Delaware Background Check
If you are an employer it is your responsibility to conduct the Delaware background check on every prospective employee you are considering. Background screenings provide crucial details about the applicants and can assist employers to verify the information in resumes or applications.
You might think everyone is honest Did you know that 78 percent of job seekers are lying on resumes and applications?
No matter if your business is in a sector that requires background checks the information you get through the background check in Delaware is essential.
A Delaware background check provides a comprehensive image of the candidate and can be used to confirm the criminal record of a candidate identification, educational background, work history and qualifications.
Conducting a background check prior to hiring background check allows you to be confident about hiring decisions, and minimize the risk of being held accountable for hiring someone who has a disqualifying information on their background.
We are The Koleman Group LLC, we regularly conduct screenings for prospective employers' background in Wilmington, Dover, Newark as well as other cities. We also ensure that we are familiar with how to apply the rules, laws and regulations that are in force to the state.
This guide will assist you to know how to conduct Delaware background checks for employees.
Let's get started.
Delaware Background Check Laws 2021
Delaware employers must adhere to local, state and federal regulations and laws when they conduct background checks and utilize the results to decide on hiring. States have specific state regulations and laws, which is why Delaware employers must know the laws in their state in addition to federal laws.
Federal Laws on Employment Background Checks
Two federal laws regulate the manner in which background checks for pre-employment are conducted, what information is reported, and how employers can make use of the data they gather in making hiring decision.
The laws that are cited comprise those relating to the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964.
The legislation was passed in 1970. FCRA ensures that consumers have privacy rights with regard to sensitive data collected, stored and reported by Consumer Reporting Agencies (CRAs) and utilized by Delaware employers to make hiring decisions.
According to the FCRA the FCRA, CRAs are restricted to the types of data they are able to collect and report on background checks. The FCRA also restricts employers ' access to the manner in which background check information can be used in hiring decisions.
The FCRA offers a seven-year looking back period to report certain kinds of adverse information. CRAs are not required to report adverse information more than seven years old regarding civil judgements or civil litigations collections accounts, liens, bankruptcies, or even arrests that do that do not result in convictions.
However there is an exception to the FCRA's time limitation is available in the case of employers offering positions with a minimum salary of $75,000 annually. Criminal convictions do not fit within the seven-year period, and CRAs are able to be able to report their convictions regardless of the age of the person.
Delaware employers who plan to conduct background checks prior to hiring should inform applicants of the proceduree by writing. In advance of a background check in Delaware can be performed by a CRA employers are also required to obtain the applicant's consent.
If employers discover negative information about their background from Delaware background checks on employees carried out by CRAs adhere to the adverse action procedure to be able to use the procedure as outlined in the FCRA before making any final decision.
If you don't adhere to the FCRA and violate the FCRA, you could face massive fines and penalties and may be liable for an action in court.
The process of adverse action includes these steps:
1. Notify the user of the pre-adverse action.
If an background check reveals disqualifying information it is your responsibility to send an adverse action notification to the applicant prior to making a decision. The applicant should be allowed an adequate amount of time to examine the information and make a case. In general, five days are considered to be acceptable.
2. Review results.
If the applicant replies to the notice of adverse action and updates or modifies the information contained in the background check report, you should review the report. If you do not plan to employ the applicant in light of the information within the background check report, you must send an adverse action notice that is final.
3. Send the final adverse action notice.
The final notice of adverse action must include a declaration of the rights of the applicant under the FCRA as well as the contact and name of the CRA who supplied the information, as well as a declaration of the fact that CRA did not decide on the hiring decision. The applicant must be informed that they have the right to receive an unrestricted copy of the background check report within 60 days.
The 1964 Civil Rights Act prohibits employment discrimination in all areas of employment, such as promotions, hiring, firing as well as salary and other. According to this law, employers are not allowed to discriminate against employees and applicants due to protected characteristics like race, color or religion, national origin or age, gender, disability, and many more.
Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). Title VII applies to how criminal history information collected from background screening in Delaware can be utilized for hiring purposes.
The EEOC issued guidelines to employers conducting background checks. In the opinion of EEOC employers, they must evaluate individual criminal history information according to the job which they are seeking applicants prior to making hiring decisions that are not favorable.
Delaware's state laws on Background Checks for Employment
Delaware employers must also abide with state laws, which are in along with the FCRA in addition to Title VII.
