Criminal history records [Effective Mar. 2, 2027].
Del. Code tit. 16, § 6647A
in effect(a) (1) Each of the following individuals must complete requests for state and federal criminal history record reports:
a. An applicant for membership as a member.
b. An individual who is a member and has interactions with the public, as of March 2, 2027.
(2) The following individuals are not required to complete requests for State and federal criminal history record reports under this section unless the Commission, in its discretion, determines that a background check is necessary:
a. Associate members whose duties do not include any of the following:
1. Managing, overseeing, approving, or handling organizational funds.
2. Emergency response.
3. Interactions with the public related to public safety.
b. Lifetime members who are inactive.
c. Honorary members who are inactive.
(3) For purposes of this section, “inactive” means an individual that meets all of the following:
a. Does not hold voting rights.
b. Does not serve on committees.
c. Does not have fiduciary responsibilities.
d. Does not participate in day-to-day operations or management of the organization.
e. Does not interact with the public in duties related to public safety.
(b) Criminal history records. —
An individual listed under subsection (a) of this section who is required to obtain a criminal history record report under § 6647 of this title must submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain a Delaware and national criminal history record report through all of the following:
(1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the SBI that the State Bureau of Identification Central Repository contains no such information relating to that individual.
(2) A report of the individual’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534) or a statement that the FBI’s records contain no such information relating to that individual.
(3) The State Bureau of Identification is the intermediary for the purpose of this section and must forward all information required by subsections (a) through (c) of this section to the Commission and provide a copy of all the information to the individual who is the subject of the information.
(4) The Commission may use an individual’s state criminal history record under paragraph (b)(1) of this section or national criminal history record under paragraph (b)(2) of this section only to consider the individual’s background, qualifications, and suitability for registration as a member under this chapter.
(c) If an applicant or member obtains a criminal history record under this section, the State Bureau of Identification shall provide all of the following to the Commission:
(1) The applicant’s or member’s subsequent state criminal history record, if any.
(2) The applicant’s or member’s subsequent state criminal history record, if any, that is available through the “Rap Back System” as defined under § 8502 of Title 11, if the Rap Back System is available.
(d) Confidentiality. —
Information contained in a criminal history record obtained under this section is confidential and may not be disclosed except as follows:
(1) The State Bureau of Identification may release an individual’s subsequent criminal history to the Commission when properly requested.
(2) The Commission shall review all information that is forwarded to the Commission under this section with the applicant or member upon the applicant’s or member’s request.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c066/sc06/index.htmlFetched: 10/4/2026