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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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Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.

Fair-chance hiring (criminal history)

State consumer report rules

How far back a report can go

Credit checks

Also good to know

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

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.

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