Salary History Demands for Information Not Prohibited
In accordance with 19 Del. Code SS709B, employers are not permitted from asking prospective employees about their salary history and are not allowed to request former employers to disclose the information. If an employer is found to be in violation of the law, it may be penalized by a range of $1,000 to $5,000 for the first offense and from $5,000 to $10,000 in the event of an additional violation.
Ban-the-Box Law for Public Employers
In 2014, the former governor Jack Markell signed 2014 HB the 167 law into effect. The law states that public employers are not permitted to seeking information on criminal records of applicants on their application and are able to not ask about it until they've had the chance to interview applicants.
However, this law will only apply to Department of Corrections or state municipal, local or local police departments.
The use of convictions for Employers of Public Service
2014 HB167 also puts time limitations on the convictions used for public employers. Public employers covered by this law are not allowed to apply criminal convictions to hiring decisions for applicants with felonies longer than 10 years old or misdemeanors with a time span of more that five years.
Polygraph Examinations Are Prohibited
In accordance with 19 Del. Code SS 704, employers are able to not require employees or applicants to take an examination by polygraph as an element of their employment.
However, police departments are exempt from this law.
Social Media Information Requests Prohibited
For those who are under 19 De. Code SS 709A employers are prohibited from asking for an applicant's employee's password to social media or account details. Employers cannot also make employees or applicants access their accounts on social media in their presence, or change their privacy settings to permit the employer to see the personal social media profiles.
Expunged Records Are Not Disclosed
According to 11 Del. Code SS 4372 applicants do not need to report convictions or arrests which have been erased from their criminal record. Employers are not able to inquire about records expunged and CRAs do not divulge information about them.
What's shown on an Delaware Background check?
The majority of Delaware employers require the following types of data on background checks before hiring:
- Criminal history details
- Identification verification
- Registry checks for sexual offenders
- List of terrorists in the United States
- Employment verification
- Verification of education and credentials
Certain employers will also require driver's documents for jobs which require driving. Certain employers may also require applicants to take drug tests prior to employment as a part of their screening procedure.
If applicants have an criminal background, both misdemeanors and convictions for felony will be disclosed subject to the restrictions put on public employers.
However private employers do not limit the time for convictions other than expunged records.
If an applicant has a not-expunged criminal record, you'll be able to see the following details:
- Date of the offence
- The type of offense
- Offense degree (misdemeanor or criminal)
- Disposition date
A CRA such as The Koleman Group LLC can look through a variety of databases of the government to determine if the Social Security number is valid in the event that it was used by someone else in the past, and also who it is associated with. Identity verification is also used to confirm addresses.
Sex Offender Registry
A sex offender's registry check will determine if the person applying is an official sexual offender. It will also reveal the date and type of the crime and details about the conviction, as previously mentioned.
Domestic Terrorist Listening List
If an applicant is included in the Domestic Terrorist Watch List, the information will be disclosed in an interview background check. This information will help to protect your workplace.
The process of requesting employment verification can allow you to confirm that your applicants have truthfully reported their employment history and their previous jobs. It is possible to view an applicant's previous employers as well as dates of employment and even job names.
The reports on employment verification can help you determine if your applicants are reliable and competent, and help you reduce your risk of being held accountable.
The verification of education allows employers to confirm the educational history of applicants. You will be able to see each school your candidates have attended, as well as their dates of attendance, and any certificates, diplomas or degrees they've received.
Examining the educational qualifications of the applicant will allow you to locate honest, competent employees who are competent to carry out the duties of their work.
How Long Do Background Checks go in Delaware?
For private companies The FCRA's seven-year timeframe for looking back will determine the amount of time certain kinds of information will be disclosed in background checks.
The following kinds of information are not recorded if they are seven or older:
- Arrests that have not resulted in convictions
- Civil judgments
- Civil lawsuits
- Tax liens that have been paid
- Accounts for collection
If your company has a salary of more than $75,000 annually the restrictions on lookback periods do not apply. It is important to note that the FCRA does not limit the disclosure of conviction records regardless of how old they may be. However, records that have been expunged are not able to be used or reported in Delaware.
Information regarding your applicant's educational background or employment history as well as credentials are in no way subject to the seven-year lookback time period and can be disclosed regardless of the age of the applicant.
How do I get an Background check for Delaware?
If you are looking to conduct an background check on a potential employee You can request a vetted criminal background check by the Delaware State Police. For a criminal record to be verified the candidate will have undergo Delaware State Police fingerprinting.
The fingerprint-based search will provide applicants' Delaware criminal history, however it will not reveal criminal reports of other states, or from the federal government. A search conducted by Delaware State Police records Delaware State Police will also not reveal any other vital details about the applicant's previous work or educational.
