Haw. Code R. § 23-10-5 - Use of criminal history records results
(a)
Information obtained from criminal history record checks shall be used'
exclusively by the department or the department of human resources development
for the purpose of determining whether or not a person is suited for work as a
staff member. Use and release of information obtained from the FBI shall be
subject to federal laws and regulations. Use and release of information
obtained through the Hawaii criminal justice data center shall be subject to
such federal and state laws and regulations as may be now or hereafter
adopted.
(b) The department may
disclose information that an affected individual's criminal history record
check shows a "clean criminal history record." Federal law ( 28 U.S.C. 5534 )
otherwise prohibits the disclosure of criminal history information obtained
from the FBI. An FBI identification record and information contained therein,
however, may be disclosed to the affected individual when explaining decisions
or contemplated decisions resulting in refusal to hire or termination of
employment. Information from an FBI identification record may also be disclosed
to a union representative or designated representative (i.e., attorney,
excluded employee representative, etc.) with the consent of the affected
individual. The affected individual shall be informed of his or her right to
challenge the accuracy of the information contained in the FBI identification
record. The Department shall not terminate a staff member or reject a
prospective staff member until the individual has been afforded a reasonable
time to correct or complete the FBI identification record, or has declined to
do so.
(c) Criminal history
information obtained from sources other than the FBI may be categorized into
criminal convictions and arrest records. Criminal convictions are considered
public records. Arrest records are private and shall not be released by the
department except in the process of verifying the disposition of arrests, or as
otherwise required by law. Information regarding a person's arrest record for
offenses that may pose a risk to the health, safety, security, or well-being of
inmates under supervision and confinement, other staff, or the public at large
may be used as a basis to delay hiring decisions or for the suspension of
employment pending further inquiry and investigation. Arrest records shall not
be used as a basis to refuse to employ a prospective staff member or to
terminate a staff member.
(d) Any
disclosure of information pertaining to staff members or prospective staff
members shall be subject to applicable state and federal laws, rules and
regulations.
Notes
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