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Conducting Criminal Record Checks in Delaware

Filed under Office & HR.

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
  • paramedics

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.

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