(a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system
in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies
and courts of the State for accurate and current criminal history record information, and the right of individuals to be free
from improper and unwarranted intrusions into their privacy.
(b) In order to achieve this result, the General Assembly finds that there is a need:
(1) To designate the State Bureau of Identification as the central state repository for criminal history record information;
(2) To require the rapid identification, classification and filing of fingerprints;
(3) To require the reporting of accurate, relevant and current information to the central repository by all criminal justice
agencies;
(4) To insure that criminal history record information is kept accurate and current; and
(5) To prohibit the improper dissemination of such information.
(c) This subchapter is intended to provide a basic statutory framework within which these objectives can be attained.
63 Del. Laws, c. 188, § 1.;
§ 8502. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) "Administration of criminal justice" shall mean performance of any of the following activities: Detection, apprehension,
detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision, or rehabilitation of accused
persons or criminal offenders, criminal identification activities, and the collection, storage and dissemination of criminal
history record information.
(2) "Conviction data" means any criminal history record information relating to an arrest which has led to a conviction or
other disposition adverse to the subject. "Conviction or other disposition adverse to the subject" means any disposition of
charges, except a decision not to prosecute, a dismissal or acquittal; provided, however, that a dismissal entered after a
period of probation, suspension or deferral of sentence shall be considered a disposition adverse to the subject.
(3) "Criminal history background check" means the acquisition of state or federal criminal history record information for
an individual.
(4) "Criminal history record information" shall mean information collected by state or federal criminal justice agencies on
individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other
formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. "Criminal
history record information" shall include the names and identification numbers of police, probation, and parole officers,
and such information shall not be within the definition of a "public record" for purposes of the Freedom of Information Act,
Chapter 100 of Title 29. Pursuant to the provisions of this subchapter, upon application the State Bureau of Investigation
shall release to members of the news media, and to individuals and agencies as defined by this subchapter, a random number
that is unique and permanent to each arresting officer as a surrogate for the officer's agency or department-issued identification
number. The term does not include identification information such as fingerprint records to the extent that such information
does not indicate involvement of the individual in the criminal justice system. Nor shall the term include information contained
in:
a. Posters, announcements or lists for identifying or apprehending fugitives or wanted persons;
b. Original records of entry such as police blotters maintained by criminal justice agencies which are compiled chronologically
and required by law with long-standing custom to be made public, if such records are organized on a chronological basis;
c. Court records of public judicial proceedings;
d. Published court or administrative opinions or public judicial, administrative or legislative proceedings;
e. Records of traffic offenses maintained by the Division of Motor Vehicles for the purpose of regulating the issuance, supervision,
revocation or renewal of driver's, pilot's or other operator's licenses;
f. Announcements of executive clemency.
(5) "Criminal justice agency" shall mean:
a. Every court of this State and of every political subdivision thereof;
b. A government agency or any sub-unit thereof which performs the administration of criminal justice pursuant to statute or
executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Such
agencies shall include, but not be limited to, the following:
1. The Delaware State Police;
2. All law-enforcement agencies and police departments of any political subdivision of this State;
3. The State Department of Justice;
4. The Office of the Solicitor of the City of Wilmington;
5. The Delaware Criminal Justice Information System, Office of the Director;
6. The Department of Correction;
7. The Division of Youth Rehabilitative Services;
8. The Division of Family Services;
9. The Division of Alcohol and Tobacco Enforcement;
10. The Federal Bureau of Investigation; and
11. The Division of Professional Regulation.
(6) "Criminal Justice Information System" shall mean the computer hardware, software and communications network managed, operated
and/or maintained for the Delaware Criminal Justice Information System.
(7) "Disposition" shall include, but not be limited to, trial verdicts of guilty or not guilty, nolle prosequis, Attorney
General probations, pleas of guilty or nolo contendere, dismissals, incompetence to stand trial, findings of delinquency or
nondelinquency and initiation and completion of appellate proceeding.
(8) "Dissemination" shall mean the transmission of criminal history record information, or the confirmation of the existence
or nonexistence of such information. The term shall not include:
a. Internal use of information by an officer or employee of the agency which maintains such information;
b. Transmission of information to the State Bureau of Identification;
c. Transmission of information to another criminal justice agency in order to permit the initiation of subsequent criminal
justice proceedings;
d. Transmission of information in response to inquiries from criminal justice agencies via authorized system terminals, which
agencies provide and/or maintain the information through those terminals.
(9) "Governmental agency" shall mean any agency of the government of the United States or the State of Delaware or any political
subdivision thereof. It does not include a private individual, any private corporate entity or other nongovernmental entity.
(10) "Law-enforcement officer" shall include police officers, special investigators pursuant to § 9016 of Title 29, the Attorney
General and the Attorney General's deputies, state fire marshals, municipal fire marshals that are graduates of a Delaware
Police Academy which is accredited/authorized by the Council on Police Training, sworn members of the City of Wilmington Fire
Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training,
environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, environmental
protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, sheriffs and their
regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement correctional officers and constables.
(11) "Nonconviction data" means arrest information without disposition if an interval of 1 year has elapsed from the date
of arrest and no active prosecution of the charge is pending, or information disclosing that the police have elected not to
refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings
have been indefinitely postponed, as well as all acquittals and all dismissals.
(12) "Recipient agency" means any government agency which is directed or authorized by law to conduct a criminal history background
check for the purposes of employing or licensing any individual in this State.
(13) "Release status" shall mean information concerning whether or not an individual is incarcerated and the reason therefor,
which shall include but is not limited to information concerning releases on bail, or on own recognizance, commitments in
default of bail, referrals to other agencies, decision of prosecutors not to commence or to postpone criminal proceedings,
release from institutions and any conditions imposed concerning those released.
63 Del. Laws, c. 188, § 1; 65 Del. Laws, c. 452, §§ 1-3; 68 Del. Laws, c. 101, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, §§ 12, 13; 71 Del. Laws, c. 205, § 1; 72 Del. Laws, c. 50, § 1; 72 Del. Laws, c. 371, § 3; 72 Del. Laws, c. 379, §§ 4, 5; 73 Del. Laws, c. 249, § 3; 73 Del. Laws, c. 252, §§ 1-5; 74 Del. Laws, c. 224, § 1; 74 Del. Laws, c. 250, § 2; 77 Del. Laws, c. 326, § 1.;
§ 8503. Function; administration; appointment of Director.
(a) The State Bureau of Identification, hereinafter referred to as the "Bureau," is continued within the Division of State
Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional
information as specified in this subchapter.
(b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped
and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security.
(c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security,
a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced
in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject
to the same rules and regulations governing the State Police.
(d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body
established for the collection, retention and dissemination of criminal history information.
42 Del. Laws, c. 181, § 1; 11 Del. C. 1953, § 8501; 57 Del. Laws, c. 670, §§ 4A, 4B; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 138.;
§ 8504. Personnel.
The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed
necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them.
42 Del. Laws, c. 181, § 2; 11 Del. C. 1953, § 8502; 63 Del. Laws, c. 188, § 1.;
§ 8505. Duty to provide security of criminal history record information and security investigations.
(a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau.
(b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized
agency, shall be protected from unauthorized access, disclosure or dissemination.
(c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar
with the substance and intent of this chapter.
(d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or
employees of a criminal justice agency, and, as necessary, to other authorized personnel essential to the proper operation
of the criminal history record information system.
(e) The Director shall be responsible for investigations of violations of this chapter.
63 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 101, § 2.;
§ 8506. Duty to maintain complete and accurate records; performance of annual audit.
(a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum
extent feasible.
(b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal
justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter.
(c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end
of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau
may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that
person reaches age 80 or reaches age 75 with no criminal activity listed on the person's record in the past 40 years, whichever
shall first occur, except as otherwise provided by statute.
(d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify
all criminal justice agencies, and all other persons and agencies, known to have received such information.
(e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information
having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy.
(f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining
data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall
be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each
audit made pursuant to this subsection shall be communicated to the individual agency so audited.
42 Del. Laws, c. 181, § 9; 11 Del. C. 1953, § 8509; 63 Del. Laws, c. 188, § 1; 67 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8507. Information to be supplied by law-enforcement officers.
(a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau:
(1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director
may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to:
a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United
States Department of Justice;
b. Being a fugitive from justice;
(2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons;
(3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit
to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon;
(4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting
officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender's
method of operation, changes in release status and such other information as the Director may require;
(5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops,
second-hand dealers and dealers in weapons.
(b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals
are attired in civilian clothes.
42 Del. Laws, c. 181, §§ 3, 6; 11 Del. C. 1953, §§ 8503, 8506; 61 Del. Laws, c. 321, § 1; 63 Del. Laws, c. 188, § 1.;
§ 8508. Information to be supplied by court officials.
Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable
offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the
Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency,
or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days
of said action.
42 Del. Laws, c. 181, § 4; 11 Del. C. 1953, § 8504; 63 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 101, § 3.;
§ 8509. Information to be supplied by heads of institutions.
Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons
declared to be not guilty by reason of mental illness, or declared incompetent to stand trial for criminal offenses or involuntarily
committed for mental illness pursuant to Chapter 50 of Title 16, shall transmit to the Bureau the names, dates of birth and
social security numbers of all adults so committed and shall report any subsequent change in release status. Every person
in responsible charge of such institutions shall also forward to the Bureau the names and photographs of all individuals who
are to be discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken
immediately before release of such individuals, and the individual shall be attired in civilian clothes.
42 Del. Laws, c. 181, § 5; 11 Del. C. 1953, § 8505; 63 Del. Laws, c. 188, § 1; 69 Del. Laws, c. 224, § 2; 70 Del. Laws, c. 186, § 1.;
§ 8510. Information to be supplied by Department of Correction and Division of Youth Rehabilitative Services.
The Department of Correction and the Division of Youth Rehabilitative Services shall, within 48 hours, transmit to the Bureau:
(1) The names, fingerprints, photographs and other data prescribed by the Director, concerning all persons who are received
or committed to such penal institution, or who are placed on parole or probation for any offense. Such photographs shall be
of a recent date, and taken while such individuals are attired in civilian clothes;
(2) The names and photographs of all prisoners who are to be released or discharged from such institutions, after having been
confined in such institutions. Such photographs shall be taken immediately before release of such persons, and the person
shall be attired in civilian clothes;
(3) Notice of all paroles granted, revoked or completed, changes in release status, conditional releases, commutations of
sentence, pardons and deaths of all persons described in paragraphs (1) and (2) of this section.
63 Del. Laws, c. 188, § 1; 65 Del. Laws, c. 452, § 4; 70 Del. Laws, c. 186, § 1.;
§ 8510A. Information to be supplied by Division of Professional Regulation.
The Division of Professional Regulation shall transmit to the Bureau, in such manner as the Director shall designate, certain
information regarding the Division's investigations, civil enforcement actions or complaints, and changes in license status
when such information is related to alleged criminal conduct. By December 27, 2010, the Division, in cooperation with the
Executive Director of the Delaware Criminal Justice Information System, shall promulgate regulations governing what information
the Division must supply to the Bureau, and the time period in which it must do so.
