How to Conduct a Criminal Background Check in Delaware

What You Need to Know About Criminal Background Checks in Delaware

Criminal background checks in Delaware are essential tools used to evaluate a person’s criminal history. Whether for employment, housing, or licensing purposes, these checks offer valuable insights that can influence critical decisions. In this section, we’ll explain the purpose and importance of criminal background checks in Delaware, covering the types of records included, their uses, and who typically requires them.

What is a Criminal Background Check in Delaware?

A criminal background check in Delaware is a process used to identify an individual’s criminal history by accessing records maintained by state law enforcement agencies. These records may include:

• Arrests: Information about any arrests an individual has faced, including the charges and dates.
• Convictions: Details of criminal convictions, including felonies and misdemeanors.
• Pending Charges: Information about any ongoing investigations or unresolved criminal cases.
• Sex Offender Registration: Whether the individual is listed on the state’s sex offender registry.

Why Are Criminal Background Checks Important in Delaware?

Criminal background checks are vital in Delaware for several reasons, especially when public safety and informed decision-making are at stake.

Key Reasons for Background Checks:

1. Public Safety and Security: These checks help employers, landlords, and institutions ensure that the people they hire, rent to, or work with do not pose a risk to safety. For example, employers in sensitive industries, such as healthcare, finance, or childcare, must perform background checks to protect vulnerable populations.
2. Employment: Employers in Delaware use criminal background checks to assess whether a job candidate’s criminal history is relevant to the role being offered. The checks help companies make informed hiring decisions, especially for positions that require trust or handling sensitive information.
3. Housing: Landlords and property management companies often conduct background checks to verify that potential tenants do not have a history of criminal activity that could endanger the safety or peace of other residents.
4. Licensing and Certification: For certain professions, Delaware requires individuals to submit to criminal background checks to obtain licenses. This is common in fields such as healthcare, law enforcement, and childcare.

Who Needs a Criminal Background Check in Delaware?

In Delaware, criminal background checks are requested by various entities to safeguard public welfare and ensure that individuals meet legal and safety standards. Here are some common entities that request background checks:

• Employers: Particularly for industries involving financial responsibilities, healthcare, education, or childcare.
• Landlords: To evaluate potential tenants and ensure they do not pose a risk to other residents.
• Schools and Educational Institutions: To verify the suitability of candidates for roles working with students.
• Professional Licensing Agencies: For occupations that require licensing, such as healthcare providers, attorneys, and financial advisors.
• Government and Public Agencies: Individuals seeking public office or government employment may be subject to background checks.

How to Obtain a Criminal Background Check in Delaware

Obtaining a criminal background check in Delaware is a relatively straightforward process that can be done online, in person, or by mail. This section will walk you through the various methods available for requesting a background check, the documentation you’ll need, and the costs involved.

How to Request a Criminal Background Check in Delaware

There are three main ways to obtain a criminal background check in Delaware: online requests, in-person requests, and mail-in requests. Here’s a breakdown of each method:

1. Online Requests through the Delaware State Police:

The Delaware State Police provides an online portal for individuals and organizations to request criminal background checks. This is one of the most convenient methods, allowing you to get results quickly.

Steps:

1. Visit the Delaware State Police Website: Go to the Delaware State Police website and navigate to the Criminal Background Check section.
2. Fill Out the Request Form: Enter required details such as your full name, date of birth, and other personal information.
3. Submit Payment: Pay the applicable fees online through secure payment systems.
4. Receive Results: Depending on the request, you’ll typically receive the results either instantly or within a few days.

2. In-Person Requests at Delaware State Police Headquarters:

For those who prefer to submit requests in person, you can visit the Delaware State Police Headquarters in Dover. Here, you will need to provide the necessary documentation and pay the required fees.

Steps:

1. Visit the Headquarters: Go to the Delaware State Police Headquarters located at 1441 N. DuPont Hwy, Dover, DE.
2. Provide Documentation: Bring a government-issued ID (e.g., driver’s license or passport) to verify your identity.
3. Pay the Fee: Submit the payment (usually by check or money order) for the background check.
4. Receive Results: Results can typically be obtained on the same day or within a few business days.

3. Mail-In Requests:

If you prefer or require mail requests, Delaware allows individuals to submit a criminal background check request by mail. This process is a bit slower, but it’s an option for those who cannot use online systems or visit in person.

