16 Del. C. § 6647: Review of criminal history records; class G felony [Effective Mar. 2, 2027].

(a) (1) An applicant or member is prohibited from serving as member in this State if the applicant or member has been convicted of, charged as a juvenile with, or adjudicated delinquent as a juvenile relating to any of the following:

a. A violent felony as designated in § 4201 of Title 11.

b. A local, state, or federal criminal offense involving any of the following:

1. Theft.

2. Embezzlement.

3. Fraud.

4. Reckless burning.

5. Endangering, resisting arrest, or offensive touching when the victim is acting in the lawful performance of the victim’s duty as any of the following:

A. A law-enforcement officer, including a Delaware State Fire Police Officer.

B. An employee of a hospital or nursing home.

C. A physician, medical professional, emergency medical responder (EMR), emergency medical technician (EMT), advanced EMT, or paramedic.

D. A correctional officer.

E. A member.

6. A sex crime, including sexual harassment, unlawful sexual contact of any degree, or lewdness in the first degree.

7. A crime involving a controlled substance or designer drug, including unlawful possession or distribution of, or intent to unlawfully possess or distribute, a controlled substance in Schedules I through V of the Uniform Controlled Substances Act of Chapter 47 of this title.

8. A crime of another state, territory, or jurisdiction which is the same or equivalent to a crime listed in this subsection (a) of this section.

(2) An applicant or member is prohibited from serving as member in this State if the applicant or member is required by law to register as a sex offender.

(b) Membership in a Delaware entity, after a state and federal background check, is denied or revoked under subsection (a) of this section unless extraordinary circumstances exist.

(1), (2) [Repealed.]

(3) In extraordinary circumstances, as defined under 1 DE Admin. Code 709, membership may be granted under this subsection only if the applicant or member establishes by clear and convincing evidence that the applicant’s membership or member’s continued membership will not jeopardize public health or safety.

(4) The Commission may review on its own an applicant’s or member’s membership to determine if extraordinary circumstances exist, or the applicant or member may apply for a waiver based on extraordinary circumstances. The applicant or member may apply for a waiver if the Entity agrees to participate in the applicant’s or member’s waiver process. If the Entity agrees to participate in the waiver process, the Entity shall appear before the Commission with the applicant or member.

(5) Membership granted based on the existence of extraordinary circumstances may include specified restrictions when appropriate.

(6) An approved extraordinary circumstances waiver shall remain confidential. The Fire Commission shall review and discuss the waiver, including any supporting documentation or sensitive personal information, in Executive Session and may not disclose such information publicly except as required by law.

(c) An applicant or member may not be charged a fee or cost for obtaining criminal history information from the State Bureau of Identification for the application.

(d) An applicant or member who knowingly provides false, incomplete, or inaccurate criminal history information, or who otherwise knowingly violates a provision of this subchapter, is guilty of a class G felony. In addition to a term of imprisonment of up to 2 years, the court shall impose a fine of no less than $1,000 which may not be suspended.

(e) The Commission shall adopt regulations to implement this subchapter.

(f) An applicant or member who is denied membership or whose membership is revoked under this subchapter may appeal the denial or revocation to the Commission within 15 days of written notification of the denial or revocation. An appeal under this subsection must be conducted under the appropriate provisions of the Administrative Procedures Act, Chapter 101 of Title 29, and is subject to judicial review under subchapter V of Chapter 101 of Title 29.

(g) An applicant or member is not prohibited from serving as a member in this State if the applicant or member is on probation or probation before judgment for an offense that is not listed in subsection (a) of this section.

(h) The Commission shall notify the appropriate Entity if an applicant or member is prohibited from serving as a member of an Entity because of a history related to a crime listed in subsection (a) of this section. The Commission may not share with the Entity the details of the criminal history record that prohibits the applicant or member from serving as a member. The Commission may share with the Entity only that the applicant or member is prohibited from serving as a member. The applicant or member may provide the applicant’s or member’s criminal history record directly to the appropriate Entity if the applicant or member wishes.

(1) The Commission shall immediately notify in writing the applicant or member that the applicant’s or member’s criminal history record includes an offense under subsection (a) of this section that prohibits the applicant or member from serving an Entity. The notification must be personally served on the applicant or member, or sent by certified mail, return receipt requested, to the applicant’s or member’s last known address.

(2) The Commission shall immediately notify in writing each Entity that the applicant seeks to serve or the member serves that the applicant or member is prohibited from serving as a member of the Entity. The notification must be sent by certified mail, return receipt requested, to the Entity’s physical address.