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Delaware background check laws for employers
Delaware's ban-the-box and credit-check limits apply only to public employers, so private employers follow federal FCRA steps. Private employers should not ask applicants about expunged records. Long-term care facilities must get a criminal history before hiring.
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Fair-chance hiring (criminal history)
- Delaware's ban-the-box law covers only public employers (the State, its agencies, and political subdivisions), not private employers (19 Del. C. §§ 710(21), 711(h)).
- Public employers may not ask about or consider criminal history, credit history, or credit score until after the first interview, and must weigh the nature of the offense, time passed, and the job (19 Del. C. § 711(h)(1)-(3)).
State consumer report rules
- No Delaware statute was found that adds employer disclosure, consent, or notice steps beyond federal FCRA; Delaware's credit chapter covers security freezes and identity theft (6 Del. C. ch. 22).
How far back a report can go
- A person is not required to disclose, and should not be asked to disclose, arrests, charges, or convictions that have been expunged (11 Del. C. § 4372(d)).
- It is unlawful for anyone with access to an expunged record to open, review, or disclose it without a court order, except for limited law-enforcement uses (11 Del. C. § 4376(a)).
- No state law found that sets a 7-year reporting limit beyond federal FCRA.
Credit checks
- Delaware's limit on credit history and credit scores in hiring applies only to public employers, not private employers (19 Del. C. § 711(h)(1)).
Also good to know
- Long-term care facilities may not employ an applicant before obtaining a criminal history through the state Background Check Center, with a 60-day conditional hire allowed after fingerprinting (16 Del. C. § 1141(c)-(d)).
Common questions
Can Delaware employers run a background check?
Delaware's ban-the-box and credit-check limits apply only to public employers, so private employers follow federal FCRA steps. Private employers should not ask applicants about expunged records. Long-term care facilities must get a criminal history before hiring.
Does Delaware have a ban-the-box law for private employers?
Delaware's ban-the-box law covers only public employers (the State, its agencies, and political subdivisions), not private employers (19 Del. C. §§ 710(21), 711(h)).
How far back does a background check go in Delaware?
A person is not required to disclose, and should not be asked to disclose, arrests, charges, or convictions that have been expunged (11 Del. C. § 4372(d)).
Can Delaware employers run credit checks on applicants?
Delaware's limit on credit history and credit scores in hiring applies only to public employers, not private employers (19 Del. C. § 711(h)(1)).
Some rules for Delaware weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 19 Del. C. ch. 7, subch. II, §§ 710-711 (official Delaware Code)
- 11 Del. C. ch. 43, subch. VII, §§ 4371-4378 (official Delaware Code)
- 16 Del. C. ch. 11, subch. IV, § 1141 (official Delaware Code)
- 6 Del. C. ch. 22 (official Delaware Code)
- Delaware Code Title 6 table of contents (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.