There is one question that determines whether you get hired. Not the application. Not the background check. Not what the charge was or how long you were inside.
The question is this: why you, over the thirty other people I could hire who don't have a criminal record?
If you walk in without a ready answer, you will not get the job. The interviewer can see the pause the moment you don't have something prepared, and once they see it, the room shifts against you. What you need is an answer practiced enough to say with confidence and humility at the same time.
The answer that works is this:
Everybody deserves a second chance. Somebody is going to give me one. And they are going to get the best employee they ever had, because I am never, ever going to do something that sends me back to prison.
Say it clean. Say it without flinching. It makes no excuses, asks for no sympathy, and tells the employer the one thing they actually need to know: you have more reason to perform than anyone else in that stack.
Then live it. The light is on you from the first day. Use it. Work twice as hard as the person next to you. Show up earlier, stay later, and make that scrutiny your shining light, not a shadow. The person standing next to you does not have anyone watching them that closely. You do. That is the advantage if you decide to use it.
What the Law in Hawaii Says About Your Record
Hawaii started this. In 1998, Hawaii became the first state in the country to ban the box, sparking a movement that has now spread to more than 35 states and 150 cities and counties. What Hawaii built here matters and it is worth understanding in detail.
Hawaii Revised Statutes Section 378-2.5 prohibits employers from asking about or considering a prospective employee's conviction record until after a conditional offer of employment has been made. This applies to most public and private employers in the state. Once a conditional offer is extended, the employer may only consider a conviction if it bears a rational relationship to the duties and responsibilities of the specific position. The employer cannot simply note the conviction and withdraw the offer. The conviction must actually connect to the job.
Hawaii also sets strict lookback limits. Felony convictions more than seven years old cannot be considered. Misdemeanor convictions more than five years old cannot be considered. Periods of incarceration are excluded from the lookback calculation, so the clock starts from when you were released, not when the conviction occurred. Older convictions, beyond those windows, are off the table.
Arrest records and non-convictions are also protected. Under HRS Section 378-2, arrest and court record is a protected class under Hawaii's anti-discrimination law. Employers cannot discriminate based on arrest history that did not result in conviction, and cannot use non-conviction records in employment decisions. This is broader protection than most states provide.
Hawaii's anti-discrimination law applies to employers with as few as one employee, giving it the broadest coverage threshold of any state.
What does not exist in Hawaii: a broad clean slate law for automatic conviction sealing. Hawaii allows expungement of certain arrest records that did not result in conviction under HRS Section 831-3.2, but conviction records generally remain on file. If your record qualifies for expungement, contact the Legal Aid Society of Hawaii or a reentry legal organization.
Hawaii's geographic reality also shapes your search. The state's labor market is concentrated on Oahu but exists across all islands. Hawaii has chronic labor shortages in construction, hospitality, agriculture, and healthcare support, which creates openings that a mainland urban market would not offer. Employers who need workers cannot always afford to be as selective as their policies might suggest.
Building the Answer Before You Need It
Hawaii law gives you strong protection at the application and offer stages. But the rational-relationship conversation still happens, and your answer in that moment determines what comes next.
Start with what you did with your time inside. Hawaii's Department of Public Safety reentry office and facility programming provide pre-release preparation. If you completed vocational training, work assignments, education programs, or earned credentials, that is content, not a gap.
Then match it to the job. Hawaii's tourism and hospitality industry needs reliability, composure with people, and someone who will not create an incident. Construction needs physical endurance and the ability to follow direction. Agriculture needs consistency. Healthcare support needs someone who shows up. Whatever you are applying for, connect your time and your experience directly to what that employer needs.
Practice the answer out loud. To another person, until the hesitation is gone entirely. The pause is what loses the room even in Hawaii. Eliminate it before you sit down.
Companies in Hawaii That Hire People with Criminal Records
Hawaii's employer market is smaller than most states, concentrated on Oahu with significant activity on Maui, Hawaii Island, and Kauai. The tourism and hospitality economy dominates, with construction, military contracting, healthcare, and agriculture as major secondary sectors.
