Criminal Background Checks

Delaware Code Title 16, Section 6712, requires that any person seeking certification as an Emergency Medical Technician must complete a criminal background check. Below is the listed process along with the convicted crimes which will prevent the denial of the applicant’s request to obtain a certification. The attached link below will direct you to the new requirements for obtaining the background check from SBI.

Delaware Code, Title 16, Chapter 66, § 6647 requires any member or applicant for membership of a Delaware Volunteer Fire Company must obtain a state and federal background check through the Delaware State Bureau of Identification (SBI).

Currently, per SBI policy, all persons seeking a background check are required to schedule an appointment through IdentoGo, https://uenroll.identogo.com, or by calling 866-761-8069. The applicant or member is also required to complete the Delaware State Fire Commission background application along with the affidavit form.

IdentoGo has established service codes for persons seeking backgrounds for certification as an EMT or an applicant or member of a Delaware Volunteer Fire Company. Please make sure that the service code is entered correctly. All persons seeking a background for certification as an EMT are responsible for the cost associated however, an applicant or member seeking a background for a Delaware Volunteer Fire Company is exempt from the fees associated except, for the processing fee set by IdentGO.

Service Codes:

• Delaware Volunteer Fire Company – 27S47F
• Emergency Medical Technician – 27RX6F

Applications and criminal background information

• EMT-Application 2025
• DSFC-Fire-Service-Background-Application
• DE Service Code Form_State Fire Prevention Commision_27RX6F_EMT-Basic

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Emergency Medical Technician Criminal Background Requirements

Certification of ambulance attendants and emergency medical technicians; criminal background checks.

(a) A person seeking certification as an ambulance attendant or as an emergency medical technician (EMT) shall apply to the Commission using forms prescribed by the Commission. With the application, the applicant shall submit fingerprints and other necessary information in order to obtain the following:

(1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person.

(2) A report of the individual’s entire federal criminal history record from the Federal Bureau of Investigation. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Commission shall be the screening point for the receipt of said federal criminal history records.

(b) Upon application, the Commission or its governmental designee shall acquire and review the state and federal criminal history records for the applicant and may interview the applicant. If the Commission determines that the applicant meets the requirements of this section and of its regulations, then it shall issue a certificate to the applicant, subject to the following provisions:

(1) Certification must be denied to an applicant convicted of the following crimes:

a. A felony involving sexual misconduct where the victim’s failure to affirmatively consent is an element of the crime, such as forcible rape;

b. A felony involving the sexual or physical abuse of a child or of a person who is elderly or impaired, such as sexual misconduct with a child, sexual exploitation of a child, making or distributing child pornography, incest involving a child, or assault on a person who is elderly or impaired;

c. A crime in which the victim is an out-of-hospital patient or a patient or resident of a health care facility, including abuse, neglect or theft from or financial exploitation of a person entrusted to the care or protection of the applicant.

(2) Certification must be denied to an applicant convicted of the following crimes, except in extraordinary circumstances:

a. Any crime for which applicant is currently incarcerated, on work release, on probation, or on parole;

b. A crime in the following categories, unless at least 5 years have passed since the applicant’s conviction or at least 5 years have passed since the applicant was released from custodial confinement, whichever occurs later:

1. A serious crime of violence against a person, such as assault with a dangerous weapon, aggravated assault, murder or attempted murder, manslaughter (other than involuntary manslaughter), kidnapping, robbery of any degree, or arson;

2. A crime involving a controlled substance or designer drug, including unlawful possession or distribution of, or intent to unlawfully possess or distribute, a controlled substance in Schedules I through V of the Uniform Controlled Substances Act of Chapter 47 of this title;

3. A serious crime involving property, such as arson, burglary, embezzlement or insurance fraud;

4. Any crime involving sexual misconduct.

(3) In extraordinary circumstances, certification granted pursuant to paragraph (b)(2) of this section may be granted only if the applicant establishes by clear and convincing evidence that certification will not jeopardize public health and safety.

(c) (1) Certificates issued pursuant to this section shall be valid for a period as determined by the Commission and may be renewed after reconsideration, which may include an interview, if the holder meets the requirements set forth in the regulations of the Commission. The Commission may decertify any ambulance attendant or EMT at any time it determines that the person no longer meets the qualifications prescribed for certification.

(2) The Commission may extend the suspension of an ambulance attendant or emergency medical technician’s certification for a period not to exceed 30 days, if the Commission reviews the charges supporting the suspension of an ambulance attendant or EMT’s by an Emergency Medical Services Medical Director pursuant to § 9806(b)(7) of this title and concludes that a Commission hearing should be scheduled to consider the charges.

(d) Information obtained pursuant to subsection (b) of this section is confidential and shall not be disclosed under any circumstances except:

(1) The State Bureau of Identification may release any subsequent criminal history to the Office of Emergency Medical Services or the State Fire Prevention Commission when properly requested; and

(2) All information that has been forwarded to the Commission pursuant to this section shall be reviewed with the person seeking certification pursuant to this section upon his or her request.