77 Del. Laws, c. 326, § 2.;
§ 8511. Time period for submission of required information.
If no time period is prescribed in this subchapter for the submission of information to the Bureau, the information required
shall be submitted within such time period and in such manner as the Director shall designate.
42 Del. Laws, c. 181, § 7; 11 Del. C. 1953, § 8507; 63 Del. Laws, c. 188, § 1.;
§ 8512. Access to institutions and public records.
Any employee of the Bureau, upon written authorization by the Director, may enter any correctional center or mental institution
to take or cause to be taken fingerprints or photographs or to conduct investigations relative to any person confined therein,
for the purpose of obtaining information which may lead to the identification of criminals; and every person who has charge
or custody of public records or documents from which it may reasonably be supposed that information described in this subchapter
can be obtained, shall grant access thereto to any employee of the Bureau upon written authorization by the Director or shall
produce such records or documents for the inspection and examination of such employee.
42 Del. Laws, c. 181, § 8; 11 Del. C. 1953, § 8508; 63 Del. Laws, c. 188, § 1.;
§ 8513. Dissemination of criminal history record information [Effective until Oct. 10, 2010]
(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal
history of any person or persons of whom the Bureau has a record to:
(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency
and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal
justice and/or criminal justice employment;
(2) Any person or the person's attorney of record who requests a copy of the person's own Delaware criminal history record,
provided that such person:
a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify
one's self as the person whose record this individual seeks; and
b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
(3) The State Public Defender when requesting information about an individual for whom the State Public Defender is attorney
of record.
(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the
Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards
set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall
apply to the dissemination of criminal history record information to:
(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision
or order;
(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required
for the administration of criminal justice pursuant to that agreement. Said agreement shall embody a user agreement as prescribed
in § 8514 of this title;
(3) Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to a specific
agreement with a criminal justice agency. Said agency shall embody a user agreement as prescribed in § 8514 of this title;
(4) Individuals and agencies for purposes of international travel;
(5) Individuals and agencies required to provide a security clearance for matters of national security.
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the
Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard
set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply
to the dissemination of conviction data to:
(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
and
b. The use of the conviction data shall be limited to the purpose for which it was given;
(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given,
and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State
Police.
(d) Dissemination of criminal history record information by any person or agency other than the Bureau or its designee is
prohibited. This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is
of the essence and the Bureau is technologically incapable of responding within the necessary time period. Under such circumstances
the foregoing rules concerning dissemination are to be adhered to.
(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting
and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited
to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.
(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination
of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of
the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.
(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal
case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection,
"juror" includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit
the disclosure of such information as may be necessary to investigate misconduct by any juror.
(h) Notwithstanding any law or court rule to the contrary, criminal history record information disseminated pursuant to subsection
(c) of this section shall not include information pertaining to any charge resolved by probation before judgment as set forth
in § 4218 of this title, or by the First Offenders Controlled Substances Diversion Program as set forth in § 4764 of Title
16, once all terms and conditions of any period of probation imposed pursuant to said sections have been completed to the
satisfaction of the Court and the defendant is discharged from probation. Nothing in this subsection shall prevent the dissemination
of such information to any criminal justice agency.
42 Del. Laws, c. 181, § 11; 11 Del. C. 1953, § 8511; 59 Del. Laws, c. 551; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 385, § 1; 76 Del. Laws, c. 392, § 5.;
§ 8513. Dissemination of criminal history record information [Effective Oct. 10, 2010]
(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal
history of any person or persons of whom the Bureau has a record to:
(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency
and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal
justice and/or criminal justice employment;
(2) Any person or the person's attorney of record who requests a copy of the person's own Delaware criminal history record,
provided that such person:
a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify
one's self as the person whose record this individual seeks; and
b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
(3) The State Public Defender when requesting information about an individual for whom the State Public Defender is attorney
of record.
(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the
Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards
set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall
apply to the dissemination of criminal history record information to:
(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision
or order;
(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required
for the administration of criminal justice pursuant to that agreement. Said agreement shall embody a user agreement as prescribed
in § 8514 of this title;
(3) Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to a specific
agreement with a criminal justice agency. Said agency shall embody a user agreement as prescribed in § 8514 of this title;
(4) Individuals and agencies for purposes of international travel;
(5) Individuals and agencies required to provide a security clearance for matters of national security.
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the
Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard
set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply
to the dissemination of conviction data to:
(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
and
b. The use of the conviction data shall be limited to the purpose for which it was given;
(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given,
and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State
Police.
(d) Dissemination of criminal history record information by any person or agency other than the Bureau or its designee is
prohibited. This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is
of the essence and the Bureau is technologically incapable of responding within the necessary time period. Under such circumstances
the foregoing rules concerning dissemination are to be adhered to.
(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting
and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited
to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.
(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination
of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of
the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.
(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal
case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection,
"juror" includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit
the disclosure of such information as may be necessary to investigate misconduct by any juror.
(h) [Repealed.]
42 Del. Laws, c. 181, § 11; 11 Del. C. 1953, § 8511; 59 Del. Laws, c. 551; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 385, § 1; 76 Del. Laws, c. 392, § 5; 77 Del. Laws, c. 348, § 8.;
§ 8513A. Governmental agency access to the Criminal Justice Information System (CJIS)
Access to the Criminal Justice Information System, including computerized criminal history, shall be available to governmental
agencies (as defined by this statute); provided, that the requesting agency meets the following conditions:
(1) In order to be eligible to obtain information from CJIS, an agency must offer written evidence that the public interest
in dissemination or access outweighs the security and privacy interests of the person or persons upon whom access is sought,
and that access is germane to the mission of the agency.
(2) The agency shall submit to an application procedure as established by the Board of Managers. Said procedure shall identify
the specific information being sought.
(3) Approval of the agency's application, which may be in whole, in part, or as modified by the Board, shall require a two-thirds
majority of the entire Board of Managers.
(4) Upon approval of the agency's application, the agency shall enter into a user's agreement as prescribed in § 8514 of this
title.
(5) The agency shall bear all costs associated with CJIS access, once granted. This section does not pertain to access to
police complaint information contained in CJIS collected as a result of the requirements as specified in § 8507(a)(4) of this
title. Such access shall remain within the discretion of the Director of the State Bureau of Identification.
71 Del. Laws, c. 205, § 2.;
§ 8514. User agreements.
(a) Use of criminal history record information disseminated to noncriminal justice agencies shall be restricted to the purpose
for which it was given.
(b) No criminal justice agency shall disseminate criminal history record information to any person or agency pursuant to §
8513(a)(3) and (b)(1), (2) and (3) of this title unless said person or agency enters into a user agreement with the Bureau,
which agreement shall:
(1) Specifically authorize access to the data or information;
(2) Limit the use of the data or information to purpose for which it was given;
(3) Ensure the security and confidentiality of the data or information consistent with this chapter.
(c) An individual or agency which has entered into a user agreement as prescribed by subsection (b) of this section, and which
knowingly or recklessly violates the terms of that agreement, shall be guilty of a class A misdemeanor and shall be punished
according to Chapter 42 of this title. Upon such violation, the user agreement shall be terminable at the option of the Bureau.
63 Del. Laws, c. 188, § 1.;
§ 8515. Furnishing information of injured or deceased persons.
If a law-enforcement officer or the Office of the Chief Medical Examiner transmits to the Bureau the identification data of
any unidentified deceased or injured person or any person suffering from loss of memory, the Bureau shall furnish to such
officer or Office any information available pertaining to the identification of such person.
42 Del. Laws, c. 181, § 12; 11 Del. C. 1953, § 8512; 63 Del. Laws, c. 188, § 1.;
§ 8516. Furnishing information without application.
Although no application for information has been made to the Bureau as provided in § 8513 of this title, the Bureau may transmit
such information as the Director, in the Director's discretion, designates to such persons as are authorized by § 8513 of
this title to make application for it and as are designated by the Director.
42 Del. Laws, c. 181, § 13; 11 Del. C. 1953, § 8513; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8517. Local assistance.
(a) At the request of any officer or official described in §§ 8507, 8509 and 8510 of this title, the Superintendent of State
Police may direct the Director to assist such officer:
(1) In the establishment of local identification and record system;
(2) In investigating the circumstances of any crime and in the identification, apprehension and conviction of the perpetrator
or perpetrators thereof, and for this purpose may detail such employee or employees of the Bureau, for such length of time
as the Director deems fit; and
(3) Without such request the Director shall, at the direction of the Governor, detail such employee or employees, for such
time as the Governor deems fit, to investigate any crime within this State, for the purpose of identifying, apprehending and
convicting the perpetrator or perpetrators thereof.
(b) The Governor may, in the Governor's discretion, delegate to the Secretary of Public Safety the powers, duties or functions
set forth in this section.
42 Del. Laws, c. 181, § 14; 11 Del. C. 1953, § 8514; 57 Del. Laws, c. 670, § 4C; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8518. Scientific crime detection laboratory.
To the end that the Bureau may be able to furnish the assistance and aid specified in § 8517 of this title, the Superintendent
of the State Police may direct the Director to organize in the Bureau and maintain therein scientific crime detection laboratory
facilities.
42 Del. Laws, c. 181, § 15; 11 Del. C. 1953, § 8515; 63 Del. Laws, c. 188, § 1.;
§ 8519. Certified copies of records.
Any copy of a record, picture, photograph, fingerprint or other paper or document in the files of the Bureau certified by
the Director or the Director's designee to be a true copy of the original shall be admissible in evidence in any court of
this State in the same manner as the original might be.
42 Del. Laws, c. 181, § 16; 11 Del. C. 1953, § 8516; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8520. Annual report.
The Director shall submit to the Superintendent of State Police an annual report of the conduct of the office. This report
shall present summary statistics of the information collected by the Bureau.
42 Del. Laws, c. 181, § 17; 11 Del. C. 1953, § 8517; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8521. Access to files.
Only employees of the Bureau and persons specifically authorized by the Director shall have access to the files or records
of the Bureau. No such file or record or information shall be disclosed by any person so authorized except to officials as
in this subchapter provided.
42 Del. Laws, c. 181, § 18; 11 Del. C. 1953, § 8518; 63 Del. Laws, c. 188, § 1.;
§ 8522. Authority to take fingerprints, photographs and other data.
(a) To the end that the officers and officials described in §§ 8507, 8509, 8510 and 8525 of this title may be enabled to transmit
the reports required of them, such officers and officials shall have the authority and duty to take, or cause to be taken,
fingerprints, photographs and other data of persons described in such section. A like authority shall be had by employees
of the Bureau who are authorized to enter any institution under § 8512 of this title, as to persons confined in such institutions.
(b) Every person arrested for a crime or crimes enumerated in § 8507 of this title shall submit to being fingerprinted, photographed
and shall supply such information as required by the Superintendent. Whoever shall fail to comply with this section shall
be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. The Justice of the Peace Court
shall have jurisdiction over violations of this section.
