Delaware Background Check Laws for Employers
Delaware background check laws are short on paper, yet they carry real traps for employers.
This guide explains each statute, the agency behind it, and the steps a compliant screening program needs.
Delaware Employment Screening Laws at a Glance
Delaware has no state version of the Fair Credit Reporting Act.
Instead, private employers follow the federal FCRA, plus a handful of targeted Delaware statutes.
Public employers, meanwhile, face a statewide ban-the-box rule that also covers credit history.
The table below maps every rule to its statute and the agency that administers it.
| Topic | Delaware Rule | Statute or Regulation | Administering Agency |
|---|---|---|---|
| Consumer reports | No state mini-FCRA; federal FCRA governs private screening | 15 U.S.C. § 1681 et seq. | FTC and CFPB |
| Ban the box | Public employers wait until after the first interview | 19 Del. C. § 711(h) | Department of Labor, Office of Anti-Discrimination |
| Credit history | Public employers wait until after the first interview | 19 Del. C. § 711(h)(1) | Department of Labor, Office of Anti-Discrimination |
| State criminal records | SBI may release conviction data for employment | 11 Del. C. § 8513(c) | State Bureau of Identification, Delaware State Police |
| Expunged records | Applicants need not disclose; employers should not ask | 11 Del. C. § 4372(d) | State Bureau of Identification; Superior Court |
| Driving records | DMV releases records for permitted uses at $25 each | 21 Del. C. § 305 | Division of Motor Vehicles |
| Marijuana | Adult-use law leaves workplace policy to employers | 4 Del. C. § 1304; 16 Del. C. § 4905A | Office of the Marijuana Commissioner |
| Salary history | Ask only after an offer is made and accepted | 19 Del. C. § 709B | Department of Labor |
| Pay transparency | From September 26, 2027, employers with more than 25 employees list pay or its range in job postings | 19 Del. C. § 709C | Department of Labor |
| Health care hires | Fingerprints, registries and drug test via Background Check Center | 16 Del. C. §§ 1141, 1145 | DHSS Division of Health Care Quality |
The FCRA Process Every Delaware Employer Must Follow
Because Delaware adds no state consumer-report statute, the FCRA permissible-purpose and disclosure rules set the baseline.
The Federal Trade Commission explains these duties in its guide, Background Checks: What Employers Need to Know.
In practice, a compliant Delaware screening program runs four steps in order.
Stand-alone disclosure
Give the applicant a clear written notice that you will order a consumer report.
Keep that notice free of waivers and extra terms.
Written authorization
Next, collect the applicant’s signed consent before BCS Background Screening LLC runs any search.
Electronic signatures work when they meet E-SIGN standards.
Pre-adverse action
Before deciding, send a copy of the report and the CFPB Summary of Rights.
Then give the applicant a fair chance to dispute errors.
Adverse action notice
Finally, send the final notice with the agency’s contact details and dispute rights.
State that the agency did not make the decision.
Delaware Ban the Box Law: 19 Del. C. § 711(h)
Delaware passed House Bill 167 in 2014, and Governor Markell signed it on May 8, 2014.
The law now sits in subsection (h) of 19 Del. C. § 711, part of the Delaware Discrimination in Employment Act.
Many older guides still cite § 711(g), which now covers a different rule.
What public employers must do
A public employer may not ask about or consider criminal history during the initial application process.
That ban runs up to and including the first interview.
Likewise, credit history and credit scores stay off limits until that point.
After the first interview, the employer may review records for an otherwise qualified applicant.
The three-factor test
Under § 711(h)(3), a public employer may disqualify an applicant only when the exclusion is job related.
It must also be consistent with business necessity.
Next, the employer weighs three factors:
- The nature and gravity of the offense or conduct.
- Time passed since the offense or the end of the sentence.
- The nature of the job held or sought.
Who is exempt
The rule does not reach police forces, the Department of Correction, the Department of Justice, or the courts.
It also skips the Office of Defense Services and any job where law requires a record check.
How Far Back Can a Delaware Background Check Go?
