Delaware Background Check Laws (2026 Guide)

Delaware regulates background checks through a combination of state and federal rules. HB 167, codified at 19 Del. C. Section 711(h), bars public employers from asking about criminal or credit history during the initial application process, up to and including the first interview, and the federal FCRA governs all employer use of consumer reporting agencies.

Last verified: September 2026. This page reflects current Delaware Code Title 19, Section 711 (Ban the Box), Title 11 Chapter 43 (Expungement), and Title 11 Chapter 85 (State Bureau of Identification).

Table of Contents

• Overview of Delaware Background Check Laws
• Ban the Box Law for Public Employers
• The Clean Slate Act and Automatic Expungement
• Lookback Periods and Time Limits
• Federal FCRA Requirements in Delaware
• Employment Background Checks
• Housing and Tenant Screening
• Professional Licensing Checks
• Credit Check Restrictions
• How to Obtain a Delaware Criminal History Report
• Adverse Action Requirements
• Recent Changes and Updates
• Frequently Asked Questions
• Sources and References

Overview of Delaware Background Check Laws

Delaware has built one of the more progressive frameworks in the United States for regulating how criminal history information is used in employment, housing, and licensing decisions. The state combines federal Fair Credit Reporting Act (FCRA) protections with its own Ban the Box law, Clean Slate Act, and restrictions on credit history inquiries.

These laws work together to balance the legitimate needs of employers, landlords, and licensing agencies against the rights of individuals to move past prior involvement with the criminal justice system. Understanding how these laws interact is essential for anyone conducting or undergoing a background check in Delaware.

The Delaware State Bureau of Identification (SBI), a division of the Delaware State Police, serves as the central repository for criminal history record information in the state. The SBI manages the dissemination of records under Title 11, Chapter 85 of the Delaware Code.

Delaware's background check framework applies differently depending on whether the requesting party is a public employer, private employer, landlord, or licensing agency. Each category carries its own set of rules and restrictions.

Ban the Box Law for Public Employers

Delaware enacted its statewide Ban the Box law through House Bill 167 in 2014, signed by then-Governor Jack Markell. This law fundamentally changed when and how public employers can consider criminal history during the hiring process.

What the Law Requires

HB 167 is codified at 19 Del. C. Section 711(h). Under Section 711(h)(1), it is an unlawful employment practice for a public employer to inquire into or consider an applicant's criminal record, criminal history, credit history, or credit score "during the initial application process, up to and including the first interview." This means criminal history questions cannot appear on initial job applications, and public employers in Delaware are prohibited from raising a candidate's criminal record at the first interview itself.

Section 711(h)(2) then permits the inquiry: if an applicant is otherwise qualified, a public employer may inquire into or consider criminal record, criminal history, credit history, or credit score "after the completion of the first interview." The milestone in Delaware law is the completion of the first interview, not a conditional job offer. Candidates are therefore evaluated on their qualifications through at least one interview before any criminal or credit screening begins.

No Statutory Lookback Period

Section 711(h) contains no numeric lookback window. It does not cap how far back a public employer may look at felony or misdemeanor convictions. The version of HB 167 introduced in 2014 proposed limits of 10 years for felonies and 5 years for misdemeanors, but those figures were dropped before passage and appear nowhere in the enacted session law or in the current Delaware Code.

In place of a year limit, the statute controls the timing of the inquiry and imposes a qualitative standard on any disqualification. How much time has passed is one factor in that analysis rather than a bright-line cutoff.

Individualized Assessment Requirements

When a public employer does consider criminal history, Section 711(h)(3) requires an individualized assessment. The employer must weigh three specific factors in its hiring decision:

• The nature and gravity of the offense or conduct
• The time that has passed since the offense or conduct and/or the completion of the sentence
• The nature of the job held or sought

A public employer may only disqualify an applicant based on criminal history where the exclusion is "job related for the position in question and consistent with business necessity." Blanket rejections based solely on a criminal record are not permitted.