42 Del. Laws, c. 181, § 19; 11 Del. C. 1953, § 8519; 63 Del. Laws, c. 188, § 1; 74 Del. Laws, c. 322, § 6.;
§ 8523. Penalties.
(a) Whoever intentionally neglects or refuses to make any report lawfully required of the person under this subchapter, or
to do or perform any other act so required to be done or performed by the person, or hinders or prevents another from doing
an act so required to be done by such person, shall be guilty of a class A misdemeanor and shall be punished according to
Chapter 42 of this title.
(b) Any person who knowingly and wrongfully destroys or falsifies by addition or deletion any computerized or manual record
of the Bureau or of a criminal justice agency, which contains criminal history record information, or who knowingly permits
another to do so, shall be guilty of a class E felony and shall be punished according to Chapter 42 of this title.
(c) Any person who knowingly provides CHRI to another for profit is guilty of a class E felony and shall be punished according
to Chapter 42 of this title.
(d) Any person who knowingly provides criminal history record information to a person or agency not authorized by this subchapter
to receive such information or who knowingly and wrongfully obtains or uses such information shall be guilty of a class A
misdemeanor and shall be punished according to Chapter 42 of this title.
(e) Conviction of a violation of this section shall be prima facie grounds for removal from employment by the State or any
political subdivision thereof, in addition to any fine or other sentence imposed.
42 Del. Laws, c. 181, §§ 20, 21; 11 Del. C. 1953, §§ 8520, 8521; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8524. Admissible evidence.
Nothing in this subchapter, or amendments adopted pursuant thereto, shall provide the basis for exclusion or suppression of
otherwise admissible evidence in any proceeding before a court, or other official body empowered to subpoena such evidence.
63 Del. Laws, c. 188, § 1.;
§ 8525. Information voluntarily supplied by individuals.
Whenever a person appears before any of the officers mentioned in § 8507 of this title, and requests an impression of the
person's fingerprints, such mentioned officer shall comply with the request, and make at least 2 copies of the impressions
on forms supplied by the Bureau. One copy shall be forwarded to the Federal Bureau of Investigation at Washington, D.C., and
1 copy shall be forwarded promptly to the Bureau, subject to § 8513 of this title, together with any personal identification
data obtainable. The Bureau shall accept and file such fingerprints and personal identification data submitted voluntarily
by such resident in a separate filing system, for the purpose of securing a more certain and easy identification in case of
death, injury, loss of memory or change of appearance.
42 Del. Laws, c. 181, § 10; 11 Del. C. 1953, § 8510; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8526. Voluntary fingerprinting of certain school children.
(a) The Superintendent of State Police shall provide for the training on a time-available basis of volunteers who are nominated
by the board of education of each reorganized school district or board of trustees of each private school from parent teacher
associations, parent teacher organizations, citizens' advisory councils or other involved groups such as the Girls' Clubs
of Delaware, Incorporated, who are involved in student activities or pilot programs dealing with the subject at hand, or as
individuals for the purpose of voluntary fingerprinting of pupils in any grades from kindergarten through grade 9. Upon completion
of such training prescribed by the Superintendent of State Police, such volunteers may take fingerprints pursuant to this
section.
(b) Public and private school officials shall cooperate with the aforesaid organizations in the nomination of volunteers and
in setting dates for fingerprinting pupils pursuant to this section and providing school facilities and personnel to assist
the volunteers in the fingerprinting process; provided, however, unless otherwise approved by the local board of education
that fingerprinting of a pupil shall not occur during school hours for said pupil.
(c) Each school shall provide a form authorizing a pupil's participation in the fingerprinting program upon the signature
of the pupil's parent or guardian. No pupil shall be fingerprinted unless a signed authorization form is in the possession
of school officials or person conducting the fingerprinting.
(d) School officials shall notify the parents or guardians of eligible pupils of the date set for the fingerprinting program
at least 2 weeks prior thereto. For purposes of this subsection, "eligible pupils" means pupils who have not been fingerprinted
previously pursuant to this section.
(e) Fingerprinting pursuant to this section shall be done on a fingerprint card provided by the school with the form thereof
approved by the Superintendent of State Police. In addition to fingerprints the card shall contain the following information:
Name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the
name of the parent or guardian of the pupil.
(f) The completed fingerprint card and any duplicate shall be given to the pupil's parent or guardian. Only upon the request
of the pupil's parent or guardian may a duplicate fingerprint card be made.
64 Del. Laws, c. 201, § 1.;
§ 8527. Criminal history background checks; state and/or federal CHRI reports; receipt by government agencies; procedures.
(a) Notwithstanding any other provision of the law to the contrary, any recipient agency seeking a criminal history background
check for the purposes of employing or licensing any individual in this State pursuant to a statutory mandate or authorization
shall submit to the Bureau, in the manner and form designated by the Superintendent of State Police, fingerprints and other
necessary information in order to obtain the following:
(1) A report of the individual's entire state criminal history record information from the Bureau or a statement from the
Bureau that the State Bureau of Identification Central Repository contains no such information relating to that person (state
CHRI report); and
(2) A report of the individual's entire federal criminal history record information from the Federal Bureau of Investigation
(federal CHRI report).
(b) Unless otherwise specified by statute, the recipient agency shall pay to the Bureau all fees associated with the acquisition
of state and federal CHRI reports.
(c) All CHRI reports obtained pursuant this section shall be forwarded to the recipient agency for review associated with
the employment and/or licensing of the individual for whom the CHRI reports are sought. For the purposes of this section the
Bureau shall be the intermediary and the recipient agency shall be the screening point for the receipt of CHRI reports.
(d) All CHRI reports obtained pursuant to this section are confidential and may only be disclosed to the chief officer of
the recipient agency, or his or her designee, or to the individual employed by the recipient agency who has been designated
by statute to receive CHRI reports. If disclosed to a designee of the chief officer of the recipient agency, then prior to
processing any state or federal CHRI reports, said designee shall receive training in confidentiality and shall sign an agreement
to keep such information confidential. Notwithstanding the foregoing and unless otherwise specified by statute, any recipient
agency to whom a CHRI report has been disclosed pursuant to this section shall review such CHRI report with the individual
for whom it was sought upon the individual's request.
(e) The State Bureau of Identification may release any subsequent CHRI reports to a recipient agency when properly requested.
No federal CHRI report shall be disclosed to any private entity at any time except as expressly authorized by the Federal
Bureau of Investigation.
(f) Information provided to the recipient agency pursuant this section by the individual for whom any CHRI report is being
sought shall be accompanied by an oath or affirmation provided by the recipient agency and signed by the individual under
penalty of perjury:
(1) Indicating that said information is true and complete to the best of the individual's knowledge; and
(2) Acknowledging that knowingly and intentionally providing false, incomplete or inaccurate information is a felony.
(g) Any person for whom a CHRI report is being sought pursuant to this section who knowingly and intentionally provides a
recipient agency or the Bureau with false, incomplete or inaccurate information shall be guilty of a class F felony and shall
be punished according to Chapter 42 of this title. Conviction pursuant to this subsection shall not preclude prosecution for
perjury in the second degree pursuant to Chapter 5 of this title.
(h) This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing
or licensing any individual in this State.
73 Del. Laws, c. 252, § 6; 70 Del. Laws, c. 186, § 1.;
(a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system
in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies
and courts of the State for accurate and current criminal history record information, and the right of individuals to be free
from improper and unwarranted intrusions into their privacy.
(b) In order to achieve this result, the General Assembly finds that there is a need:
(1) To designate the State Bureau of Identification as the central state repository for criminal history record information;
(2) To require the rapid identification, classification and filing of fingerprints;
(3) To require the reporting of accurate, relevant and current information to the central repository by all criminal justice
agencies;
(4) To insure that criminal history record information is kept accurate and current; and
(5) To prohibit the improper dissemination of such information.
(c) This subchapter is intended to provide a basic statutory framework within which these objectives can be attained.
63 Del. Laws, c. 188, § 1.;
§ 8502. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) "Administration of criminal justice" shall mean performance of any of the following activities: Detection, apprehension,
detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision, or rehabilitation of accused
persons or criminal offenders, criminal identification activities, and the collection, storage and dissemination of criminal
history record information.
(2) "Conviction data" means any criminal history record information relating to an arrest which has led to a conviction or
other disposition adverse to the subject. "Conviction or other disposition adverse to the subject" means any disposition of
charges, except a decision not to prosecute, a dismissal or acquittal; provided, however, that a dismissal entered after a
period of probation, suspension or deferral of sentence shall be considered a disposition adverse to the subject.
(3) "Criminal history background check" means the acquisition of state or federal criminal history record information for
an individual.
(4) "Criminal history record information" shall mean information collected by state or federal criminal justice agencies on
individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other
formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. "Criminal
history record information" shall include the names and identification numbers of police, probation, and parole officers,
and such information shall not be within the definition of a "public record" for purposes of the Freedom of Information Act,
Chapter 100 of Title 29. Pursuant to the provisions of this subchapter, upon application the State Bureau of Investigation
shall release to members of the news media, and to individuals and agencies as defined by this subchapter, a random number
that is unique and permanent to each arresting officer as a surrogate for the officer's agency or department-issued identification
number. The term does not include identification information such as fingerprint records to the extent that such information
does not indicate involvement of the individual in the criminal justice system. Nor shall the term include information contained
in:
a. Posters, announcements or lists for identifying or apprehending fugitives or wanted persons;
b. Original records of entry such as police blotters maintained by criminal justice agencies which are compiled chronologically
and required by law with long-standing custom to be made public, if such records are organized on a chronological basis;
c. Court records of public judicial proceedings;
d. Published court or administrative opinions or public judicial, administrative or legislative proceedings;
e. Records of traffic offenses maintained by the Division of Motor Vehicles for the purpose of regulating the issuance, supervision,
revocation or renewal of driver's, pilot's or other operator's licenses;
f. Announcements of executive clemency.
(5) "Criminal justice agency" shall mean:
a. Every court of this State and of every political subdivision thereof;
b. A government agency or any sub-unit thereof which performs the administration of criminal justice pursuant to statute or
executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Such
agencies shall include, but not be limited to, the following:
1. The Delaware State Police;
2. All law-enforcement agencies and police departments of any political subdivision of this State;
3. The State Department of Justice;
4. The Office of the Solicitor of the City of Wilmington;
5. The Delaware Criminal Justice Information System, Office of the Director;
6. The Department of Correction;
7. The Division of Youth Rehabilitative Services;
8. The Division of Family Services;
9. The Division of Alcohol and Tobacco Enforcement;
10. The Federal Bureau of Investigation; and
11. The Division of Professional Regulation.
(6) "Criminal Justice Information System" shall mean the computer hardware, software and communications network managed, operated
and/or maintained for the Delaware Criminal Justice Information System.
