Delaware Code § 11-8527

Criminal history background checks; state and/or federal CHRI reports; receipt by government
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agencies; procedures.
(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.
(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 the chief officer's 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.

Missing Persons

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