HAR §8-7-5. Use of criminal history records results

(a) Information obtained from criminal history record checks shall be used exclusively by the department for the purpose of determining whether or not a person is suitable for working in close proximity to children. Use and release of such information obtained from the FBI shall be subject to federal laws and regulations. (b) The department may disclose information that an affected individual's criminal nhistory record check shows a "clean criminal history record". Federal law (28 U.S.C. §534) 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, refusal to issue teaching certificate, termination of employment or revocation of teaching certificate. Information from an FBI identification record may also be disclosed to a union representative with the consent of the affected individual and may also be displayed, with the consent of the affected individual, at an administrative hearing to resolve issues concerning the record's content and use. If desired, the affected individual may also request the correction of FBI criminal history information by following FBI rules to correct the FBI identification record. (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 and may be disclosed to the general public. Arrest records are private and shall not be released by the department except in the process of verifying the disposition of the arrests, or as otherwise required by law. Information regarding a person's arrest records for offenses that may pose a risk to the health, safety or well-being of children may be used as the basis to delay hiring decisions or for the suspension of employment pending further inquiry and investigation. Arrest records shall not be used as the sole basis to refuse to employ a perspective employee or to terminate an employee. [Eff. APR 03, 1992] (Auth: HRS §§302A-1112, 846-43) (Imp: HRS §846-43)