(7) "Disposition" shall include, but not be limited to, trial verdicts of guilty or not guilty, nolle prosequis, Attorney
General probations, pleas of guilty or nolo contendere, dismissals, incompetence to stand trial, findings of delinquency or
nondelinquency and initiation and completion of appellate proceeding.
(8) "Dissemination" shall mean the transmission of criminal history record information, or the confirmation of the existence
or nonexistence of such information. The term shall not include:
a. Internal use of information by an officer or employee of the agency which maintains such information;
b. Transmission of information to the State Bureau of Identification;
c. Transmission of information to another criminal justice agency in order to permit the initiation of subsequent criminal
justice proceedings;
d. Transmission of information in response to inquiries from criminal justice agencies via authorized system terminals, which
agencies provide and/or maintain the information through those terminals.
(9) "Governmental agency" shall mean any agency of the government of the United States or the State of Delaware or any political
subdivision thereof. It does not include a private individual, any private corporate entity or other nongovernmental entity.
(10) "Law-enforcement officer" shall include police officers, special investigators pursuant to § 9016 of Title 29, the Attorney
General and the Attorney General's deputies, state fire marshals, municipal fire marshals that are graduates of a Delaware
Police Academy which is accredited/authorized by the Council on Police Training, sworn members of the City of Wilmington Fire
Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training,
environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, environmental
protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, sheriffs and their
regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement correctional officers and constables.
(11) "Nonconviction data" means arrest information without disposition if an interval of 1 year has elapsed from the date
of arrest and no active prosecution of the charge is pending, or information disclosing that the police have elected not to
refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings
have been indefinitely postponed, as well as all acquittals and all dismissals.
(12) "Recipient agency" means any government agency which is directed or authorized by law to conduct a criminal history background
check for the purposes of employing or licensing any individual in this State.
(13) "Release status" shall mean information concerning whether or not an individual is incarcerated and the reason therefor,
which shall include but is not limited to information concerning releases on bail, or on own recognizance, commitments in
default of bail, referrals to other agencies, decision of prosecutors not to commence or to postpone criminal proceedings,
release from institutions and any conditions imposed concerning those released.
63 Del. Laws, c. 188, § 1; 65 Del. Laws, c. 452, §§ 1-3; 68 Del. Laws, c. 101, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, §§ 12, 13; 71 Del. Laws, c. 205, § 1; 72 Del. Laws, c. 50, § 1; 72 Del. Laws, c. 371, § 3; 72 Del. Laws, c. 379, §§ 4, 5; 73 Del. Laws, c. 249, § 3; 73 Del. Laws, c. 252, §§ 1-5; 74 Del. Laws, c. 224, § 1; 74 Del. Laws, c. 250, § 2; 77 Del. Laws, c. 326, § 1.;
§ 8503. Function; administration; appointment of Director.
(a) The State Bureau of Identification, hereinafter referred to as the "Bureau," is continued within the Division of State
Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional
information as specified in this subchapter.
(b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped
and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security.
(c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security,
a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced
in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject
to the same rules and regulations governing the State Police.
(d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body
established for the collection, retention and dissemination of criminal history information.
42 Del. Laws, c. 181, § 1; 11 Del. C. 1953, § 8501; 57 Del. Laws, c. 670, §§ 4A, 4B; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 138.;
§ 8504. Personnel.
The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed
necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them.
42 Del. Laws, c. 181, § 2; 11 Del. C. 1953, § 8502; 63 Del. Laws, c. 188, § 1.;
§ 8505. Duty to provide security of criminal history record information and security investigations.
(a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau.
(b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized
agency, shall be protected from unauthorized access, disclosure or dissemination.
(c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar
with the substance and intent of this chapter.
(d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or
employees of a criminal justice agency, and, as necessary, to other authorized personnel essential to the proper operation
of the criminal history record information system.
(e) The Director shall be responsible for investigations of violations of this chapter.
63 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 101, § 2.;
§ 8506. Duty to maintain complete and accurate records; performance of annual audit.
(a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum
extent feasible.
(b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal
justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter.
(c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end
of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau
may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that
person reaches age 80 or reaches age 75 with no criminal activity listed on the person's record in the past 40 years, whichever
shall first occur, except as otherwise provided by statute.
(d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify
all criminal justice agencies, and all other persons and agencies, known to have received such information.
(e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information
having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy.
(f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining
data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall
be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each
audit made pursuant to this subsection shall be communicated to the individual agency so audited.
42 Del. Laws, c. 181, § 9; 11 Del. C. 1953, § 8509; 63 Del. Laws, c. 188, § 1; 67 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8507. Information to be supplied by law-enforcement officers.
(a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau:
(1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director
may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to:
a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United
States Department of Justice;
b. Being a fugitive from justice;
(2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons;
(3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit
to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon;
(4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting
officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender's
method of operation, changes in release status and such other information as the Director may require;
(5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops,
second-hand dealers and dealers in weapons.
(b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals
are attired in civilian clothes.
42 Del. Laws, c. 181, §§ 3, 6; 11 Del. C. 1953, §§ 8503, 8506; 61 Del. Laws, c. 321, § 1; 63 Del. Laws, c. 188, § 1.;
§ 8508. Information to be supplied by court officials.
Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable
offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the
Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency,
or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days
of said action.
42 Del. Laws, c. 181, § 4; 11 Del. C. 1953, § 8504; 63 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 101, § 3.;
§ 8509. Information to be supplied by heads of institutions.
Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons
declared to be not guilty by reason of mental illness, or declared incompetent to stand trial for criminal offenses or involuntarily
committed for mental illness pursuant to Chapter 50 of Title 16, shall transmit to the Bureau the names, dates of birth and
social security numbers of all adults so committed and shall report any subsequent change in release status. Every person
in responsible charge of such institutions shall also forward to the Bureau the names and photographs of all individuals who
are to be discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken
immediately before release of such individuals, and the individual shall be attired in civilian clothes.
42 Del. Laws, c. 181, § 5; 11 Del. C. 1953, § 8505; 63 Del. Laws, c. 188, § 1; 69 Del. Laws, c. 224, § 2; 70 Del. Laws, c. 186, § 1.;
§ 8510. Information to be supplied by Department of Correction and Division of Youth Rehabilitative Services.
The Department of Correction and the Division of Youth Rehabilitative Services shall, within 48 hours, transmit to the Bureau:
(1) The names, fingerprints, photographs and other data prescribed by the Director, concerning all persons who are received
or committed to such penal institution, or who are placed on parole or probation for any offense. Such photographs shall be
of a recent date, and taken while such individuals are attired in civilian clothes;
(2) The names and photographs of all prisoners who are to be released or discharged from such institutions, after having been
confined in such institutions. Such photographs shall be taken immediately before release of such persons, and the person
shall be attired in civilian clothes;
(3) Notice of all paroles granted, revoked or completed, changes in release status, conditional releases, commutations of
sentence, pardons and deaths of all persons described in paragraphs (1) and (2) of this section.
63 Del. Laws, c. 188, § 1; 65 Del. Laws, c. 452, § 4; 70 Del. Laws, c. 186, § 1.;
§ 8510A. Information to be supplied by Division of Professional Regulation.
The Division of Professional Regulation shall transmit to the Bureau, in such manner as the Director shall designate, certain
information regarding the Division's investigations, civil enforcement actions or complaints, and changes in license status
when such information is related to alleged criminal conduct. By December 27, 2010, the Division, in cooperation with the
Executive Director of the Delaware Criminal Justice Information System, shall promulgate regulations governing what information
the Division must supply to the Bureau, and the time period in which it must do so.
77 Del. Laws, c. 326, § 2.;
§ 8511. Time period for submission of required information.
If no time period is prescribed in this subchapter for the submission of information to the Bureau, the information required
shall be submitted within such time period and in such manner as the Director shall designate.
42 Del. Laws, c. 181, § 7; 11 Del. C. 1953, § 8507; 63 Del. Laws, c. 188, § 1.;
§ 8512. Access to institutions and public records.
Any employee of the Bureau, upon written authorization by the Director, may enter any correctional center or mental institution
to take or cause to be taken fingerprints or photographs or to conduct investigations relative to any person confined therein,
for the purpose of obtaining information which may lead to the identification of criminals; and every person who has charge
or custody of public records or documents from which it may reasonably be supposed that information described in this subchapter
can be obtained, shall grant access thereto to any employee of the Bureau upon written authorization by the Director or shall
produce such records or documents for the inspection and examination of such employee.
42 Del. Laws, c. 181, § 8; 11 Del. C. 1953, § 8508; 63 Del. Laws, c. 188, § 1.;
§ 8513. Dissemination of criminal history record information [Effective until Oct. 10, 2010]
(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal
history of any person or persons of whom the Bureau has a record to:
(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency
and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal
justice and/or criminal justice employment;
(2) Any person or the person's attorney of record who requests a copy of the person's own Delaware criminal history record,
provided that such person:
a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify
one's self as the person whose record this individual seeks; and
b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
(3) The State Public Defender when requesting information about an individual for whom the State Public Defender is attorney
of record.
(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the
Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards
set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall
apply to the dissemination of criminal history record information to:
(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision
or order;
(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required
for the administration of criminal justice pursuant to that agreement. Said agreement shall embody a user agreement as prescribed
in § 8514 of this title;
(3) Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to a specific
agreement with a criminal justice agency. Said agency shall embody a user agreement as prescribed in § 8514 of this title;
(4) Individuals and agencies for purposes of international travel;
(5) Individuals and agencies required to provide a security clearance for matters of national security.
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the
Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard
set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply
to the dissemination of conviction data to:
(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
and
b. The use of the conviction data shall be limited to the purpose for which it was given;
(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given,
and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State
Police.
(d) Dissemination of criminal history record information by any person or agency other than the Bureau or its designee is
prohibited. This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is
of the essence and the Bureau is technologically incapable of responding within the necessary time period. Under such circumstances
the foregoing rules concerning dissemination are to be adhered to.
(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting
and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited
to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.
(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination
of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of
the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.
(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal
case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection,
"juror" includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit
the disclosure of such information as may be necessary to investigate misconduct by any juror.
(h) Notwithstanding any law or court rule to the contrary, criminal history record information disseminated pursuant to subsection
(c) of this section shall not include information pertaining to any charge resolved by probation before judgment as set forth
in § 4218 of this title, or by the First Offenders Controlled Substances Diversion Program as set forth in § 4764 of Title
16, once all terms and conditions of any period of probation imposed pursuant to said sections have been completed to the
satisfaction of the Court and the defendant is discharged from probation. Nothing in this subsection shall prevent the dissemination
of such information to any criminal justice agency.
42 Del. Laws, c. 181, § 11; 11 Del. C. 1953, § 8511; 59 Del. Laws, c. 551; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 385, § 1; 76 Del. Laws, c. 392, § 5.;
§ 8513. Dissemination of criminal history record information [Effective Oct. 10, 2010]
(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal
history of any person or persons of whom the Bureau has a record to:
(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency
and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal
justice and/or criminal justice employment;
(2) Any person or the person's attorney of record who requests a copy of the person's own Delaware criminal history record,
provided that such person:
a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify
one's self as the person whose record this individual seeks; and
b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
(3) The State Public Defender when requesting information about an individual for whom the State Public Defender is attorney
of record.