Exemptions

The exemption list in Section 711(h)(4) is broader than commonly reported. The subsection does not apply to "any state, county or municipal police force, the Department of Correction, the Department of Justice, the Office of Defense Services, the courts, or any position where federal or state statute requires or expressly permits the consideration of an applicant's criminal history."

That means applicants to the Delaware Department of Justice, the Office of Defense Services (the public defender system), and the Delaware courts are outside the law's protection, alongside police agencies and the Department of Correction. Note also that the final clause reaches any position where a statute "requires or expressly permits" consideration of criminal history, which is wider than a statutory mandate alone.

Under Section 3 of the enacted bill, the State includes language in its formal solicitations stating that it does not consider criminal or credit history during the initial application process, and vendors doing business with the State are encouraged, but not required, to adopt similar policies.

Local Ban the Box Ordinances

Two Delaware jurisdictions have enacted their own Ban the Box laws that supplement the statewide requirements:

• New Castle County has a Ban the Box ordinance covering county government positions
• City of Wilmington has a Ban the Box ordinance covering city government positions

These local laws may include additional protections beyond the state law.

The Clean Slate Act and Automatic Expungement

Delaware became the fifth state to pass Clean Slate legislation when Governor John Carney signed Senate Bill 111 and Senate Bill 112 in November 2021. The automatic expungement provisions took effect on August 1, 2024.

How Automatic Expungement Works

Under the Clean Slate Act, the State Bureau of Identification (SBI) is responsible for identifying and expunging eligible cases on a monthly basis. The SBI reviews records against eligibility criteria and processes expungements without requiring individuals to file petitions.

Once a record is identified as eligible, the SBI notifies all relevant courts and law enforcement agencies, which must provide written confirmation that expungement has been completed.

Records Eligible for Automatic Expungement

Delaware Code Title 11, Section 4373A sets no eligibility criteria of its own. It provides that a case eligible for mandatory expungement under Title 11, Section 4373 is eligible for automatic expungement, and directs the SBI to run the monthly sweep beginning August 1, 2024. The substantive eligibility rules below come from Section 4373.

Immediate expungement (no waiting period):

• Cases where the accused was acquitted of all charges
• Cases where a nolle prosequi was entered on all charges
• Cases where all charges were dismissed
• Cases involving mixed acquittals and dismissals
• Arrests where no charges were filed within one year
• Successful completion of probation before judgment
• Convictions for marijuana possession or paraphernalia possession
• Convictions for underage alcohol possession or consumption

Time-based expungement for convictions:

• Violations only, relating to the same case: 3 years after the date of conviction
• Misdemeanors, or a combination of misdemeanors and violations relating to the same case: 5 years after the date of conviction
• Drug possession under 16 Del. C. Section 4756: 5 years after the date of conviction
• Six specifically named felonies: 10 years after the date of conviction or the date of release from incarceration, whichever is later. They are miscellaneous drug crimes (16 Del. C. Section 4757), unlawful dealing in a counterfeit or purported controlled substance (16 Del. C. Section 4758), maintaining a drug property (16 Del. C. Section 4760), possession of burglar's tools or instruments facilitating theft (11 Del. C. Section 828), forgery in the second degree (11 Del. C. Section 861(b)(2)), and unlawful use of a payment card (11 Del. C. Section 903)

Section 4373 does not organize felony eligibility by class, so there is no "Class C," "Class E," or "Class G" category to look up. The 5-year and 10-year conviction categories under Section 4373(a)(2) also require that the person have no prior or subsequent convictions that bar eligibility.

Records Not Eligible for Expungement

Certain categories of offenses cannot be expunged under Delaware law:

• Crimes of domestic violence. Section 4373(b)(1) defines this narrowly: the offense must appear on an enumerated list (which includes assault under Section 611) and must have been committed against a family member, former spouse, someone who cohabited with the victim, a co-parent, or a dating partner
• Offenses where the victim is a child
• Offenses where the victim is a "vulnerable adult"
• Sexual offenses
• Vehicular assault in the second degree, incest, unlawful sexual contact in the third degree, coercion, and unlawfully dealing with a child, which Section 4372(f)(3) excludes outright
• Title 21 offenses (with limited exceptions under Section 4374(i))
• Hate crimes
• Resisting arrest
• Lewdness offenses

Assault is not barred as a category. A misdemeanor assault in the third degree that is not a crime of domestic violence is eligible for mandatory and therefore automatic expungement five years after the date of conviction under Section 4373(a)(2)a., provided the person has no disqualifying prior or subsequent convictions.

