The data you can obtain from a Delaware background check is essential, regardless of whether your business is in a regulated sector that mandates background checks.
A Delaware pre-employment background check gives you a complete picture of the applicant and enables you to confirm the applicant’s identity, criminal history, educational background, employment history, and credentials.
By conducting a pre-employment background check, you can feel confident in your hiring choices and lower your risk of liability from doing so if the person you hire has background information that disqualifies them.
You may have observed that the process is not exactly streamlined if you have ever attempted to conduct a public records search for any records. Various departments maintain records, some of which are not authorized for public access and some of which are merely elusive.
The Freedom of Information Act (FOIA) does, however, grant individuals the right to view records.
Before requesting any documents, it is important to be aware of the state’s legal requirements because each state has its own procedures.
Public Records Laws in Delaware
Employers in Delaware who conduct employment background checks and use the results to make hiring decisions must do so in accordance with all applicable local, state, and federal laws and regulations. Delaware companies must be aware of both state and federal laws and regulations because different states have their own rules and laws.
Residents in Delaware have access to public records thanks to the Freedom of Information Act. The requests must be fulfilled in 15 days.
There is no appeals procedure, though, if a request is declined. To put it another way, there is no legal recourse available if a request for records is denied.
Specific exemptions are listed in the law. Public safety and security records are off limits to the public, just like in other states.
The same applies to any documents produced by the General Assembly or the state legislature.
How to Access Public Records in Delaware
A public records request must be made in order to access public records in Delaware. The record-keeping department can receive the request by phone, mail, or email.
If you access records from multiple locations, be prepared for some variations in the rules because every department is unique.
In general, a request for public records ought to contain:
- Your name
- Contact details
- The document’s title
- Specifics regarding the document
- a deadline by which you’d like the materials to be delivered
- Delivery of documents via email or post
What Information Resurfaces in a Delaware Background Check?
The following types of information are typically requested by Delaware employers during pre-employment background checks:
- information on one’s criminal history
- Authentication of identity
- checking the sex offender registry
- watch list for domestic terrorists
- Workplace validation
- Education credentials and evidence
For jobs requiring driving, some employers also ask for driving records. As part of the hiring process, some employers also require candidates to submit to pre-employment drug tests.
Criminal Records
Both misdemeanor and felony convictions will be disclosed if an applicant has a criminal history, subject to any restrictions put in place for public employers.
Private employers, on the other hand, are not subject to time restrictions on conviction data aside from for records that have been expunged.
If a candidate has a criminal record that has not been expunged, you will see the following details:
- the offense’s date
- category of offense
- Defense grade (misdemeanor or felony)
- Date of disposition
- Disposition
- Sentence
- Identity Verification
Address verification can also be done using identity verification.
Sex Offenders’ Database
An applicant’s status as a registered sex offender can be determined by checking the sex offender registry. Additionally, it will display the nature and timing of the offense as well as the details of the conviction.
Watch List for Domestic Terrorists
An applicant’s status on the Domestic Terrorist Watch List will be revealed during a background check conducted prior to hiring. You can use this information to make sure that your workplace is safe.
Workplace Verification
You can check to see if your candidates have accurately disclosed their prior employment histories and positions by requesting employment verification. You can view a candidate’s prior employers, employment history, and job titles.
You can lower your risk of liability and determine whether your candidates are reliable and qualified with the aid of employment verification reports.
Verification of Education
Employers can confirm the applicants’ claimed educational backgrounds through education verification. You can view the list of schools your applicants have attended, the dates they were enrolled there, and any diplomas, certificates, or degrees they may have obtained.
Verifying an applicant’s education enables you to find capable, trustworthy workers who can carry out the duties of their positions.
How to Get a Background Check in Delaware
You can ask the Delaware State Police for a certified criminal history report if you want to run a background check on a prospective employee. The applicant must submit to fingerprinting by the Delaware State Police in order to obtain their criminal history.
The applicant’s criminal history in Delaware will be revealed by this fingerprint-based search, but records from other states or the federal government will not be included. Additionally, the Delaware State Police search will not turn up any other significant details regarding a candidate’s prior employment or education.
Some employers make the effort to perform their own pre-employment background checks by looking up information online or sending inquiries to numerous organizations, previous employers, and educational institutions. This can take a while to finish and might not give you a complete picture of the applicant.
The best course of action when performing employment background checks in Delaware is to collaborate with a reputable, FCRA-compliant third-party provider such as backgroundchecks, iprospectcheck, freebackgroundchecks.
By observing these tips, you can easily conduct a Delaware background check online. You can also use them to screen tenants, potential partners and roommates.