Steps:

1. Download the Request Form: Visit the Delaware State Police website to download the required background check request form.
2. Provide Necessary Information: Include your full name, date of birth, and fingerprint card (if required).
3. Mail the Form: Mail the completed form and payment to the address provided on the website.
4. Wait for Results: Processing typically takes 5-7 business days, but expedited options may be available.

Required Documentation for Criminal Background Checks

When requesting a criminal background check in Delaware, you will need to provide certain documents to complete the request. These include:

• Full Name: Including any aliases or maiden names.
• Date of Birth: To help confirm identity.
• Address Information: Both current and any previous addresses, if applicable.
• Fingerprint Cards: For more thorough background checks, such as for those in sensitive employment roles (e.g., healthcare, education).
• Valid Identification: A government-issued ID (e.g., driver’s license or passport).

Costs and Processing Times

The fees for criminal background checks in Delaware vary depending on the method of request:

• Online Request: Typically costs around $30-$40.
• In-Person Request: Costs are similar to the online request, but additional service fees may apply.
• Mail Request: Costs typically range from $30-$50, depending on the method of submission.

Processing Times:

• Online: Results are typically available immediately or within a few business days.
• In-Person: Immediate results in some cases, or within a few days.
• Mail: Processing time is usually 5-7 business days, but expedited options are available for an additional fee.

ExactBackgroundChecks Services

For those looking to streamline the process of obtaining criminal background checks, ExactBackgroundChecks provides a fast and reliable service. This platform allows users to access instant background checks and receive accurate reports in a timely manner. It offers:

• Instant Online Access to criminal records.
• Comprehensive Reports covering arrests, convictions, and other critical information.
• User-Friendly Platform that simplifies the process for both individuals and employers.

Criminal background checks in Delaware are regulated by both state and federal laws. It is crucial for both employers and individuals to understand the legal framework surrounding these checks to ensure compliance. In this section, we’ll explore legal considerations, answer frequently asked questions, and provide key takeaways.

Legal Aspects of Criminal Background Checks in Delaware

Fair Credit Reporting Act (FCRA) Compliance

The Fair Credit Reporting Act (FCRA) regulates how criminal background information is gathered, used, and shared. Employers must obtain written consent from the applicant before running a background check. They must also notify the applicant if they decide to take adverse action (e.g., not hiring) based on the background check.

Ban the Box Laws in Delaware

Delaware’s Ban the Box law limits when employers can ask about an applicant’s criminal history. Employers are prohibited from inquiring about criminal convictions until after an initial interview or conditional offer of employment has been made. This gives applicants with criminal records a fair chance at employment opportunities.

Expungement Laws in Delaware

Delaware allows individuals to expunge or seal certain criminal records under specific conditions. Expungement removes criminal convictions from public records, making them inaccessible to employers, landlords, and the general public. Those eligible for expungement can petition the courts for this process.

Limitations on Use of Criminal Background Information

Delaware has restrictions on how criminal background information can be used for employment and housing decisions. Employers and landlords cannot automatically reject applicants solely based on a criminal record, especially if the crime is irrelevant to the job or housing in question.

Frequently Asked Questions (FAQs)

How far back does a criminal background check go in Delaware?

Criminal background checks in Delaware typically report up to 7 years of criminal history. However, serious crimes, like felonies, may be reported indefinitely.

Can I check my own criminal record in Delaware?

Yes, you can request your own criminal background check through the Delaware State Police or the Delaware Department of Justice.

What is included in a criminal background check in Delaware?

A background check includes details of arrests, convictions, pending charges, and sex offender status.

Can an employer deny me employment based on my criminal record in Delaware?

Employers can deny employment based on a criminal record, but they must comply with Ban the Box laws, considering the relevance of the conviction to the job position.

How can I dispute incorrect information on my criminal record in Delaware?

To dispute an inaccurate criminal record, you can file a request with the Delaware State Police or the Delaware Department of Justice to correct the information.

Conclusion

Criminal background checks are essential in Delaware for ensuring safety and making informed decisions in employment, housing, and licensing. Understanding the legal landscape, processing options, and requirements can help you navigate the process efficiently. Services like ExactBackgroundChecks.com offer a convenient and reliable way to access accurate criminal history reports quickly. Whether you’re an employer, tenant, or individual seeking your own record, knowing the steps involved can help you make the best decisions while ensuring compliance with state and federal laws.