Impact on Background Checks

Once a record has been expunged, it is removed from criminal background searches conducted by employers and consumer reporting agencies. Under Title 11, Section 4372, individuals are not required to disclose expunged convictions or arrests on any application, and employers may not request information about expunged records.

Law enforcement agencies retain access to expunged records solely for the purpose of criminal investigations and for employment screening within law enforcement agencies.

Implementation Progress

The Clean Slate Act was designed to benefit more than 290,000 Delawareans with eligible records. However, as of late 2024, implementation had processed only a fraction of eligible records. The state continues to work through the backlog of qualifying cases.

Lookback Periods and Time Limits

Delaware itself sets no lookback period for criminal history in employment. The time limits that actually apply come from the federal FCRA and from expungement, and they depend on the type of check and the type of record.

Public Employers: Timing, Not a Year Limit

Under Section 711(h), the restriction on public employers governs when they may ask and how they must justify a disqualification, not the age of a record:

FCRA Lookback Limits (All Employers Using CRAs)

When any employer uses a consumer reporting agency (CRA) to conduct a background check, the federal FCRA imposes these limits:

An exception to the FCRA's seven-year limit applies when the position pays $75,000 or more per year. For those positions, CRAs may report all types of adverse information regardless of age.

No Delaware-Specific Lookback Cap

Delaware does not impose a statewide restriction on what consumer reporting agencies may report, and it does not impose an age limit on what employers may consider either:

• A public employer must justify any criminal-history disqualification as job related for the position and consistent with business necessity, weighing the time that has passed as one of three statutory factors
• CRAs reporting to Delaware employers, and private employers themselves, are not subject to a Delaware-specific lookback cap; they follow the federal FCRA limits described above

Because Section 711(h) does not apply to private employers, a private employer using a CRA in Delaware can receive and act on conviction information without any Delaware-imposed time limit, subject only to the FCRA.

Federal FCRA Requirements in Delaware

All Delaware employers who use a third-party consumer reporting agency to conduct background checks must comply with the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.).

Disclosure and Authorization

Before conducting a background check through a CRA, employers must:

• Provide a clear, written disclosure to the applicant that a background check may be conducted
• Obtain written authorization from the applicant before ordering the report
• The disclosure must be a standalone document, not buried in the job application

Permissible Purpose

Under the FCRA, background checks can only be conducted for a permissible purpose. Employment screening is a recognized permissible purpose, but the employer must certify to the CRA that the information will be used solely for employment decisions and that all FCRA requirements will be followed.

Report Contents

CRAs conducting Delaware background checks typically search:

• Delaware State Bureau of Identification criminal records
• Delaware court records (Superior Court, Court of Common Pleas, Justice of the Peace Courts, Family Court)
• Federal district court records
• Sex offender registry
• National criminal database searches

Accuracy Requirements

The FCRA requires CRAs to follow reasonable procedures to ensure the maximum possible accuracy of the information in their reports. If a consumer disputes information in a report, the CRA must investigate and correct or delete inaccurate information within 30 days.

Employment Background Checks

Private Employer Requirements

Private employers in Delaware are not subject to the state's Ban the Box law. They may ask about criminal history on job applications and at any point during the hiring process. However, private employers must still comply with federal FCRA requirements when using a CRA to conduct checks.

Private employers should also be aware that under the Delaware Discrimination in Employment Act (DDEA), using criminal history as a pretext for discrimination based on race, color, religion, sex, national origin, disability, age, or genetic information is prohibited. Because criminal records disproportionately affect certain racial and ethnic groups, blanket criminal history policies may expose employers to disparate impact claims.