Marriott, Hilton, Hyatt, and other major hotel chains with Hawaii properties have corporate fair chance commitments at the national level. McDonald's, Subway, and other food service operators hire returning citizens on the islands. Supermarkets including Foodland, Times Supermarkets, and Safeway Hawaii evaluate applicants individually. Healthcare support roles across Hawaii Pacific Health, The Queen's Health Systems, and Maui Health are accessible entry points. Construction contractors across Oahu and the neighbor islands have consistent demand, with labor shortages in the trades making employers more flexible.
Going Home Hawaii coordinates employer recognition events specifically honoring businesses that hire returning citizens. The American Job Centers on each island can connect returning citizens with employer networks.
Staffing agencies in Honolulu and on the neighbor islands are the most reliable first step, providing access to hospitality, construction, and general labor roles with more flexibility than direct hire.
For the full national list of companies with public fair chance commitments, see the InmateAid Fair Chance Employer Reference List.
The Tax Credit Employers Get for Hiring You
Here is the closing argument for every conversation with an employer on the fence.
There is a federal program called the Work Opportunity Tax Credit, or WOTC. When an employer hires someone from a qualifying group, including individuals recently released from prison, the employer may receive a significant federal tax credit per qualifying hire. That is not charity. It is a business incentive the federal government created specifically to make hiring returning citizens financially advantageous.
You are not asking anyone to take a risk on you. You are telling them your hire comes with a tax benefit attached that none of the other thirty applicants can offer. Say it at the end of the interview, after you have made your case: I qualify for the Work Opportunity Tax Credit. Hiring me may put money back in your business. And I will give you the best work you have ever gotten from a new hire, because I have too much to lose to give you anything less.
Hawaii's American Job Centers coordinate WOTC certification for employers through the state workforce system.
Where to Get Help in Hawaii
American Job Centers Hawaii operate on four islands. The Oahu branch is at the Dole Cannery Complex, 680 Iwilei Road, Suite 700, Honolulu, phone 808-768-5701. Hawaii Island (Big Island) is in Hilo at 88 Kanoelehua Avenue, Suite A-204, phone 808-935-6527. Maui is in Kahului at 110 Ala'ihi Street, Suite 209, phone 808-270-5777. Kauai is in Lihue at 4444 Rice Street, Suite 302, phone 808-274-3056. Each center provides job search assistance, resume help, training referrals, and WOTC coordination.
The Hawaii Department of Public Safety Reentry Office connects individuals to transitional housing, case management, and employment support prior to release. Ask your facility case manager about pre-release employment preparation.
Going Home Hawaii, funded through the Bureau of Justice Assistance Second Chance Act, operates In-Reach and Reintegration programs on Hawaii Island (east and west) providing comprehensive reentry services including career pathways and employment support. Going Home Hawaii coordinates an Annual Employer Recognition Luncheon honoring businesses that support second-chance employment. Going Home Hawaii recognizes the overrepresentation of Native Hawaiians in the justice system and provides culturally grounded support. Contact through goinghomehawaii.org.
The Going Home Consortium in Hawaii County features collaboration between the State Judiciary, American Job Centers, and service providers to facilitate transition from incarceration to civilian life.
WorkHawaii operates the American Job Center on Oahu in partnership with the City and County of Honolulu.
HOPE Services Hawaii and Catholic Charities Hawaii provide housing stabilization, employment pathways, and basic-needs assistance for returning citizens.
The Legal Aid Society of Hawaii provides record-clearing guidance and reentry legal support. Contact through legalaidhawaii.org.
The Federal Bonding Program, available through Hawaii American Job Centers, provides free fidelity bonding to employers who hire returning citizens. Ask your job center counselor to connect a prospective employer with this program.
Frequently asked questions
Can employers in Hawaii ask about my criminal record?
Under Hawaii's ban the box law (HRS Section 378-2.5), employers cannot ask about or consider a conviction record until after a conditional offer of employment has been made. This applies to most public and private employers. Once the offer is made, the employer can only consider a conviction if it bears a rational relationship to the specific job's duties and responsibilities. Felony convictions older than seven years and misdemeanor convictions older than five years cannot be considered at all. Arrest records and non-convictions are protected under HRS Section 378-2, which makes arrest and court record a protected class under Hawaii's anti-discrimination law.
What is Hawaii's ban the box law?
