Delaware Background Checks laws & HR compliance analysis

Delaware Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Delaware, employers must comply with laws concerning criminal background checks and driver's record information.
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The state's Bureau of Identification is responsible for maintaining criminal history records and may release records of convictions to employers upon request provided the employer pays a reasonable fee and submits the fingerprints and other information, including a form signed by the individual whose records are sought (DE Code Tit. 11, Sec. 8513). The use of such records must be limited to the purpose for which they were disclosed, and it is unlawful to request or disclose information about expunged records or about arrests that did not result in a conviction (DE Code Tit. 11, Sec. 4374).
Employers should be aware that the federal Equal Employment Opportunity Commission (EEOC) takes the position that ...

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