What Employers Can and Cannot Ask

Drug Testing

Delaware does not have a comprehensive drug testing law for private employers. However, employers must comply with the Delaware Medical Marijuana Act, which provides certain protections for registered qualifying patients. Employers with federal contracts or in safety-sensitive industries may have additional obligations.

Salary History Ban

Under 19 Del. Code Section 709B, employers are prohibited from asking applicants about their salary histories and cannot ask former employers to reveal compensation information. While not directly related to criminal background checks, this restriction is part of the broader framework governing what employers may inquire about during the hiring process.

Housing and Tenant Screening

Delaware landlords and property management companies may conduct background checks on prospective tenants, but must follow specific rules.

What Landlords Can Screen For

Landlords may investigate:

• Credit history and creditworthiness
• Criminal record and conviction history
• Rental history and prior evictions
• Employment status and income verification
• Public records of civil judgments

Application Fee Limits

Delaware law caps tenant screening application fees at the greater of 10% of monthly rent or $50, whichever is higher. This fee covers the cost of conducting background and credit checks.

Fair Housing Protections

Landlords must comply with both federal and state fair housing laws. The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. The Delaware Fair Housing Act adds additional protected classes.

Under guidance from the U.S. Department of Housing and Urban Development (HUD), landlords should avoid blanket bans on applicants with criminal records because such policies may have a disparate impact on protected classes. HUD recommends individualized assessments that consider:

• The nature, severity, and recency of the criminal conduct
• The age of the individual at the time of the offense
• Evidence of rehabilitation or good tenancy before and after the conviction

Landlords cannot deny housing based solely on arrest records that did not result in convictions. HUD has stated that arrests alone do not indicate criminal activity and cannot be the basis for housing denial.

Expunged Records

Landlords, like employers, cannot access or consider expunged records when making tenant screening decisions.

FCRA Compliance for Landlords

Landlords who use consumer reporting agencies for tenant screening must follow the same FCRA rules as employers, including providing disclosure, obtaining written authorization, and following adverse action procedures if denying an application based on the report.

Professional Licensing Checks

Delaware requires criminal background checks for numerous professional licenses, particularly in healthcare, childcare, education, and public safety fields.

The IdentoGO System

As of September 5, 2023, all professional licensing background checks in Delaware are processed through the IdentoGO digital fingerprinting system. Applicants must register at uenroll.identogo.com using a profession-specific service code provided by their licensing board.

The Division of Professional Regulation oversees this process for more than 24 professional licensing categories, including:

• Physicians, physician assistants, and respiratory care practitioners
• Registered nurses (RN), advanced practice registered nurses (APRN), and licensed practical nurses (LPN)
• Dentists and optometrists
• Mental health professionals (LPCMH, LMFT, and related credentials)
• Pharmacists
• Real estate appraisers
• Psychologists

Healthcare and Home Care

Under Title 16, Section 1145 of the Delaware Code, criminal background checks and drug testing are required for employees of home health agencies, hospice agencies, and personal assistance services agencies. These requirements exist to protect the safety and well-being of residents receiving care services.

Employers in these fields may not employ or continue to employ an individual with a conviction for certain disqualifying offenses, particularly sex offenses and offenses against children.

Childcare and Education

Delaware mandates criminal background checks for all individuals working in childcare settings and schools. Convictions for sex offenses, offenses against children, and other specified crimes are disqualifying for these positions.

Licensing Check Limitations

Background checks obtained through the professional licensing process are valid only for the specific licensing purpose. Results cannot be forwarded or transferred to another state or jurisdiction.

Credit Check Restrictions

Delaware restricts employer use of credit information, but the restriction reaches only public employers and only the timing of the inquiry.

Public Employer Restrictions

Section 711(h)(1) makes it an unlawful employment practice for a public employer to inquire into or consider an applicant's credit history or credit score during the initial application process, up to and including the first interview. Credit history is listed in the statute alongside criminal history and is subject to the same timing rule.

Section 711(h)(2) then allows a public employer to inquire into or consider credit history or credit score after the completion of the first interview, provided the applicant is otherwise qualified. The statute attaches no relevance condition to that inquiry. The "job related for the position in question and consistent with business necessity" standard in Section 711(h)(3) is written to govern disqualification based on criminal history, not credit.