(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the
Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards
set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall
apply to the dissemination of criminal history record information to:
(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision
or order;
(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required
for the administration of criminal justice pursuant to that agreement. Said agreement shall embody a user agreement as prescribed
in § 8514 of this title;
(3) Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to a specific
agreement with a criminal justice agency. Said agency shall embody a user agreement as prescribed in § 8514 of this title;
(4) Individuals and agencies for purposes of international travel;
(5) Individuals and agencies required to provide a security clearance for matters of national security.
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the
Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard
set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply
to the dissemination of conviction data to:
(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
and
b. The use of the conviction data shall be limited to the purpose for which it was given;
(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given,
and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State
Police.
(d) Dissemination of criminal history record information by any person or agency other than the Bureau or its designee is
prohibited. This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is
of the essence and the Bureau is technologically incapable of responding within the necessary time period. Under such circumstances
the foregoing rules concerning dissemination are to be adhered to.
(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting
and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited
to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.
(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination
of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of
the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.
(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal
case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection,
"juror" includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit
the disclosure of such information as may be necessary to investigate misconduct by any juror.
(h) [Repealed.]
42 Del. Laws, c. 181, § 11; 11 Del. C. 1953, § 8511; 59 Del. Laws, c. 551; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 385, § 1; 76 Del. Laws, c. 392, § 5; 77 Del. Laws, c. 348, § 8.;
§ 8513A. Governmental agency access to the Criminal Justice Information System (CJIS)
Access to the Criminal Justice Information System, including computerized criminal history, shall be available to governmental
agencies (as defined by this statute); provided, that the requesting agency meets the following conditions:
(1) In order to be eligible to obtain information from CJIS, an agency must offer written evidence that the public interest
in dissemination or access outweighs the security and privacy interests of the person or persons upon whom access is sought,
and that access is germane to the mission of the agency.
(2) The agency shall submit to an application procedure as established by the Board of Managers. Said procedure shall identify
the specific information being sought.
(3) Approval of the agency's application, which may be in whole, in part, or as modified by the Board, shall require a two-thirds
majority of the entire Board of Managers.
(4) Upon approval of the agency's application, the agency shall enter into a user's agreement as prescribed in § 8514 of this
title.
(5) The agency shall bear all costs associated with CJIS access, once granted. This section does not pertain to access to
police complaint information contained in CJIS collected as a result of the requirements as specified in § 8507(a)(4) of this
title. Such access shall remain within the discretion of the Director of the State Bureau of Identification.
71 Del. Laws, c. 205, § 2.;
§ 8514. User agreements.
(a) Use of criminal history record information disseminated to noncriminal justice agencies shall be restricted to the purpose
for which it was given.
(b) No criminal justice agency shall disseminate criminal history record information to any person or agency pursuant to §
8513(a)(3) and (b)(1), (2) and (3) of this title unless said person or agency enters into a user agreement with the Bureau,
which agreement shall:
(1) Specifically authorize access to the data or information;
(2) Limit the use of the data or information to purpose for which it was given;
(3) Ensure the security and confidentiality of the data or information consistent with this chapter.
(c) An individual or agency which has entered into a user agreement as prescribed by subsection (b) of this section, and which
knowingly or recklessly violates the terms of that agreement, shall be guilty of a class A misdemeanor and shall be punished
according to Chapter 42 of this title. Upon such violation, the user agreement shall be terminable at the option of the Bureau.
63 Del. Laws, c. 188, § 1.;
§ 8515. Furnishing information of injured or deceased persons.
If a law-enforcement officer or the Office of the Chief Medical Examiner transmits to the Bureau the identification data of
any unidentified deceased or injured person or any person suffering from loss of memory, the Bureau shall furnish to such
officer or Office any information available pertaining to the identification of such person.
42 Del. Laws, c. 181, § 12; 11 Del. C. 1953, § 8512; 63 Del. Laws, c. 188, § 1.;
§ 8516. Furnishing information without application.
Although no application for information has been made to the Bureau as provided in § 8513 of this title, the Bureau may transmit
such information as the Director, in the Director's discretion, designates to such persons as are authorized by § 8513 of
this title to make application for it and as are designated by the Director.
42 Del. Laws, c. 181, § 13; 11 Del. C. 1953, § 8513; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8517. Local assistance.
(a) At the request of any officer or official described in §§ 8507, 8509 and 8510 of this title, the Superintendent of State
Police may direct the Director to assist such officer:
(1) In the establishment of local identification and record system;
(2) In investigating the circumstances of any crime and in the identification, apprehension and conviction of the perpetrator
or perpetrators thereof, and for this purpose may detail such employee or employees of the Bureau, for such length of time
as the Director deems fit; and
(3) Without such request the Director shall, at the direction of the Governor, detail such employee or employees, for such
time as the Governor deems fit, to investigate any crime within this State, for the purpose of identifying, apprehending and
convicting the perpetrator or perpetrators thereof.
(b) The Governor may, in the Governor's discretion, delegate to the Secretary of Public Safety the powers, duties or functions
set forth in this section.
42 Del. Laws, c. 181, § 14; 11 Del. C. 1953, § 8514; 57 Del. Laws, c. 670, § 4C; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8518. Scientific crime detection laboratory.
To the end that the Bureau may be able to furnish the assistance and aid specified in § 8517 of this title, the Superintendent
of the State Police may direct the Director to organize in the Bureau and maintain therein scientific crime detection laboratory
facilities.
42 Del. Laws, c. 181, § 15; 11 Del. C. 1953, § 8515; 63 Del. Laws, c. 188, § 1.;
§ 8519. Certified copies of records.
Any copy of a record, picture, photograph, fingerprint or other paper or document in the files of the Bureau certified by
the Director or the Director's designee to be a true copy of the original shall be admissible in evidence in any court of
this State in the same manner as the original might be.
42 Del. Laws, c. 181, § 16; 11 Del. C. 1953, § 8516; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8520. Annual report.
The Director shall submit to the Superintendent of State Police an annual report of the conduct of the office. This report
shall present summary statistics of the information collected by the Bureau.
42 Del. Laws, c. 181, § 17; 11 Del. C. 1953, § 8517; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8521. Access to files.
Only employees of the Bureau and persons specifically authorized by the Director shall have access to the files or records
of the Bureau. No such file or record or information shall be disclosed by any person so authorized except to officials as
in this subchapter provided.
42 Del. Laws, c. 181, § 18; 11 Del. C. 1953, § 8518; 63 Del. Laws, c. 188, § 1.;
§ 8522. Authority to take fingerprints, photographs and other data.
(a) To the end that the officers and officials described in §§ 8507, 8509, 8510 and 8525 of this title may be enabled to transmit
the reports required of them, such officers and officials shall have the authority and duty to take, or cause to be taken,
fingerprints, photographs and other data of persons described in such section. A like authority shall be had by employees
of the Bureau who are authorized to enter any institution under § 8512 of this title, as to persons confined in such institutions.
(b) Every person arrested for a crime or crimes enumerated in § 8507 of this title shall submit to being fingerprinted, photographed
and shall supply such information as required by the Superintendent. Whoever shall fail to comply with this section shall
be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. The Justice of the Peace Court
shall have jurisdiction over violations of this section.
42 Del. Laws, c. 181, § 19; 11 Del. C. 1953, § 8519; 63 Del. Laws, c. 188, § 1; 74 Del. Laws, c. 322, § 6.;
§ 8523. Penalties.
(a) Whoever intentionally neglects or refuses to make any report lawfully required of the person under this subchapter, or
to do or perform any other act so required to be done or performed by the person, or hinders or prevents another from doing
an act so required to be done by such person, shall be guilty of a class A misdemeanor and shall be punished according to
Chapter 42 of this title.
(b) Any person who knowingly and wrongfully destroys or falsifies by addition or deletion any computerized or manual record
of the Bureau or of a criminal justice agency, which contains criminal history record information, or who knowingly permits
another to do so, shall be guilty of a class E felony and shall be punished according to Chapter 42 of this title.
(c) Any person who knowingly provides CHRI to another for profit is guilty of a class E felony and shall be punished according
to Chapter 42 of this title.
(d) Any person who knowingly provides criminal history record information to a person or agency not authorized by this subchapter
to receive such information or who knowingly and wrongfully obtains or uses such information shall be guilty of a class A
misdemeanor and shall be punished according to Chapter 42 of this title.
(e) Conviction of a violation of this section shall be prima facie grounds for removal from employment by the State or any
political subdivision thereof, in addition to any fine or other sentence imposed.
42 Del. Laws, c. 181, §§ 20, 21; 11 Del. C. 1953, §§ 8520, 8521; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8524. Admissible evidence.
Nothing in this subchapter, or amendments adopted pursuant thereto, shall provide the basis for exclusion or suppression of
otherwise admissible evidence in any proceeding before a court, or other official body empowered to subpoena such evidence.
63 Del. Laws, c. 188, § 1.;
§ 8525. Information voluntarily supplied by individuals.
Whenever a person appears before any of the officers mentioned in § 8507 of this title, and requests an impression of the
person's fingerprints, such mentioned officer shall comply with the request, and make at least 2 copies of the impressions
on forms supplied by the Bureau. One copy shall be forwarded to the Federal Bureau of Investigation at Washington, D.C., and
1 copy shall be forwarded promptly to the Bureau, subject to § 8513 of this title, together with any personal identification
data obtainable. The Bureau shall accept and file such fingerprints and personal identification data submitted voluntarily
by such resident in a separate filing system, for the purpose of securing a more certain and easy identification in case of
death, injury, loss of memory or change of appearance.
42 Del. Laws, c. 181, § 10; 11 Del. C. 1953, § 8510; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8526. Voluntary fingerprinting of certain school children.
(a) The Superintendent of State Police shall provide for the training on a time-available basis of volunteers who are nominated
by the board of education of each reorganized school district or board of trustees of each private school from parent teacher
associations, parent teacher organizations, citizens' advisory councils or other involved groups such as the Girls' Clubs
of Delaware, Incorporated, who are involved in student activities or pilot programs dealing with the subject at hand, or as
individuals for the purpose of voluntary fingerprinting of pupils in any grades from kindergarten through grade 9. Upon completion
of such training prescribed by the Superintendent of State Police, such volunteers may take fingerprints pursuant to this
section.
(b) Public and private school officials shall cooperate with the aforesaid organizations in the nomination of volunteers and
in setting dates for fingerprinting pupils pursuant to this section and providing school facilities and personnel to assist
the volunteers in the fingerprinting process; provided, however, unless otherwise approved by the local board of education
that fingerprinting of a pupil shall not occur during school hours for said pupil.
(c) Each school shall provide a form authorizing a pupil's participation in the fingerprinting program upon the signature
of the pupil's parent or guardian. No pupil shall be fingerprinted unless a signed authorization form is in the possession
of school officials or person conducting the fingerprinting.
