Delaware General Assembly

Signed 5/8/14

The General Assembly has ended, the current status is the final status.

5/30/13

J. Johnson

Rep. Keeley
Sen. Townsend

Reps. Barbieri, Baumbach, Bolden, Brady, Longhurst, Jaques, Q. Johnson, Kowalko, Mitchell, Mulrooney, Osienski, Paradee, Potter, Schwartzkopf, Scott, B. Short, K. Williams, D.E. Williams
Sen. Henry, Marshall, McDowell, Peterson, Poore

AN ACT TO AMEND TITLES 19 AND 29 OF THE DELAWARE CODE WITH REGARD TO EMPLOYMENT PRACTICES.

This bill would prohibit a public employer from inquiring into or considering the criminal record, criminal history or credit history or score of an applicant before it makes a conditional offer to the applicant. It would permit inquiry and consideration of criminal background after the conditional offer has been made. The bill specifies that once a background check is conducted an employer shall only consider felonies for 10 years from the completion of sentence, and misdemeanors for 5 years from the completion of sentence. Further, employers are required to consider several enumerated factors when deciding whether to revoke a conditional offer based on the results of a background check. Police forces, the Department of Corrections and other positions with a statutory mandate for background checks are excluded from these provisions. The bill also requires contractors with State agencies to employ similar policies where not in conflict with other State or federal requirements.

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Takes effect upon being signed into law

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