(e) Costs associated with obtaining criminal history information pursuant to this section from the State Bureau of Identification and the Federal Bureau of Identification shall be borne by the applicant.

(f) A person seeking certification pursuant to this section who knowingly provides false, incomplete or inaccurate criminal history information, or who otherwise knowingly violates the provisions of this section, shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11.

(g) Any student enrolled in the University of Delaware seeking certification as an EMT through the University of Delaware Department of Safety and Homeland Security is exempted from the provisions of subsections (a) and (b) of this section; provided, however, that the criminal history background check and review procedures employed by the University of Delaware Department of Safety and Homeland Security are at least as restrictive as those contained in this section. For the purposes of any criminal history background check or review conducted pursuant to this subsection, the State Bureau of Identification shall be the intermediary and the University of Delaware Department of Safety and Homeland Security shall be the screening point for the receipt of said federal criminal history records.

(h) The Commission shall adopt regulations to implement this section setting forth the qualifications required for certification of ambulance attendants and emergency medical technicians.

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Delaware Fire Service Background Requirements

“Member” means a volunteer firefighter of a Delaware volunteer fire department, as certified by
the Delaware State Fire Prevention Commission.

§ 6647. Membership requirements for volunteer firefighters.
(a) A member or an applicant for membership in a Delaware volunteer fire department who has
been convicted of or, had that member or applicant been charged as a juvenile, adjudicated
delinquent of any of the crimes listed under paragraphs (b)(1) and (b)(2) of this section, is
prohibited from serving as a firefighter in this State.

(b) Membership in a Delaware volunteer fire department, after a state and federal background
check, must be denied or revoked if the applicant or member has been convicted or, if that
applicant or member was charged as a juvenile, has been adjudicated delinquent of any of the
following crimes, except in extraordinary circumstances:
(1) Any crime for which the applicant is currently incarcerated, on work release, on probation,
or on parole;

(2) Any crime in the following categories, unless at least 5 years have passed since the
applicant’s or member’s conviction or at least 5 years have passed since the applicant or
member was released from custodial confinement, whichever occurs later:
a. A serious crime of violence against a person, such as assault with a dangerous
weapon, aggravated assault, murder or attempted murder, manslaughter (other than
involuntary manslaughter), kidnapping, or robbery of any degree;
b. A crime involving a controlled substance or designer drug, including unlawful
possession or distribution of, or intent to unlawfully possess or distribute, a controlled
substance in Schedules I through V of the Uniform Controlled Substances Act of Chapter
47 of this title;
c. A serious crime involving property, such as burglary, embezzlement, or insurance
fraud;
d. Any crime involving sexual misconduct;
e. A crime of another state, territory, or jurisdiction which is the same or equivalent to the
offenses described in paragraphs (b)(2)a. through d. of this section.

(3) In extraordinary circumstances, membership may be granted under subsection (b) of this
section only if the applicant or member establishes by clear and convincing evidence that the
applicant’s membership or member’s continued membership will not jeopardize public health
or safety.
(c) No applicant for membership in a Delaware volunteer fire department shall be charged any
fee or cost for obtaining criminal history information from the State Bureau of Identification for the
application.
(d) An applicant for membership in a Delaware volunteer fire department who knowingly provides
false, incomplete, or inaccurate criminal history information, or who otherwise knowingly violates
a provision of this subchapter, is guilty of a class G felony. In addition to a term of imprisonment
of up to 2 years, the court shall impose a fine of no less than $1,000 which may not be
suspended.
(e) The State Fire Prevention Commission shall adopt regulations to implement the provisions of
this subchapter. The regulations must include, as part of the application form for membership in
a Delaware volunteer fire department, a dated and signed statement by the applicant swearing to
or affirming the following, if the following is true. If it is not true, the applicant must explain in
writing what is not true and why it is not true.
“I have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del.
C. § 6647 or any similar offense under any federal, state, or local law. I hereby certify that the
statements contained in this application are true and correct to the best of my knowledge and
belief. I understand that if I knowingly make any false statement in this application, I am subject
to penalties prescribed by law, including denial or revocation of membership in the volunteer fire
department and a mandatory fine of at least $1,000 or a term of imprisonment of up to 2 years,
or both.”
(f) An applicant for membership in a Delaware volunteer fire department who is denied
membership or whose membership is revoked because of the requirements of this subchapter
may appeal the denial or revocation to the State Fire Prevention Commission within 15 days of
written notification of the denial or revocation by the volunteer fire department. An appeal under
this subsection must be held in accordance with the appropriate provisions of the Administrative
Procedures Act, Chapter 101 of Title 29, and is subject to judicial review under subchapter V of
Chapter 101 of Title 29.

For additional information, please contact the Administrative Division at 302-739-739-3160