Delaware sets no state lookback cap on criminal convictions.
So the federal rule in 15 U.S.C. § 1681c controls what a consumer reporting agency may report.
Delaware’s expungement statute, however, removes many old records from view entirely.
7 Years
Arrests without conviction, civil suits and judgments drop off after seven years under § 1681c(a).
No Limit
Criminal convictions carry no federal time limit, and Delaware adds none.
$75,000+
For jobs paying $75,000 or more, the seven-year limit lifts under § 1681c(b)(3).
3 / 5 / 10 Years
Delaware erases eligible violations, misdemeanors and listed felonies after these waits.
What this means for your screening scope
Most employers still choose a seven-year search scope for fairness and consistency.
Moreover, public employers must weigh the time since the offense under § 711(h)(3).
An expunged record, on the other hand, should never reach a hiring file.
Delaware SBI Criminal History Records
The State Bureau of Identification runs Delaware’s central criminal history repository.
By statute, 11 Del. C. § 8503 places the Bureau within the Division of State Police.
What employers can receive
Under § 8513(c), the Bureau may furnish conviction data for employment purposes for a fee.
Conviction data means dispositions adverse to the subject.
As a result, acquittals and dismissals do not appear on an employment release.
Section 8513(d) also bars anyone other than the Bureau from passing that data along.
How the state check works
According to the Delaware State Police, a certified criminal history requires fingerprints and photo ID.
A state-only report costs $72.
A combined state and FBI report costs $85 where law requires it.
Fingerprinting sites operate in Wilmington, Newark, Middletown, Dover, Milford, Georgetown and Seaford.
What Shows Up on a Delaware Employment Background Check?
A Delaware employment report shows whatever searches the employer orders.
For most roles, that means a criminal search plus identity and history checks.
Where Delaware criminal cases are filed
The Superior Court hears felonies and sits in all three counties.
Meanwhile, the Court of Common Pleas handles most misdemeanors.
The Justice of the Peace Court takes minor offenses and traffic cases.
Because cases split across these courts, a thorough search checks each level.
Common report components
- Felony and misdemeanor convictions, with file dates, dispositions and sentences.
- Pending cases that lack a final disposition.
- Sex offender registry status.
- Driving history for driving roles.
- Employment and education verification.
- Credit history, where the job justifies it.
Expunged cases, in contrast, should never appear.
Delaware Expungement and the Clean Slate Act
Delaware’s expungement rules live in 11 Del. C. §§ 4371 to 4377.
Above all, § 4372(d) says a person need not disclose an expunged arrest, charge or conviction.
It adds that no one should ask the person to disclose it.
Mandatory expungement
Section 4373 covers cases ending in the person’s favor.
It also covers violations after 3 years, misdemeanors after 5, and listed felonies after 10.
Clean Slate, § 4373A
Since August 1, 2024, the SBI expunges eligible cases automatically each month.
No petition is needed.
Discretionary expungement
Under § 4374, the Superior Court may expunge other cases.
Waits run 3 or 7 years for misdemeanors and 7 years for felonies.
Why it matters to employers
Unlawful disclosure of expunged records is a class B misdemeanor under § 4376(f).
So remove any application question that could capture an expunged case.
The Collateral Consequences Resource Center tracks these rules and their exceptions in detail.
Credit Checks, Driving Records and Applicant Privacy
Credit history checks
Delaware limits credit checks only for public employers under § 711(h)(1).
Private employers may order credit reports when they follow the FCRA process.
Even so, keep credit checks tied to roles that handle money or sensitive data.
Motor vehicle records
The Division of Motor Vehicles releases driving records under 21 Del. C. § 305.
Section 305(b)(9) lets employers verify commercial driver’s license holders.
The DMV charges $25 per record under § 305(f)(1).
Order a Delaware driving record for any driving role.
Salary history ban
19 Del. C. § 709B bars employers from screening applicants by past pay.
Employers may confirm pay history only after an offer is made and accepted.
Fines run $1,000 to $5,000 for a first violation.
