Delaware Code Title 11 Sec. 8595 – Application process
(a) The applicant shall appear at the Bureau during regular hours of business, and shall inform the Bureau of the applicant’s desire to avail himself or herself of the procedure set forth in this section.
(1) The applicant shall produce identification documentation. Acceptable documentation shall include the following, with other documentation to be evaluated on a case-by-case basis:
a. A birth certificate;
b. A foreign passport;
c. A foreign driver’s license; or
d. School Identification that includes a photograph.
(2) The applicant will sign an affidavit attesting to his or her identity. The affidavit will inform the applicant that if any of the information provided is proven to be false the applicant could be prosecuted under § 907 of this title.
(3) The applicant shall be required to submit fingerprints and other necessary information in order for the Bureau to run a search of Delaware state criminal databases. This search shall include a review of the applicant’s Delaware criminal history record to determine if the applicant has an alias linked to fingerprints on file at the Bureau.
(4) If the review pursuant to paragraph (a)(3) of this section identifies a conflict between the name the applicant provided and an alias on file with the State, or the applicant has an outstanding warrant for criminal charges in Delaware, the applicant’s fingerprints and other necessary information will be sent by the Bureau to the Federal Bureau of Investigation for a national background check. This national background check shall be comprised of a report of the applicant’s entire federal criminal history record, pursuant to the Federal Bureau of Investigation appropriation of Title 42 of Public Law 92-544 (28 C.F.R. § 20.33 (a)(3)).The Bureau shall be the recipients of said federal criminal history records. All costs associated with obtaining the criminal history reports required by this paragraph shall be borne by the applicant. The applicant must resolve the conflict prior to becoming eligible to obtain a driving privilege card.
(5) Fees for the criminal history background check shall be paid by the applicant prior to the commencement of the background check.
Terms Used In Delaware Code Title 11 Sec. 8595
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- 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
(b) The Bureau shall maintain a record of all background checks under this section to the same extent as is required by law.
(c) The Bureau will make the result known to the Division of Motor Vehicles once the applicant has successfully completed the background check. The Bureau will coordinate with the Division of Motor Vehicles to develop a procedure to ensure the applicant who successful completes this subchapter’s procedures is the same individual who applies for a driving privilege card.
80 Del. Laws, c. 67, § ?4; 70 Del. Laws, c. 186, § ?1; 80 Del. Laws, c. 197, § 1;