Delaware Background Check Laws You Should Know
Delaware combines federal protections with its own rules about criminal records, expungement, pardons, and fair-chance hiring. Understanding these laws helps you know what should and should not appear in a background check.
Federal Laws That Affect Delaware Background Checks
Fair Credit Reporting Act (FCRA)
The FCRA is the main federal law that regulates background checks for employment and other purposes. It requires:
- Clear written disclosure and your written consent before a background check
- A "pre-adverse action" notice and copy of the report if an employer may take negative action based on the report
- A final adverse action notice if they decide not to hire or promote you because of the report
- The right to dispute incomplete or inaccurate information
Title VII of the Civil Rights Act
Title VII prohibits discrimination based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) has issued guidance explaining that employers should evaluate criminal records individually, considering the nature of the offense, the time passed, and its relevance to the job.
Fair Chance to Compete for Jobs Act (Federal "Ban the Box")
For federal agencies and certain federal contractors, this law delays criminal history inquiries until after a conditional job offer has been made.
Key Delaware Background Check Considerations
Delaware Criminal History, Expungement, and Pardons
Delaware law provides several ways to address criminal records, including mandatory and discretionary expungement for certain arrests and convictions, as well as pardons through the Board of Pardons and the Governor. When records are expunged, they are generally removed from public access and should not appear on typical employment background checks, though law enforcement and certain agencies may still access them. Pardons may also help show rehabilitation and affect how a conviction is viewed.
Ban-the-Box and Fair-Chance Hiring Practices
Delaware has adopted ban-the-box–style requirements for many public employers, delaying questions about criminal history until later in the hiring process. Some local governments or specific sectors may have additional fair-chance hiring policies. Even when employers can ask about criminal history, they must still follow federal FCRA and anti-discrimination rules when using that information.
Industry and Role-Specific Requirements
Some Delaware jobs—especially those involving vulnerable populations, education, financial services, healthcare, or public safety—have additional background check requirements under state or federal law. These may involve fingerprint-based checks, FBI databases, or participation in centralized background check programs.
Important: Background check laws change over time and can vary by city or county. Always verify current requirements in Delaware and consult legal counsel if you need advice about a specific situation.