine of $50 or less and if the department finds
from the prospective staff member's criminal history record that the
prospective staff member poses a risk to the health, safety, security, or
well-being of inmates under supervision and confinement, other staff, or the
public at large.
(e) Staff members shall not be subject to
termination based on findings in their criminal records except for those whose
conviction of a crime occurred after May 8, 1989, or under circumstances in
which a staff member is a fugitive from justice. Staff members shall be
subject to termination for crimes other than a minor traffic violation
involving a fine of $50 or less, where because of the staff member's conviction
record, the staff member poses a risk to the health, safety, security, or
well-being of inmates under supervision and confinement, other staff, or the
public at large.
[L 1992, c 65, §1; am L 1997, c 6, §1; am L 2003, c 95, §11;
am L 2022, c 278, §14]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0353C/HRS_0353C-0005.htmFetched: 11/10/2026