Pay transparency from 2027
New 19 Del. C. § 709C takes effect on September 26, 2027.
It covers employers with more than 25 employees.
Those employers must list the hourly or salary pay, or its range, in job postings.
Postings must also give a general description of benefits and other compensation.
In addition, applicants must receive that information before pay discussions or on request.
Employers must also keep records for three years.
Social media and polygraphs
Section 709A stops employers from demanding social media passwords or account access.
Meanwhile, § 704 bans requiring or suggesting a lie detector test.
That polygraph rule carries civil penalties of $1,000 to $5,000.
Automated hiring tools from 2027
HB 380 amends the Delaware Personal Data Privacy Act, 6 Del. C. ch. 12D, effective January 1, 2027.
From that date, the Act covers controllers that process personal data of 10,000 or more Delaware consumers.
In addition, the employee and applicant data exemption ends where that data feeds profiling for hiring decisions.
Covered controllers must then honor opt-outs from profiling used in automated decisions.
They must also give adverse action notices, explain the right to request human review and conduct data protection assessments.
However, FCRA-regulated background screening reports are exempt from the adverse-action and human-review duties.
Marijuana and Drug Testing in Delaware
Delaware legalized adult-use marijuana in April 2023 through the Marijuana Control Act.
Yet 4 Del. C. § 1304 leaves workplace terms to employers.
In other words, the law imposes no accommodation, policy or discipline duty on them.
Medical cardholders are different
Under 16 Del. C. § 4905A(a)(3), employers may not penalize cardholder status alone.
They also may not act solely on a registered patient’s positive marijuana test.
The protection ends when the patient used, possessed or was impaired at work.
It also yields when compliance would cost the employer a federal benefit or license.
Industry-Specific Delaware Background Check Requirements
Several Delaware industries must screen beyond the FCRA baseline.
Each rule below names its statute and the agency in charge.
Long-term care and home health
Under 16 Del. C. §§ 1141 and 1145, covered facilities run state and FBI fingerprint checks.
Applicants also take a mandatory drug test.
The DHSS Division of Health Care Quality runs the Background Check Center.
Registry checks
Health-care and child care employers check the Child Protection Registry under 11 Del. C. § 8563.
Similarly, § 8564 requires an Adult Abuse Registry check.
DSCYF and DHSS maintain those registries.
Public schools
School employees face state and federal fingerprint checks.
The Department of Education sets the process in 14 DE Admin. Code 745.
The SBI processes the prints.
Delaware Background Checks from BCS Background Screening LLC
BCS Background Screening LLC builds FCRA-compliant Delaware reports from primary court sources.
Every hit is verified before it reaches your report.
County Criminal Court Search
Search New Castle, Kent and Sussex courts from $18 plus any court fee.
SSN Trace
Find names, aliases and address history to set every court search.
Nationwide Criminal Database
Locate records in other states, then verify each one at the source court.
Federal Criminal Search
Search the U.S. District Court for the District of Delaware for federal cases.
Motor Vehicle Records
Pull Delaware driving history for CDL and company-vehicle roles.
FCRA Employment Screening
Get built-in disclosures, e-signed authorizations and adverse action tools.
Every user account also offers optional Multiple Authentication Factor (MAF) sign-in for added security.
Delaware Employer Background Check Compliance Checklist
- Use a stand-alone FCRA disclosure and collect written authorization first.
- For public jobs, hold criminal and credit questions until after the first interview.
- Apply the § 711(h)(3) three-factor test to every public-sector criminal record.
- Remove any application question that could reach an expunged case.
- Limit arrest and civil records to seven years unless the job pays $75,000 or more.
- Ask about pay history only after an offer is made and accepted.
- Never request social media passwords or a polygraph test.
- Protect registered medical marijuana cardholders under § 4905A.
- Route long-term care hires through the DHSS Background Check Center.
- Send pre-adverse and adverse action notices, with a waiting period between them.
Common Delaware Background Check Mistakes
Many online guides repeat outdated or wrong claims about Delaware law.