(d) School officials shall notify the parents or guardians of eligible pupils of the date set for the fingerprinting program
at least 2 weeks prior thereto. For purposes of this subsection, "eligible pupils" means pupils who have not been fingerprinted
previously pursuant to this section.
(e) Fingerprinting pursuant to this section shall be done on a fingerprint card provided by the school with the form thereof
approved by the Superintendent of State Police. In addition to fingerprints the card shall contain the following information:
Name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the
name of the parent or guardian of the pupil.
(f) The completed fingerprint card and any duplicate shall be given to the pupil's parent or guardian. Only upon the request
of the pupil's parent or guardian may a duplicate fingerprint card be made.
64 Del. Laws, c. 201, § 1.;
§ 8527. Criminal history background checks; state and/or federal CHRI reports; receipt by government agencies; procedures.
(a) Notwithstanding any other provision of the law to the contrary, any recipient agency seeking a criminal history background
check for the purposes of employing or licensing any individual in this State pursuant to a statutory mandate or authorization
shall submit to the Bureau, in the manner and form designated by the Superintendent of State Police, fingerprints and other
necessary information in order to obtain the following:
(1) A report of the individual's entire state criminal history record information from the Bureau or a statement from the
Bureau that the State Bureau of Identification Central Repository contains no such information relating to that person (state
CHRI report); and
(2) A report of the individual's entire federal criminal history record information from the Federal Bureau of Investigation
(federal CHRI report).
(b) Unless otherwise specified by statute, the recipient agency shall pay to the Bureau all fees associated with the acquisition
of state and federal CHRI reports.
(c) All CHRI reports obtained pursuant this section shall be forwarded to the recipient agency for review associated with
the employment and/or licensing of the individual for whom the CHRI reports are sought. For the purposes of this section the
Bureau shall be the intermediary and the recipient agency shall be the screening point for the receipt of CHRI reports.
(d) All CHRI reports obtained pursuant to this section are confidential and may only be disclosed to the chief officer of
the recipient agency, or his or her designee, or to the individual employed by the recipient agency who has been designated
by statute to receive CHRI reports. If disclosed to a designee of the chief officer of the recipient agency, then prior to
processing any state or federal CHRI reports, said designee shall receive training in confidentiality and shall sign an agreement
to keep such information confidential. Notwithstanding the foregoing and unless otherwise specified by statute, any recipient
agency to whom a CHRI report has been disclosed pursuant to this section shall review such CHRI report with the individual
for whom it was sought upon the individual's request.
(e) The State Bureau of Identification may release any subsequent CHRI reports to a recipient agency when properly requested.
No federal CHRI report shall be disclosed to any private entity at any time except as expressly authorized by the Federal
Bureau of Investigation.
(f) Information provided to the recipient agency pursuant this section by the individual for whom any CHRI report is being
sought shall be accompanied by an oath or affirmation provided by the recipient agency and signed by the individual under
penalty of perjury:
(1) Indicating that said information is true and complete to the best of the individual's knowledge; and
(2) Acknowledging that knowingly and intentionally providing false, incomplete or inaccurate information is a felony.
(g) Any person for whom a CHRI report is being sought pursuant to this section who knowingly and intentionally provides a
recipient agency or the Bureau with false, incomplete or inaccurate information shall be guilty of a class F felony and shall
be punished according to Chapter 42 of this title. Conviction pursuant to this subsection shall not preclude prosecution for
perjury in the second degree pursuant to Chapter 5 of this title.
(h) This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing
or licensing any individual in this State.
73 Del. Laws, c. 252, § 6; 70 Del. Laws, c. 186, § 1.;
(a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system
in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies
and courts of the State for accurate and current criminal history record information, and the right of individuals to be free
from improper and unwarranted intrusions into their privacy.
(b) In order to achieve this result, the General Assembly finds that there is a need:
(1) To designate the State Bureau of Identification as the central state repository for criminal history record information;
(2) To require the rapid identification, classification and filing of fingerprints;
(3) To require the reporting of accurate, relevant and current information to the central repository by all criminal justice
agencies;
(4) To insure that criminal history record information is kept accurate and current; and
(5) To prohibit the improper dissemination of such information.
(c) This subchapter is intended to provide a basic statutory framework within which these objectives can be attained.
63 Del. Laws, c. 188, § 1.;
§ 8502. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) "Administration of criminal justice" shall mean performance of any of the following activities: Detection, apprehension,
detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision, or rehabilitation of accused
persons or criminal offenders, criminal identification activities, and the collection, storage and dissemination of criminal
history record information.
(2) "Conviction data" means any criminal history record information relating to an arrest which has led to a conviction or
other disposition adverse to the subject. "Conviction or other disposition adverse to the subject" means any disposition of
charges, except a decision not to prosecute, a dismissal or acquittal; provided, however, that a dismissal entered after a
period of probation, suspension or deferral of sentence shall be considered a disposition adverse to the subject.
(3) "Criminal history background check" means the acquisition of state or federal criminal history record information for
an individual.
(4) "Criminal history record information" shall mean information collected by state or federal criminal justice agencies on
individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other
formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. "Criminal
history record information" shall include the names and identification numbers of police, probation, and parole officers,
and such information shall not be within the definition of a "public record" for purposes of the Freedom of Information Act,
Chapter 100 of Title 29. Pursuant to the provisions of this subchapter, upon application the State Bureau of Investigation
shall release to members of the news media, and to individuals and agencies as defined by this subchapter, a random number
that is unique and permanent to each arresting officer as a surrogate for the officer's agency or department-issued identification
number. The term does not include identification information such as fingerprint records to the extent that such information
does not indicate involvement of the individual in the criminal justice system. Nor shall the term include information contained
in:
a. Posters, announcements or lists for identifying or apprehending fugitives or wanted persons;
b. Original records of entry such as police blotters maintained by criminal justice agencies which are compiled chronologically
and required by law with long-standing custom to be made public, if such records are organized on a chronological basis;
c. Court records of public judicial proceedings;
d. Published court or administrative opinions or public judicial, administrative or legislative proceedings;
e. Records of traffic offenses maintained by the Division of Motor Vehicles for the purpose of regulating the issuance, supervision,
revocation or renewal of driver's, pilot's or other operator's licenses;
f. Announcements of executive clemency.
(5) "Criminal justice agency" shall mean:
a. Every court of this State and of every political subdivision thereof;
b. A government agency or any sub-unit thereof which performs the administration of criminal justice pursuant to statute or
executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Such
agencies shall include, but not be limited to, the following:
1. The Delaware State Police;
2. All law-enforcement agencies and police departments of any political subdivision of this State;
3. The State Department of Justice;
4. The Office of the Solicitor of the City of Wilmington;
5. The Delaware Criminal Justice Information System, Office of the Director;
6. The Department of Correction;
7. The Division of Youth Rehabilitative Services;
8. The Division of Family Services;
9. The Division of Alcohol and Tobacco Enforcement;
10. The Federal Bureau of Investigation; and
11. The Division of Professional Regulation.
(6) "Criminal Justice Information System" shall mean the computer hardware, software and communications network managed, operated
and/or maintained for the Delaware Criminal Justice Information System.
(7) "Disposition" shall include, but not be limited to, trial verdicts of guilty or not guilty, nolle prosequis, Attorney
General probations, pleas of guilty or nolo contendere, dismissals, incompetence to stand trial, findings of delinquency or
nondelinquency and initiation and completion of appellate proceeding.
(8) "Dissemination" shall mean the transmission of criminal history record information, or the confirmation of the existence
or nonexistence of such information. The term shall not include:
a. Internal use of information by an officer or employee of the agency which maintains such information;
b. Transmission of information to the State Bureau of Identification;
c. Transmission of information to another criminal justice agency in order to permit the initiation of subsequent criminal
justice proceedings;
d. Transmission of information in response to inquiries from criminal justice agencies via authorized system terminals, which
agencies provide and/or maintain the information through those terminals.
(9) "Governmental agency" shall mean any agency of the government of the United States or the State of Delaware or any political
subdivision thereof. It does not include a private individual, any private corporate entity or other nongovernmental entity.
(10) "Law-enforcement officer" shall include police officers, special investigators pursuant to § 9016 of Title 29, the Attorney
General and the Attorney General's deputies, state fire marshals, municipal fire marshals that are graduates of a Delaware
Police Academy which is accredited/authorized by the Council on Police Training, sworn members of the City of Wilmington Fire
Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training,
environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, environmental
protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, sheriffs and their
regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement correctional officers and constables.
(11) "Nonconviction data" means arrest information without disposition if an interval of 1 year has elapsed from the date
of arrest and no active prosecution of the charge is pending, or information disclosing that the police have elected not to
refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings
have been indefinitely postponed, as well as all acquittals and all dismissals.
(12) "Recipient agency" means any government agency which is directed or authorized by law to conduct a criminal history background
check for the purposes of employing or licensing any individual in this State.
(13) "Release status" shall mean information concerning whether or not an individual is incarcerated and the reason therefor,
which shall include but is not limited to information concerning releases on bail, or on own recognizance, commitments in
default of bail, referrals to other agencies, decision of prosecutors not to commence or to postpone criminal proceedings,
release from institutions and any conditions imposed concerning those released.
63 Del. Laws, c. 188, § 1; 65 Del. Laws, c. 452, §§ 1-3; 68 Del. Laws, c. 101, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, §§ 12, 13; 71 Del. Laws, c. 205, § 1; 72 Del. Laws, c. 50, § 1; 72 Del. Laws, c. 371, § 3; 72 Del. Laws, c. 379, §§ 4, 5; 73 Del. Laws, c. 249, § 3; 73 Del. Laws, c. 252, §§ 1-5; 74 Del. Laws, c. 224, § 1; 74 Del. Laws, c. 250, § 2; 77 Del. Laws, c. 326, § 1.;
§ 8503. Function; administration; appointment of Director.
(a) The State Bureau of Identification, hereinafter referred to as the "Bureau," is continued within the Division of State
Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional
information as specified in this subchapter.
(b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped
and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security.
(c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security,
a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced
in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject
to the same rules and regulations governing the State Police.
(d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body
established for the collection, retention and dissemination of criminal history information.
42 Del. Laws, c. 181, § 1; 11 Del. C. 1953, § 8501; 57 Del. Laws, c. 670, §§ 4A, 4B; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 138.;
§ 8504. Personnel.
The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed
necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them.
42 Del. Laws, c. 181, § 2; 11 Del. C. 1953, § 8502; 63 Del. Laws, c. 188, § 1.;
§ 8505. Duty to provide security of criminal history record information and security investigations.
(a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau.
(b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized
agency, shall be protected from unauthorized access, disclosure or dissemination.
(c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar
with the substance and intent of this chapter.
(d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or
employees of a criminal justice agency, and, as necessary, to other authorized personnel essential to the proper operation
of the criminal history record information system.
