Conducting Criminal Record Checks in Delaware
Employers in Delaware are permitted or required to conduct criminal record checks in accordance with these rules.
Criminal background check laws cover the following employment:
- child care facilities
- health facilities
- home health agencies
- nursing homes
- security guards
- private investigators
- ambulance attendants
- emergency medical technicians
Background Check Rules for Care Providers
An employer that operates a health care facility or child care facility may not hire a job applicant without requesting and receiving a Child Abuse Registry check and an Adult Abuse Registry check on that person. A signed statement must be obtained from a job applicant authorizing a full release of information provided by the Child Abuse Registry and the Adult Abuse Registry.
If circumstances warrant, a person may be hired conditionally after the employer requests a Child Abuse Registry check and Adult Abuse Registry check but before the results of the checks are received. Violators are subject to a civil penalty for each violation.
An employer that operates a nursing home or a home health agency or a management company or other entity that contracts to operate a nursing home or a home health agency may not hire an applicant without obtaining a report of the person's entire criminal history record from the State Bureau of Identification and a report from the Department of Health and Social Services regarding its review of a report of the person's entire federal criminal history.
A background check may be conducted on a current employee of a nursing home or temporary agency, a home health agency or a self-employed care giver when there is reasonable suspicion that the employee has been convicted of a disqualifying crime.