Here are the errors we see most often, along with the correct rule.
Myth: Delaware caps convictions at seven years
Delaware has no state consumer-report statute and no conviction cap.
Only the federal seven-year rule for non-conviction records applies.
Myth: Ban the box sits in § 711(g)
The public-employer rule now appears in 19 Del. C. § 711(h).
So update any policy or form that cites the old subsection.
Myth: Public employers must wait for an offer
The statute sets the first interview as the dividing line.
After that interview, a public employer may review records for a qualified applicant.
Myth: Private employers must ban the box
Delaware’s statute covers the State and its political subdivisions only.
Private employers still face EEOC disparate-impact scrutiny, though.
How Much Does a Delaware Background Check Cost?
Costs depend on the source and the method.
State fingerprint checks cost more and require an in-person visit.
Court searches, by comparison, run on a signed authorization alone.
| Search | Cost | Method | Source |
|---|---|---|---|
| SBI state criminal history | $72 | Fingerprints and photo ID | Delaware State Police |
| SBI state and FBI history | $85 | Fingerprints, where law requires | Delaware State Police |
| Motor vehicle record | $25 state fee | Permitted-use request | Division of Motor Vehicles |
| County criminal court search | $18 plus any court fee | Name and date of birth | BCS Background Screening LLC |
| SSN trace | $10 | Name and SSN | BCS Background Screening LLC |
Delaware Background Check Laws: Frequently Asked Questions
Does Delaware have a ban the box law for private employers?
No. Delaware’s ban-the-box law, 19 Del. C. § 711(h), applies only to public employers.
It bars criminal and credit questions until after the first interview.
The Department of Labor’s Office of Anti-Discrimination enforces it.
Private employers should still follow EEOC guidance on individualized review.
How far back can a background check go in Delaware?
Delaware sets no state lookback limit on convictions.
Under the FCRA, 15 U.S.C. § 1681c, arrests without conviction and civil records stop at seven years.
Convictions have no time limit, and the seven-year rule lifts for jobs paying $75,000 or more.
However, expunged records must never be reported.
Can Delaware employers ask about expunged records?
No. Under 11 Del. C. § 4372(d), a person need not disclose an expunged arrest, charge or conviction.
The statute also says no one should ask.
Unlawful disclosure of expunged records is a class B misdemeanor under § 4376(f).
The State Bureau of Identification carries out expungements.
What is Delaware’s Clean Slate law?
Delaware’s Clean Slate provision, 11 Del. C. § 4373A, took effect on August 1, 2024.
It lets the SBI expunge eligible cases automatically each month without a petition.
Eligible cases include favorable outcomes, older violations and misdemeanors, and certain felonies after ten years.
Who administers criminal history checks in Delaware?
The State Bureau of Identification, part of the Delaware State Police, runs the repository under 11 Del. C. § 8503.
Under § 8513(c), it may release conviction data for employment purposes.
A fingerprint-based state report costs $72, or $85 with an FBI check.
Can Delaware employers run credit checks on applicants?
Yes, private employers can, provided they follow FCRA disclosure, authorization and adverse action rules.
Public employers, by contrast, must wait until after the first interview under 19 Del. C. § 711(h)(1).
Delaware has no separate private-sector credit check ban.
Can Delaware employers drug test for marijuana?
Yes. Under 4 Del. C. § 1304, the Marijuana Control Act leaves workplace rules to employers.
However, 16 Del. C. § 4905A(a)(3) protects registered medical cardholders from action based solely on a positive test.
That protection ends with use or impairment at work.
The Office of the Marijuana Commissioner administers both programs.
How do employers get Delaware driving records?
The Division of Motor Vehicles releases driving records under 21 Del. C. § 305.
Employers may verify commercial driver’s license holders under § 305(b)(9).
The state fee is $25 per record.
BCS Background Screening LLC orders these records with applicant authorization.
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This page offers general information about Delaware background check laws, current as of October 2026. It is not legal advice, so consult an employment attorney about your specific hiring practices.