Hawaii Revised Statutes Section 378-2.5, originally enacted in 1998 as the first such law in the country and updated most recently in 2020. It prohibits employers from asking about conviction records until after a conditional offer of employment. It then limits which convictions can be considered: only those bearing a rational relationship to the job's duties, and only within the lookback period of seven years for felonies and five years for misdemeanors (excluding periods of incarceration). Arrest records and non-convictions are separately protected as a covered class under Hawaii's anti-discrimination law.
What jobs can I not get with a felony in Hawaii?
Certain positions have specific background check mandates under state or federal law, including law enforcement, childcare, healthcare positions with direct patient contact, education, and some state agency roles. These are exempt from the conditional offer timing requirement. For most private sector employment, Hawaii's law means a conviction can only be used against you if it rationally connects to the specific job, and only if it falls within the lookback window. Research specific licensing board requirements before investing in training for any credentialed profession.
How do I explain my record in a job interview?
In Hawaii the question comes after the conditional offer, and can only be raised if the employer believes the conviction connects to the job. Do not pause. Come in with the answer ready: everybody deserves a second chance, somebody is going to give you one, and they are going to get the best employee they ever had because you are never going back. Connect your time inside to what this employer needs specifically. Then close by mentioning that your hire qualifies for the Work Opportunity Tax Credit. End strong.
What is the Work Opportunity Tax Credit?
The Work Opportunity Tax Credit, or WOTC, is a federal tax credit available to employers who hire workers from qualifying groups, including people recently released from prison. The credit can be significant per qualifying hire based on wages and hours worked in the first year. It is administered through the IRS and the Department of Labor. Hawaii's American Job Centers process the certification. It is a real financial incentive, and you should mention it at the end of every interview.
Do employers get a tax credit for hiring ex-felons?
Yes. Under the Work Opportunity Tax Credit, employers who hire qualifying returning citizens may receive a meaningful federal tax credit. Bring this up at the end of your interview as a closing argument. Your hire comes with a tax benefit the other applicants cannot offer. Ask your American Job Center Hawaii counselor for documentation you can share with a prospective employer so they can apply for the credit.
What Hawaii programs help people with records find work?
American Job Centers on four islands offer job search help, training referrals, and WOTC coordination. The Hawaii Department of Public Safety Reentry Office provides pre-release employment preparation. Going Home Hawaii (BJA Second Chance Act funded) provides in-reach reintegration and career pathways support on Hawaii Island. The Going Home Consortium in Hawaii County coordinates state judiciary, job center, and service provider collaboration. HOPE Services Hawaii and Catholic Charities Hawaii provide housing and employment pathways. The Legal Aid Society of Hawaii assists with record clearing. The Federal Bonding Program is available through American Job Centers.
Can I get a license with a felony in Hawaii?
It depends on the license and the offense. Hawaii's ban the box law has exceptions for positions where federal or state law mandates earlier background checks, including certain healthcare, childcare, and education roles. For most licensed trades and professions, Hawaii's rational-relationship requirement and lookback limits apply, meaning older convictions and convictions unrelated to the profession may not be usable. Research the specific licensing board before investing in training. The Legal Aid Society of Hawaii can provide guidance on licensing barriers.
What companies in Hawaii hire people with felonies?
Major hotel chains including Marriott, Hilton, and Hyatt have Hawaii properties and corporate fair chance commitments. Food service operators, supermarkets including Foodland and Times, healthcare support roles across major Hawaii health systems, and construction contractors across the islands are the most accessible sectors. Going Home Hawaii's employer recognition events connect returning citizens with businesses that have publicly committed to second-chance hiring. American Job Centers on each island can provide employer referrals. Staffing agencies in Honolulu and on the neighbor islands are the most accessible first step. For the full national list, see the InmateAid Fair Chance Employer Reference List.
How do I get hired if I have a long gap in my work history?
Name what you did inside and present it as work with context. Hawaii's law means your record cannot even come up until after you have received a job offer, which gives you more runway than most states to establish your qualifications first. Pre-release programming, vocational training, work assignments, and certifications are content, not blank time. Going Home Hawaii and American Job Centers can connect you with employers accustomed to working with returning citizens. Hawaii's chronic labor shortages in hospitality, construction, and agriculture make employers more willing to look at what you bring rather than what you carry. ---