Delaware Code Title 11 Sec. 8527 – Criminal history background checks; state and/or federal CHRI …
(a) Notwithstanding any other provision of the law to the contrary, any recipient agency seeking a criminal history background check for the purposes of employing or licensing any individual in this State pursuant to a statutory mandate or authorization shall submit to the Bureau, in the manner and form designated by the Superintendent of State Police, fingerprints and other necessary information in order to obtain the following:
(1) A report of the individual’s entire state criminal history record information from the Bureau or a statement from the Bureau that the State Bureau of Identification Central Repository contains no such information relating to that person (state CHRI report);
(2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation (federal CHRI report); and
(3) A report of an individual’s subsequent criminal history record information as part of ongoing monitoring and reporting through the Bureau, the FBI’s criminal history systems or the Rap Back System.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class F felony | up to 3 years |
Terms Used In Delaware Code Title 11 Sec. 8527
- Conviction: A judgement of guilt against a criminal defendant.
- Criminal history background check: means the acquisition of state or federal criminal history record information for an individual. See Delaware Code Title 11 Sec. 8502
- Criminal history record information: shall mean information collected by state or federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. See Delaware Code Title 11 Sec. 8502
- Rap Back System: shall mean a service maintained by the FBI to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction thus eliminating the need for repeated background checks on a person from the same applicant agency. See Delaware Code Title 11 Sec. 8502
- Recipient agency: means any government agency which is directed or authorized by law to conduct a criminal history background check for the purposes of employing or licensing any individual in this State. See Delaware Code Title 11 Sec. 8502
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Statute: A law passed by a legislature.
(b) Unless otherwise specified by statute, the recipient agency shall pay to the Bureau all fees associated with the acquisition of state and federal CHRI reports.
(c) All CHRI reports obtained pursuant this section shall be forwarded to the recipient agency for review associated with the employment and/or licensing of the individual for whom the CHRI reports are sought. For the purposes of this section the Bureau shall be the intermediary and the recipient agency shall be the screening point for the receipt of CHRI reports.
(d) All CHRI reports obtained pursuant to this section are confidential and may only be disclosed to the chief officer of the recipient agency, or his or her designee, or to the individual employed by the recipient agency who has been designated by statute to receive CHRI reports. If disclosed to a designee of the chief officer of the recipient agency, then prior to processing any state or federal CHRI reports, said designee shall receive training in confidentiality and shall sign an agreement to keep such information confidential. Notwithstanding the foregoing and unless otherwise specified by statute, any recipient agency to whom a CHRI report has been disclosed pursuant to this section shall review such CHRI report with the individual for whom it was sought upon the individual’s request.
(e) The State Bureau of Identification may release any subsequent CHRI reports to a recipient agency when properly requested. No federal CHRI report shall be disclosed to any private entity at any time except as expressly authorized by the Federal Bureau of Investigation.
(f) Information provided to the recipient agency pursuant this section by the individual for whom any CHRI report is being sought shall be accompanied by an oath or affirmation provided by the recipient agency and signed by the individual under penalty of perjury:
(1) Indicating that said information is true and complete to the best of the individual’s knowledge; and
(2) Acknowledging that knowingly and intentionally providing false, incomplete or inaccurate information is a felony.
(g) Any person for whom a CHRI report is being sought pursuant to this section who knowingly and intentionally provides a recipient agency or the Bureau with false, incomplete or inaccurate information shall be guilty of a class F felony and shall be punished according to Chapter 42 of this title. Conviction pursuant to this subsection shall not preclude prosecution for perjury in the second degree pursuant to Chapter 5 of this title.
(h) Fingerprints and other associated information/biometrics collected within this section will be retained for the purpose of continuous comparison to other fingerprints, associated information/biometrics, which are maintained by the Bureau and in the FBI’s Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories).
(i) This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing or licensing any individual in this State.
73 Del. Laws, c. 252, § ?6; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 348, § 1;