Certain employers try to conduct self-contained background checks through searching for information on the internet or sending requests to multiple agencies, previous employers as well as educational institutions. This may not give you full information about the applicant, and it can take an extended time to complete.
If you are conducting background checks for employment for background checks on employees in Delaware The best way to conduct background checks in Delaware is to work with a reliable third-party service that is FCRA compliant like The Koleman Group LLC.
The reports we provide for background checks for employment background check reports are current complete, accurate and FCRA-compliant.
What Can Disqualify You from the Delaware Background check?
There are a variety of red flags that during the job screening process could cause employers to choose not to hire candidates. It is recommended for job applicants to be truthful when applying for positions.
Here are a few possible reasons that could make an applicant unqualified for the basis of a background check.
As per the National Conference of State Legislatures An estimated 77.5 million Americans have criminal convictions.
While a criminal history could hinder job opportunities, employers should evaluate the record individually in light of how they relate to the specific job that they are seeking to fill.
Troublesome Credit History
Certain private employers require the credit history of their candidates. A poor credit score could be a hindrance for employment in specific types of jobs, such as the financial industry.
However, Delaware's ban-the box law prevents employers from seeking details on credit history from prospective employees until they've been interviewed and been offered employment on conditional basis.
False employment history
Certain applicants lie about their past job information in order to appear to are more experienced than they actually do or to cover up gaps in their employment. People that lie regarding their jobs are not likely to be hired.
False claims about education
In the same way many applicants are lied to about their school of choice, colleges and whether or not they obtained specific degrees or certificates. Falsely stating these issues could result in an unfavourable employment decision.
Poor Driving Record
Job applicants who are applying for positions which require driving, e.g. truck drivers, may be rejected for positions in the event of a poor driving record. This is due to the fact that companies may not be able provide insurance to them and may face greater risk in hiring them.
A failed drug test
Employers who request pre-employment drug tests on candidates as a condition for hiring will probably not be able to employ applicants who fail drug tests prior to employment.
What is the Cost of an background check cost in Delaware?
If you are interested in a fingerprint verification through the Delaware State Police, you must pay an amount of $52 for each report.
However, the information you provide will be restricted to Delaware criminal history records for the state of Delaware and will not contain any other vital information about the applicants.
Certain online sellers offer the free Delaware background screening. But, it is best not to employing these services to conduct background checks for your job since they typically provide inaccurate or outdated information.
The data they collect may not be in compliance with the regulations of the FCRA as well as state laws, and could lead at risk of liability should you depend on these kinds of services.
The best option is to work with a trustworthy, reliable FCRA-compliant, before-employment background check provider like The Koleman Group LLC.
We perform custom background check for companies in Delaware and Delaware, which means you are able to select only the kinds of information you require.
We provide a variety of packages that are priced differently and offer many other services and reports, such as pre-employment drug testing.
The huge volume discounts offered to businesses that order fifty or more background check reports per year will benefit a variety of companies. To get a free estimate, without obligation, call The Koleman Group LLC today.
What is the length of time an Background Check Take for Delaware?
Employers are required to quickly make hiring decisions and don't have time to wait around for background check information.
If you try the process of conducting background investigations making individual requests to a variety of state agencies, former employers as well as educational institutions, it may take several weeks before you are able to receive all of the necessary information.
If you choose to work together with The Koleman Group LLC, you will reduce time. We can return background check information quickly, giving reports to our clients in just several hours.
The Koleman Group LLC Your trusted partner for Fast and Accurate Compliant Delaware Background checks
Conducting complete, up-to-date and complete background checks prior to employment in Delaware is crucial for employers. In order to complete an accurate FCRA background check, you will require access to several databases to gather pertinent information on your candidates backgrounds.
When you work in conjunction with The Koleman Group LLC, you will benefit from our wide accessibility to trustworthy databases as well as highly trained employees. We have the ability to quickly collect and evaluate vital background information for candidates in Delaware.
We are always ready to assist you with any questions that arise and are located within our home in the U.S. We are also aware of the importance of privacy and confidentiality and will do our best to safeguard the sensitive information of our clients.
To find out more about the program and get a no-obligation, complimentary consultation, call The Koleman Group LLC now.
Disclaimer: The materials provided in this article are meant to be educational only and are not legal advice. Contact your attorney should you have any legal concerns concerning your particular practice and the compliance with applicable laws.
Written on 2021-01-31 22:25:13 by larry coleman