(e) The Director shall be responsible for investigations of violations of this chapter.
63 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 101, § 2.;
§ 8506. Duty to maintain complete and accurate records; performance of annual audit.
(a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum
extent feasible.
(b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal
justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter.
(c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end
of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau
may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that
person reaches age 80 or reaches age 75 with no criminal activity listed on the person's record in the past 40 years, whichever
shall first occur, except as otherwise provided by statute.
(d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify
all criminal justice agencies, and all other persons and agencies, known to have received such information.
(e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information
having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy.
(f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining
data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall
be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each
audit made pursuant to this subsection shall be communicated to the individual agency so audited.
42 Del. Laws, c. 181, § 9; 11 Del. C. 1953, § 8509; 63 Del. Laws, c. 188, § 1; 67 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8507. Information to be supplied by law-enforcement officers.
(a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau:
(1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director
may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to:
a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United
States Department of Justice;
b. Being a fugitive from justice;
(2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons;
(3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit
to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon;
(4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting
officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender's
method of operation, changes in release status and such other information as the Director may require;
(5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops,
second-hand dealers and dealers in weapons.
(b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals
are attired in civilian clothes.
42 Del. Laws, c. 181, §§ 3, 6; 11 Del. C. 1953, §§ 8503, 8506; 61 Del. Laws, c. 321, § 1; 63 Del. Laws, c. 188, § 1.;
§ 8508. Information to be supplied by court officials.
Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable
offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the
Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency,
or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days
of said action.
42 Del. Laws, c. 181, § 4; 11 Del. C. 1953, § 8504; 63 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 101, § 3.;
§ 8509. Information to be supplied by heads of institutions.
Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons
declared to be not guilty by reason of mental illness, or declared incompetent to stand trial for criminal offenses or involuntarily
committed for mental illness pursuant to Chapter 50 of Title 16, shall transmit to the Bureau the names, dates of birth and
social security numbers of all adults so committed and shall report any subsequent change in release status. Every person
in responsible charge of such institutions shall also forward to the Bureau the names and photographs of all individuals who
are to be discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken
immediately before release of such individuals, and the individual shall be attired in civilian clothes.
42 Del. Laws, c. 181, § 5; 11 Del. C. 1953, § 8505; 63 Del. Laws, c. 188, § 1; 69 Del. Laws, c. 224, § 2; 70 Del. Laws, c. 186, § 1.;
§ 8510. Information to be supplied by Department of Correction and Division of Youth Rehabilitative Services.
The Department of Correction and the Division of Youth Rehabilitative Services shall, within 48 hours, transmit to the Bureau:
(1) The names, fingerprints, photographs and other data prescribed by the Director, concerning all persons who are received
or committed to such penal institution, or who are placed on parole or probation for any offense. Such photographs shall be
of a recent date, and taken while such individuals are attired in civilian clothes;
(2) The names and photographs of all prisoners who are to be released or discharged from such institutions, after having been
confined in such institutions. Such photographs shall be taken immediately before release of such persons, and the person
shall be attired in civilian clothes;
(3) Notice of all paroles granted, revoked or completed, changes in release status, conditional releases, commutations of
sentence, pardons and deaths of all persons described in paragraphs (1) and (2) of this section.
63 Del. Laws, c. 188, § 1; 65 Del. Laws, c. 452, § 4; 70 Del. Laws, c. 186, § 1.;
§ 8510A. Information to be supplied by Division of Professional Regulation.
The Division of Professional Regulation shall transmit to the Bureau, in such manner as the Director shall designate, certain
information regarding the Division's investigations, civil enforcement actions or complaints, and changes in license status
when such information is related to alleged criminal conduct. By December 27, 2010, the Division, in cooperation with the
Executive Director of the Delaware Criminal Justice Information System, shall promulgate regulations governing what information
the Division must supply to the Bureau, and the time period in which it must do so.
77 Del. Laws, c. 326, § 2.;
§ 8511. Time period for submission of required information.
If no time period is prescribed in this subchapter for the submission of information to the Bureau, the information required
shall be submitted within such time period and in such manner as the Director shall designate.
42 Del. Laws, c. 181, § 7; 11 Del. C. 1953, § 8507; 63 Del. Laws, c. 188, § 1.;
§ 8512. Access to institutions and public records.
Any employee of the Bureau, upon written authorization by the Director, may enter any correctional center or mental institution
to take or cause to be taken fingerprints or photographs or to conduct investigations relative to any person confined therein,
for the purpose of obtaining information which may lead to the identification of criminals; and every person who has charge
or custody of public records or documents from which it may reasonably be supposed that information described in this subchapter
can be obtained, shall grant access thereto to any employee of the Bureau upon written authorization by the Director or shall
produce such records or documents for the inspection and examination of such employee.
42 Del. Laws, c. 181, § 8; 11 Del. C. 1953, § 8508; 63 Del. Laws, c. 188, § 1.;
§ 8513. Dissemination of criminal history record information [Effective until Oct. 10, 2010]
(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal
history of any person or persons of whom the Bureau has a record to:
(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency
and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal
justice and/or criminal justice employment;
(2) Any person or the person's attorney of record who requests a copy of the person's own Delaware criminal history record,
provided that such person:
a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify
one's self as the person whose record this individual seeks; and
b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
(3) The State Public Defender when requesting information about an individual for whom the State Public Defender is attorney
of record.
(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the
Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards
set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall
apply to the dissemination of criminal history record information to:
(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision
or order;
(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required
for the administration of criminal justice pursuant to that agreement. Said agreement shall embody a user agreement as prescribed
in § 8514 of this title;
(3) Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to a specific
agreement with a criminal justice agency. Said agency shall embody a user agreement as prescribed in § 8514 of this title;
(4) Individuals and agencies for purposes of international travel;
(5) Individuals and agencies required to provide a security clearance for matters of national security.
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the
Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard
set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply
to the dissemination of conviction data to:
(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
and
b. The use of the conviction data shall be limited to the purpose for which it was given;
(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given,
and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State
Police.
(d) Dissemination of criminal history record information by any person or agency other than the Bureau or its designee is
prohibited. This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is
of the essence and the Bureau is technologically incapable of responding within the necessary time period. Under such circumstances
the foregoing rules concerning dissemination are to be adhered to.
(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting
and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited
to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.
(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination
of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of
the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.
(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal
case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection,
"juror" includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit
the disclosure of such information as may be necessary to investigate misconduct by any juror.
(h) Notwithstanding any law or court rule to the contrary, criminal history record information disseminated pursuant to subsection
(c) of this section shall not include information pertaining to any charge resolved by probation before judgment as set forth
in § 4218 of this title, or by the First Offenders Controlled Substances Diversion Program as set forth in § 4764 of Title
16, once all terms and conditions of any period of probation imposed pursuant to said sections have been completed to the
satisfaction of the Court and the defendant is discharged from probation. Nothing in this subsection shall prevent the dissemination
of such information to any criminal justice agency.
42 Del. Laws, c. 181, § 11; 11 Del. C. 1953, § 8511; 59 Del. Laws, c. 551; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 385, § 1; 76 Del. Laws, c. 392, § 5.;
§ 8513. Dissemination of criminal history record information [Effective Oct. 10, 2010]
(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal
history of any person or persons of whom the Bureau has a record to:
(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency
and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal
justice and/or criminal justice employment;
(2) Any person or the person's attorney of record who requests a copy of the person's own Delaware criminal history record,
provided that such person:
a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify
one's self as the person whose record this individual seeks; and
b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
(3) The State Public Defender when requesting information about an individual for whom the State Public Defender is attorney
of record.
(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the
Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards
set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall
apply to the dissemination of criminal history record information to:
(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision
or order;
(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required
for the administration of criminal justice pursuant to that agreement. Said agreement shall embody a user agreement as prescribed
in § 8514 of this title;
(3) Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to a specific
agreement with a criminal justice agency. Said agency shall embody a user agreement as prescribed in § 8514 of this title;
(4) Individuals and agencies for purposes of international travel;
(5) Individuals and agencies required to provide a security clearance for matters of national security.
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of
State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the
Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard
set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply
to the dissemination of conviction data to:
(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;
and
b. The use of the conviction data shall be limited to the purpose for which it was given;
(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given,
and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State
Police.
(d) Dissemination of criminal history record information by any person or agency other than the Bureau or its designee is
prohibited. This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is
of the essence and the Bureau is technologically incapable of responding within the necessary time period. Under such circumstances
the foregoing rules concerning dissemination are to be adhered to.
(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting
and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited
to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.
(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination
of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of
the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.
(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal
case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection,
"juror" includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit
the disclosure of such information as may be necessary to investigate misconduct by any juror.
(h) [Repealed.]
42 Del. Laws, c. 181, § 11; 11 Del. C. 1953, § 8511; 59 Del. Laws, c. 551; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 385, § 1; 76 Del. Laws, c. 392, § 5; 77 Del. Laws, c. 348, § 8.;
§ 8513A. Governmental agency access to the Criminal Justice Information System (CJIS)
Access to the Criminal Justice Information System, including computerized criminal history, shall be available to governmental
agencies (as defined by this statute); provided, that the requesting agency meets the following conditions:
(1) In order to be eligible to obtain information from CJIS, an agency must offer written evidence that the public interest
in dissemination or access outweighs the security and privacy interests of the person or persons upon whom access is sought,
and that access is germane to the mission of the agency.
(2) The agency shall submit to an application procedure as established by the Board of Managers. Said procedure shall identify
the specific information being sought.
(3) Approval of the agency's application, which may be in whole, in part, or as modified by the Board, shall require a two-thirds
majority of the entire Board of Managers.
(4) Upon approval of the agency's application, the agency shall enter into a user's agreement as prescribed in § 8514 of this
title.
(5) The agency shall bear all costs associated with CJIS access, once granted. This section does not pertain to access to
police complaint information contained in CJIS collected as a result of the requirements as specified in § 8507(a)(4) of this
title. Such access shall remain within the discretion of the Director of the State Bureau of Identification.
71 Del. Laws, c. 205, § 2.;
§ 8514. User agreements.
(a) Use of criminal history record information disseminated to noncriminal justice agencies shall be restricted to the purpose
for which it was given.
(b) No criminal justice agency shall disseminate criminal history record information to any person or agency pursuant to §
8513(a)(3) and (b)(1), (2) and (3) of this title unless said person or agency enters into a user agreement with the Bureau,
which agreement shall:
(1) Specifically authorize access to the data or information;
(2) Limit the use of the data or information to purpose for which it was given;
(3) Ensure the security and confidentiality of the data or information consistent with this chapter.
(c) An individual or agency which has entered into a user agreement as prescribed by subsection (b) of this section, and which
knowingly or recklessly violates the terms of that agreement, shall be guilty of a class A misdemeanor and shall be punished
according to Chapter 42 of this title. Upon such violation, the user agreement shall be terminable at the option of the Bureau.
63 Del. Laws, c. 188, § 1.;
§ 8515. Furnishing information of injured or deceased persons.
