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Delaware Background Check Laws: What Employers Need to Know
Delaware doesn't add much beyond federal FCRA standards for most private employers, with its added rules focused mainly on government contractors and public agencies, relevant across the state's chemical manufacturing, finance, and healthcare industries, whether you're hiring in Wilmington, Dover, or Newark.
Salary History
Employers are prohibited from asking applicants about their past salary.
Public Employers and Contractors: Delayed Background Checks
State employers can't ask about or obtain criminal record information until after a candidate's first interview. Government contractors are encouraged, though not legally required, to follow the same practice.
Public Employers and Contractors: Credit Reports
Along the same lines, state employers can't consider a credit report or credit score until after the first interview, with contractors again encouraged but not required to match.
Social Media Password Protections
Employers can't request that an employee or applicant disclose their username, password, or other means of accessing personal accounts or social media.
Pass-Through Fees for Delaware Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (Delaware State Police Bureau of Identification) | N/A — no name-only check available; all searches require fingerprints |
| Motor vehicle record | $25.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Delaware Employers
Does Delaware have a Ban-the-Box law for private employers? No, not for private employers. The delayed background check rule applies to public/state employers, with contractors encouraged to follow the same practice voluntarily.
Can I ask a Delaware candidate for their social media password? No. Employers can't request usernames, passwords, or other access to personal accounts or social media, regardless of employer type.
How do I run a statewide criminal check in Delaware? Delaware requires fingerprint-based verification; there's no public name-only lookup available.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
