29 Del. C. § 8320: Criminal background checks.

(a) The following individuals must submit to a criminal background check:

(1) Current Department of Finance (Department) employees.

(2) Individuals conditionally offered employment with the Department.

(3) Any current or prospective contractor of the Department that requires or may require access to Department systems, facilities, or data that the Secretary or the Secretary’s designee has identified as requiring a background check.

(b) Individuals required to obtain a background check under this section must submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain a Delaware and national criminal background check through all the following:

(1) A report of the individual’s entire state criminal history record information from the State Bureau of Identification or a statement 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 information from the Federal Bureau of Investigation or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that individual.

(c) The State Bureau of Identification must forward all information obtained under paragraphs (b)(1) and (b)(2) of this section to the Secretary or the Secretary’s designee.

(d) If a current employee or contractor obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Secretary or the Secretary’s designee:

(1) Any subsequent state criminal history record information of the individual.

(2) Any subsequent criminal history record information of the individual available through the “Rap Back System” as defined under § 8502 of Title 11, if the Rap Back System is available.

(e) The Department has the right to review and use criminal background information obtained under this section to the extent permitted by applicable law, including in determining an individual’s qualification for employment or continued access to Department systems, facilities, or data.

(f) Current Department employees and contractors must submit the information required by subsection (b) of this section to the State Bureau of Identification no later than 30 days after receipt of the Department’s written request to submit to a background check.