Who Is Not Covered

The only carve-outs are the entity and position list in Section 711(h)(4): any state, county or municipal police force, the Department of Correction, the Department of Justice, the Office of Defense Services, the courts, or any position where federal or state statute requires or expressly permits consideration of an applicant's criminal history.

Delaware law does not carve out federally insured financial institutions or managerial and supervisory positions from its employment credit rule, and private employers are outside Section 711(h) entirely.

FCRA Credit Report Rules

Regardless of state law, any employer conducting a credit check must obtain separate written consent from the applicant under the federal FCRA. The credit check authorization must be distinct from the general background check disclosure.

How to Obtain a Delaware Criminal History Report

Through the State Bureau of Identification

The Delaware State Police State Bureau of Identification processes all certified criminal history reports through fingerprinting.

Scheduling: Appointments must be scheduled online at uenroll.identogo.com or by calling 866-761-8069.

Locations: Nine fingerprinting locations are available statewide, including Wilmington, Newark (2 locations), Middletown, Dover (2 locations), Milford, Georgetown, and Seaford.

Required identification: A valid photo ID such as a driver's license or state ID from any state is required. A social security card or birth certificate is not necessary.

Fee Schedule

Payment is accepted through credit or debit cards, money orders, company checks, or certified checks payable to the Delaware State Police.

Personal Criminal History Requests

Individuals may request their own criminal history record using service code 27RVGT. Personal requests cannot be used to satisfy legal requirements imposed on organizations or employers. Employers and licensing agencies must use their own designated service codes.

Adverse Action Requirements

When an employer or landlord decides not to hire or rent to someone based on information in a background check, they must follow specific adverse action procedures.

Pre-Adverse Action Notice

Before making a final decision, the employer or landlord must:

• Send a pre-adverse action notice to the applicant
• Include a copy of the background check report
• Include a copy of the FTC's "Summary of Your Rights Under the FCRA"
• Allow the applicant a reasonable amount of time (generally five business days) to review the information and respond

Final Adverse Action Notice

If the employer or landlord proceeds with the adverse action, the final notice must include:

• A statement of the applicant's rights under the FCRA
• The name, address, and phone number of the CRA that provided the report
• A statement that the CRA did not make the employment or housing decision
• Notice that the applicant has the right to obtain a free copy of the report within 60 days
• Notice that the applicant has the right to dispute the accuracy of the report

Additional Requirements for Public Employers

Public employers in Delaware must also comply with Section 711(h) when disqualifying an applicant based on criminal history. This includes conducting the individualized assessment described in the Ban the Box section above and documenting the reasons for the decision.

Recent Changes and Updates

Clean Slate Implementation (2024)

The most significant recent change in Delaware background check law is the implementation of automatic expungement under the Clean Slate Act beginning August 1, 2024. While the law was signed in 2021, the technical infrastructure needed to identify and process eligible records took several years to build.

As the SBI continues processing the backlog of eligible records, employers and screening companies should expect an increasing number of previously reportable records to become unavailable through standard background check channels.

IdentoGO Transition (2023)

In September 2023, Delaware transitioned all fingerprint-based background checks to the IdentoGO digital system. This replaced the previous paper-based fingerprinting process and consolidated scheduling across nine statewide locations. The change streamlined processing times and improved accuracy.

Ban the Box for Academic Institutions (Title 14, Chapter 90C)

Delaware also enacted a Ban the Box law specifically for academic institutions. Under Title 14, Chapter 90C, postsecondary institutions receiving state funding and private institutions with Delaware campuses are prohibited from asking about criminal history on initial admissions applications. Institutions may only inquire about criminal convictions related to stalking or sexual offenses before an admissions decision.

After acceptance, institutions may inquire about criminal history for purposes such as counseling, campus life participation, and residential arrangements. They must conduct individualized assessments considering the nature and gravity of the conduct, the timing, the student's age, and evidence of rehabilitation.