TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 85. STATE BUREAU OF IDENTIFICATION

Subchapter X. Driving Privilege Cards


For purposes of this subchapter:

(1) "Applicant'' shall mean a prospective driving privilege card holder.

(2) "Driving privilege card'' shall mean a card issued pursuant to § 2711(d) of Title 21, to undocumented immigrants who are not eligible for a Delaware driver's license.

80 Del. Laws, c. 67, § 4.;

This subchapter is intended for use by an applicant for a driving privilege card who may or may not have sufficient identification or documentation to prove his or her identity, pursuant to the procedures established in § 8595 of this title. The State Bureau of Identification, hereinafter referred to as "Bureau,'' shall facilitate the criminal background check of applicants. The Bureau is hereby authorized to promulgate such reasonable forms, fees, and regulations as may be necessary or desirable to effectuate the provisions of this subchapter.

80 Del. Laws, c. 67, § 4; 70 Del. Laws, c. 186, § 1.;

(a) The applicant shall appear at the Bureau during regular hours of business, and shall inform the Bureau of the applicant's desire to avail himself or herself of the procedure set forth in this section.

(1) The applicant shall produce identification documentation. Acceptable documentation shall include the following, with other documentation to be evaluated on a case-by-case basis:

a. A birth certificate;

b. A foreign passport;

c. A foreign driver's license; or

d. School Identification that includes a photograph.

(2) The applicant will sign an affidavit attesting to his or her identity. The affidavit will inform the applicant that if any of the information provided is proven to be false the applicant could be prosecuted under § 907 of this title.

(3) The applicant shall be required to submit fingerprints and other necessary information in order for the Bureau to run a search of Delaware state criminal databases. This search shall include a review of the applicant's Delaware criminal history record to determine if the applicant has an alias linked to fingerprints on file at the Bureau.

(4) If the review pursuant to paragraph (a)(3) of this section identifies a conflict between the name the applicant provided and an alias on file with the State, or the applicant has an outstanding warrant for criminal charges in Delaware, the applicant's fingerprints and other necessary information will be sent by the Bureau to the Federal Bureau of Investigation for a national background check. This national background check shall be comprised of a report of the applicant's entire federal criminal history record, pursuant to the Federal Bureau of Investigation appropriation of Title 42 of Public Law 92-544 (28 C.F.R. § 20.33 (a)(3)). The Bureau shall be the recipients of said federal criminal history records. All costs associated with obtaining the criminal history reports required by this paragraph shall be borne by the applicant. The applicant must resolve the conflict prior to becoming eligible to obtain a driving privilege card.

(5) Fees for the criminal history background check shall be paid by the applicant prior to the commencement of the background check.

(b) The Bureau shall maintain a record of all background checks under this section to the same extent as is required by law.

(c) The Bureau will make the result known to the Division of Motor Vehicles once the applicant has successfully completed the background check. The Bureau will coordinate with the Division of Motor Vehicles to develop a procedure to ensure the applicant who successful completes this subchapter's procedures is the same individual who applies for a driving privilege card.

80 Del. Laws, c. 67, § 4; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 197, § 1.;