HAR §23-10-5. 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. [Eff APR 1 5 2000 ] (Auth: HRS §353C-2) (Imp: HRS §353C-5) 10-7 2282