If a law-enforcement officer or the Office of the Chief Medical Examiner transmits to the Bureau the identification data of
any unidentified deceased or injured person or any person suffering from loss of memory, the Bureau shall furnish to such
officer or Office any information available pertaining to the identification of such person.
42 Del. Laws, c. 181, § 12; 11 Del. C. 1953, § 8512; 63 Del. Laws, c. 188, § 1.;
§ 8516. Furnishing information without application.
Although no application for information has been made to the Bureau as provided in § 8513 of this title, the Bureau may transmit
such information as the Director, in the Director's discretion, designates to such persons as are authorized by § 8513 of
this title to make application for it and as are designated by the Director.
42 Del. Laws, c. 181, § 13; 11 Del. C. 1953, § 8513; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8517. Local assistance.
(a) At the request of any officer or official described in §§ 8507, 8509 and 8510 of this title, the Superintendent of State
Police may direct the Director to assist such officer:
(1) In the establishment of local identification and record system;
(2) In investigating the circumstances of any crime and in the identification, apprehension and conviction of the perpetrator
or perpetrators thereof, and for this purpose may detail such employee or employees of the Bureau, for such length of time
as the Director deems fit; and
(3) Without such request the Director shall, at the direction of the Governor, detail such employee or employees, for such
time as the Governor deems fit, to investigate any crime within this State, for the purpose of identifying, apprehending and
convicting the perpetrator or perpetrators thereof.
(b) The Governor may, in the Governor's discretion, delegate to the Secretary of Public Safety the powers, duties or functions
set forth in this section.
42 Del. Laws, c. 181, § 14; 11 Del. C. 1953, § 8514; 57 Del. Laws, c. 670, § 4C; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8518. Scientific crime detection laboratory.
To the end that the Bureau may be able to furnish the assistance and aid specified in § 8517 of this title, the Superintendent
of the State Police may direct the Director to organize in the Bureau and maintain therein scientific crime detection laboratory
facilities.
42 Del. Laws, c. 181, § 15; 11 Del. C. 1953, § 8515; 63 Del. Laws, c. 188, § 1.;
§ 8519. Certified copies of records.
Any copy of a record, picture, photograph, fingerprint or other paper or document in the files of the Bureau certified by
the Director or the Director's designee to be a true copy of the original shall be admissible in evidence in any court of
this State in the same manner as the original might be.
42 Del. Laws, c. 181, § 16; 11 Del. C. 1953, § 8516; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8520. Annual report.
The Director shall submit to the Superintendent of State Police an annual report of the conduct of the office. This report
shall present summary statistics of the information collected by the Bureau.
42 Del. Laws, c. 181, § 17; 11 Del. C. 1953, § 8517; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8521. Access to files.
Only employees of the Bureau and persons specifically authorized by the Director shall have access to the files or records
of the Bureau. No such file or record or information shall be disclosed by any person so authorized except to officials as
in this subchapter provided.
42 Del. Laws, c. 181, § 18; 11 Del. C. 1953, § 8518; 63 Del. Laws, c. 188, § 1.;
§ 8522. Authority to take fingerprints, photographs and other data.
(a) To the end that the officers and officials described in §§ 8507, 8509, 8510 and 8525 of this title may be enabled to transmit
the reports required of them, such officers and officials shall have the authority and duty to take, or cause to be taken,
fingerprints, photographs and other data of persons described in such section. A like authority shall be had by employees
of the Bureau who are authorized to enter any institution under § 8512 of this title, as to persons confined in such institutions.
(b) Every person arrested for a crime or crimes enumerated in § 8507 of this title shall submit to being fingerprinted, photographed
and shall supply such information as required by the Superintendent. Whoever shall fail to comply with this section shall
be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. The Justice of the Peace Court
shall have jurisdiction over violations of this section.
42 Del. Laws, c. 181, § 19; 11 Del. C. 1953, § 8519; 63 Del. Laws, c. 188, § 1; 74 Del. Laws, c. 322, § 6.;
§ 8523. Penalties.
(a) Whoever intentionally neglects or refuses to make any report lawfully required of the person under this subchapter, or
to do or perform any other act so required to be done or performed by the person, or hinders or prevents another from doing
an act so required to be done by such person, shall be guilty of a class A misdemeanor and shall be punished according to
Chapter 42 of this title.
(b) Any person who knowingly and wrongfully destroys or falsifies by addition or deletion any computerized or manual record
of the Bureau or of a criminal justice agency, which contains criminal history record information, or who knowingly permits
another to do so, shall be guilty of a class E felony and shall be punished according to Chapter 42 of this title.
(c) Any person who knowingly provides CHRI to another for profit is guilty of a class E felony and shall be punished according
to Chapter 42 of this title.
(d) Any person who knowingly provides criminal history record information to a person or agency not authorized by this subchapter
to receive such information or who knowingly and wrongfully obtains or uses such information shall be guilty of a class A
misdemeanor and shall be punished according to Chapter 42 of this title.
(e) Conviction of a violation of this section shall be prima facie grounds for removal from employment by the State or any
political subdivision thereof, in addition to any fine or other sentence imposed.
42 Del. Laws, c. 181, §§ 20, 21; 11 Del. C. 1953, §§ 8520, 8521; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8524. Admissible evidence.
Nothing in this subchapter, or amendments adopted pursuant thereto, shall provide the basis for exclusion or suppression of
otherwise admissible evidence in any proceeding before a court, or other official body empowered to subpoena such evidence.
63 Del. Laws, c. 188, § 1.;
§ 8525. Information voluntarily supplied by individuals.
Whenever a person appears before any of the officers mentioned in § 8507 of this title, and requests an impression of the
person's fingerprints, such mentioned officer shall comply with the request, and make at least 2 copies of the impressions
on forms supplied by the Bureau. One copy shall be forwarded to the Federal Bureau of Investigation at Washington, D.C., and
1 copy shall be forwarded promptly to the Bureau, subject to § 8513 of this title, together with any personal identification
data obtainable. The Bureau shall accept and file such fingerprints and personal identification data submitted voluntarily
by such resident in a separate filing system, for the purpose of securing a more certain and easy identification in case of
death, injury, loss of memory or change of appearance.
42 Del. Laws, c. 181, § 10; 11 Del. C. 1953, § 8510; 63 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8526. Voluntary fingerprinting of certain school children.
(a) The Superintendent of State Police shall provide for the training on a time-available basis of volunteers who are nominated
by the board of education of each reorganized school district or board of trustees of each private school from parent teacher
associations, parent teacher organizations, citizens' advisory councils or other involved groups such as the Girls' Clubs
of Delaware, Incorporated, who are involved in student activities or pilot programs dealing with the subject at hand, or as
individuals for the purpose of voluntary fingerprinting of pupils in any grades from kindergarten through grade 9. Upon completion
of such training prescribed by the Superintendent of State Police, such volunteers may take fingerprints pursuant to this
section.
(b) Public and private school officials shall cooperate with the aforesaid organizations in the nomination of volunteers and
in setting dates for fingerprinting pupils pursuant to this section and providing school facilities and personnel to assist
the volunteers in the fingerprinting process; provided, however, unless otherwise approved by the local board of education
that fingerprinting of a pupil shall not occur during school hours for said pupil.
(c) Each school shall provide a form authorizing a pupil's participation in the fingerprinting program upon the signature
of the pupil's parent or guardian. No pupil shall be fingerprinted unless a signed authorization form is in the possession
of school officials or person conducting the fingerprinting.
(d) School officials shall notify the parents or guardians of eligible pupils of the date set for the fingerprinting program
at least 2 weeks prior thereto. For purposes of this subsection, "eligible pupils" means pupils who have not been fingerprinted
previously pursuant to this section.
(e) Fingerprinting pursuant to this section shall be done on a fingerprint card provided by the school with the form thereof
approved by the Superintendent of State Police. In addition to fingerprints the card shall contain the following information:
Name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the
name of the parent or guardian of the pupil.
(f) The completed fingerprint card and any duplicate shall be given to the pupil's parent or guardian. Only upon the request
of the pupil's parent or guardian may a duplicate fingerprint card be made.
64 Del. Laws, c. 201, § 1.;
§ 8527. Criminal history background checks; state and/or federal CHRI reports; receipt by government agencies; procedures.
(a) Notwithstanding any other provision of the law to the contrary, any recipient agency seeking a criminal history background
check for the purposes of employing or licensing any individual in this State pursuant to a statutory mandate or authorization
shall submit to the Bureau, in the manner and form designated by the Superintendent of State Police, fingerprints and other
necessary information in order to obtain the following:
(1) A report of the individual's entire state criminal history record information from the Bureau or a statement from the
Bureau that the State Bureau of Identification Central Repository contains no such information relating to that person (state
CHRI report); and
(2) A report of the individual's entire federal criminal history record information from the Federal Bureau of Investigation
(federal CHRI report).
(b) Unless otherwise specified by statute, the recipient agency shall pay to the Bureau all fees associated with the acquisition
of state and federal CHRI reports.
(c) All CHRI reports obtained pursuant this section shall be forwarded to the recipient agency for review associated with
the employment and/or licensing of the individual for whom the CHRI reports are sought. For the purposes of this section the
Bureau shall be the intermediary and the recipient agency shall be the screening point for the receipt of CHRI reports.
(d) All CHRI reports obtained pursuant to this section are confidential and may only be disclosed to the chief officer of
the recipient agency, or his or her designee, or to the individual employed by the recipient agency who has been designated
by statute to receive CHRI reports. If disclosed to a designee of the chief officer of the recipient agency, then prior to
processing any state or federal CHRI reports, said designee shall receive training in confidentiality and shall sign an agreement
to keep such information confidential. Notwithstanding the foregoing and unless otherwise specified by statute, any recipient
agency to whom a CHRI report has been disclosed pursuant to this section shall review such CHRI report with the individual
for whom it was sought upon the individual's request.
(e) The State Bureau of Identification may release any subsequent CHRI reports to a recipient agency when properly requested.
No federal CHRI report shall be disclosed to any private entity at any time except as expressly authorized by the Federal
Bureau of Investigation.
(f) Information provided to the recipient agency pursuant this section by the individual for whom any CHRI report is being
sought shall be accompanied by an oath or affirmation provided by the recipient agency and signed by the individual under
penalty of perjury:
(1) Indicating that said information is true and complete to the best of the individual's knowledge; and
(2) Acknowledging that knowingly and intentionally providing false, incomplete or inaccurate information is a felony.
(g) Any person for whom a CHRI report is being sought pursuant to this section who knowingly and intentionally provides a
recipient agency or the Bureau with false, incomplete or inaccurate information shall be guilty of a class F felony and shall
be punished according to Chapter 42 of this title. Conviction pursuant to this subsection shall not preclude prosecution for
perjury in the second degree pursuant to Chapter 5 of this title.
(h) This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing
or licensing any individual in this State.
73 Del. Laws, c. 252, § 6; 70 Del. Laws, c. 186, § 1.;
