Delaware Background Check Laws
DE Employer Compliance Guide
Navigating Delaware's employment background check laws requires careful attention to state-specific regulations to ensure compliant hiring practices.
Content updated
Delaware background check laws at a glance
- Does Delaware have a ban-the-box law?
- Yes — moderate coverage, applying to public employers only.
- Can employers ask about salary history?
- No — Delaware restricts salary history inquiries.
- How far back can a background check go?
- Delaware law generally aligns with the federal FCRA's seven-year reporting limitation for certain non-conviction records (e.g., arrests not leading to conviction, civil suits, judgments, paid tax liens). However, conviction records can generally be reported indefinitely under federal FCRA, unless a state law specifies otherwise. Delaware's expungement laws are particularly relevant here, as expunged records cannot be reported.
- Governing statutes
- Delaware Ban the Box Law (19 Del. C. § 709A); Delaware Wage History Ban (19 Del. C. § 1107A); Delaware Expungement Law (11 Del. C. § 4371 et seq.)
Delaware employers must adhere to both federal and state-specific laws when conducting background checks on job applicants. Compliance with these regulations is crucial to avoid legal penalties, discrimination claims, and reputational damage. Understanding the nuances of Delaware's ban-the-box provisions, limitations on reporting certain information, and other hiring rules is paramount for any business operating within the state. This guide provides a comprehensive overview of Delaware's background check laws, highlighting key statutes and practical compliance steps. Employers should use this information to develop robust and legally sound screening policies that respect applicant rights while protecting their business interests. Staying informed about these evolving legal landscapes is an ongoing responsibility. This resource aims to simplify the complexities, offering clear, actionable insights for HR professionals and hiring managers in Delaware.
Delaware certified history and screening requests
Sources checked . This date applies to this section only.
Use the requesting organization’s service code
The Delaware State Police certified criminal history instructions distinguish a personal certified report from a check required by an agency, employer, or other organization. The personal report is for the individual who requests it; it does not fulfill a legally mandated organization’s criminal-history requirement. For an agency-directed request, obtain the correct service code from the requesting organization before IdentoGO preregistration. Follow its document requirements and the state’s current appointment and payment instructions. A printed fingerprint card by itself is not a completed background check.
Check the announced fingerprinting transition
In a September 30 announcement, the State Bureau of Identification announced a transition beginning October 5, 2026 to SMART-E remote-proctored fingerprinting at its locations. That start date is in the future as of this section’s source check. Before scheduling, confirm the current collection procedure, accepted identification and required forms through the official instructions and your requesting organization. For that state-directed process, use the state’s instructions; a Database Records consultation is a separate commercial screening inquiry.
Plan the commercial screening request separately
Tell us the hiring purpose, role and location, and what needs verification. Browse the Delaware county directory for geographic context; it is not a list of local offices. Our only office is in Lebanon, Tennessee. Employment background checks can be scoped for a permissible hiring purpose. If the position involves driving, driving records require a DPPA permitted-use review and may be declined if the use is unsupported. We confirm what is available for the particular request; a consultation does not replace the state’s prescribed fingerprint process or guarantee a record result.
Author: Troy Williams, PhD
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Ban-the-Box Laws
Delaware's 'Ban the Box' law, effective January 1, 2020, prohibits public employers from inquiring about an applicant's criminal history on an initial job application. They can only inquire about criminal history after a conditional offer of employment has been made. Private employers are not subject to this statewide ban-the-box law, but some local jurisdictions or specific industries may have their own rules. The law does not prevent employers from conducting criminal background checks, only delays the timing of the inquiry.
State FCRA Variations
Delaware law does not significantly differ from or add to the federal FCRA regarding general consumer report requirements. Employers must still comply with all federal FCRA provisions, including obtaining written consent, providing pre-adverse action notices, and adverse action notices. However, Delaware's ban-the-box law (for public employers) and expungement laws impact how criminal record information obtained via FCRA-compliant reports can be used.
Salary History Ban
Delaware law prohibits employers from inquiring about an applicant's wage or salary history, or relying on such history to determine salary, benefits, or other compensation during the hiring process. Employers may, however, engage in discussions with an applicant about their expectations for salary, benefits, and other compensation. This law became effective on December 14, 2017. (Del. Code Ann. tit. 19, § 1107A)
Reporting Limitations
Delaware law generally aligns with the federal FCRA's seven-year reporting limitation for certain non-conviction records (e.g., arrests not leading to conviction, civil suits, judgments, paid tax liens). However, conviction records can generally be reported indefinitely under federal FCRA, unless a state law specifies otherwise. Delaware's expungement laws are particularly relevant here, as expunged records cannot be reported.
Expungement & Record Sealing
Delaware has comprehensive expungement laws that allow individuals to petition the court to have certain criminal records sealed or expunged. Once a record is expunged, it is treated as if it never occurred, and the individual is legally permitted to deny its existence. Employers are generally prohibited from inquiring about or considering expunged records. Obtaining and using expunged records in an employment background check can lead to legal liability for employers. (Del. Code Ann. tit. 11, § 4371 et seq.)
Key Screening Rules
Public Employer Ban the Box
Salary History Inquiry Prohibition
Expunged Records
FCRA Compliance
Individualized Assessment (EEOC Guidance)
Frequently Asked Questions: Delaware
Does Delaware have a statewide ban-the-box law for all employers?
No, Delaware's ban-the-box law (19 Del. C. § 709A) only applies to public employers. Private employers are not currently subject to a statewide ban-the-box mandate, though local ordinances may exist.
Can I ask about an applicant's salary history in Delaware?
No, Delaware law (19 Del. C. § 1107A) prohibits employers from inquiring about an applicant's past wage or salary history. You can, however, discuss salary expectations.
What if a background check reveals an expunged record?
If a background check reveals an expunged record, employers are generally prohibited from considering it. Under Delaware law, an expunged record is treated as if it never occurred, and the individual can legally deny its existence.
Do I need to comply with the FCRA in Delaware?
Yes, if you use a third-party company to conduct background checks, you must comply with all provisions of the federal Fair Credit Reporting Act (FCRA), including obtaining consent and following adverse action procedures.
Are there any specific limitations on reporting criminal convictions in Delaware?
While the federal FCRA generally allows indefinite reporting of convictions, Delaware's expungement laws mean that expunged convictions cannot be reported or considered. For non-conviction records, the FCRA's seven-year reporting limit generally applies.
Key Statutes
Delaware Ban the Box Law (19 Del. C. § 709A)
— Prohibits public employers from inquiring about criminal history on initial job applications.
Delaware Wage History Ban (19 Del. C. § 1107A)
— Prohibits employers from inquiring about or relying on an applicant's wage or salary history.
Delaware Expungement Law (11 Del. C. § 4371 et seq.)
— Governs the expungement of criminal records and the legal implications for individuals and employers.
Sources for this Delaware guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Delaware primary authority
- Delaware Office of the Attorney General
Delaware Attorney General · link checked 2026-09-17
- Delaware Legislature and state code
Delaware Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Delaware guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Delaware before adopting or changing a screening policy.
States bordering Delaware
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Delaware with its neighbors:
Screening services for Delaware employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Delaware.
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