Background Check Delaware – All You Need to Know

Michelle Wilson - July 17, 2026

The mention of a background check can strike dread into anyone’s heart, but with 70% of workers lying on their resumes, it’s now treated as a necessary safeguarding measure by most employers in Delaware. 

Background checks aren’t just used for vetting job seekers in the workforce. They are also used for screening prospective tenants in housing and assessing suitability for certain programs, fostering, academic course enrollment, and even volunteering roles. Background checks are also commonly carried out when applying for loans or financial aid. 

It’s practically impossible to avoid a background check at some stage in your life, but you don’t have to fear them. Our complete Delaware background check guide explains all you need to know below. 

What Is a Delaware Background Check?

A background check Delaware residents need to be concerned about is a state-level check of a person’s background and history. It usually involves identity verification and a close review of all available public records associated with the person, including criminal records, court records, and financial records, as well as employment and education history.

The exact nature and scope of a background check can vary, though the premise is the same: It is used to confirm that the individual has been truthful, isn’t likely to pose a risk, and meets the requirements for what they are applying for.

Some background checks in Delaware are relaxed and simply involve identity verification and quick reference calls. Others, like level 2 background checks, are rigorous and involve a close look at every area of your life, and even go back as far as ten years or more. 

Your records may also be pulled from other states or even internationally. This is often the case if you have relocated frequently, worked abroad, or are applying for a law enforcement role. You can also expect an enhanced background check when applying for a position that involves direct contact with vulnerable people, such as children and the elderly.

An agency must first obtain your consent before they can carry out the background check. Most background checks are completed within a few days, though some can take longer, potentially even weeks, if they’re enhanced or involve accessing out-of-state records.

Background Check Delaware: What to Expect

Delaware background checks leverage public records, among other available sources, to uncover information such as:

Identity Details

Your full legal name, associated aliases, address history, and contact information. This usually includes phone numbers and email addresses. Social Security number (SSN) verification may also be a part of a Delaware background check.

Criminal History

Past misdemeanors, felonies, driving penalties, and other recorded criminal activity will show unless these records have been expunged. Your name will also be checked against state-specific (and nationwide) registries, such as adult and child abuse registries or sex offender registries. 

Education and Work History

Your education and qualifications will be carefully vetted to verify enrollment and whether you obtained the grades disclosed in your application. Some checks may even call old academic references, request your attendance record, or check for reports of misconduct or other violations. 

Your work history will be closely examined in a similar way to ensure you have the necessary experience and credentials, and everything matches what’s on your resume.

Other Information a Delaware Background Check Shows

A Delaware background check may also uncover further information, depending on what you are applying for and the type of background check being conducted. This includes details such as:

• Civil Court Records: Uncovers lawsuits, restraining orders, and other civil matters or disputes
• Driving Records: Includes license information and any driving-related penalties or violations
• Social Media Activity: Includes publicly shared posts, status updates, photos, and videos
• Financial History: Investigates any debts, credit history, or bankruptcies

Some employers or agencies may also conduct a drug test as part of the screening process. Law enforcement agencies may even request a polygraph test.

Background Check Delaware: Laws to Note

Any third party conducting a background check on you in Delaware must closely adhere to applicable local, state, and federal laws. These laws are in place to protect your privacy as much as possible throughout the process. They also help ensure past mistakes do not follow you through the rest of your life. 

Familiarizing yourself with these laws gives you the best chance of advocating for yourself while undergoing a background check.

Delaware Ban-the-Box Law 

Per House Bill 167, public employers (excluding government or police agencies) cannot inquire about or consider a candidate’s criminal history, credit history, or credit score until after the first interview. 

A public employer has the right to disqualify an applicant from employment based on their criminal history, provided the offense or conduct relates to the job and calls their suitability in question.

However, employers must consider the following factors in their hiring decision:

• The severity and nature of the offense
• The role they’re applying for
• How much time has passed since the last offense or completion of a sentence

Delaware previously had lookback limitations in place. Felonies older than 10 years or misdemeanors older than 5 years could not be used to disqualify a candidate. 

However, the house bill has since been revised, and this is no longer the case. An employer is now within their rights to consider criminal records as far back as they like (unless local laws overrule this).

In most places in Delaware, the only way to keep past criminal records away from a third party’s eyes is to request that these records be expunged.

Polygraphs Cannot Be Used as a Condition of Employment

Per 19 code § 704, employers cannot ask candidates to undergo a polygraph test as part of the employment screening process. A violation of this can result in a civil penalty of at least $1,000. 

Note that law enforcement agencies are exempt from this law. If you are a police applicant in Delaware, a polygraph test may still be a part of the screening process. 

No Social Media Information Requests 

Per 19 code § 709a, an employer cannot ask the applicant to disclose their social media usernames or passwords for the purpose of gaining access. 

They also cannot use personal social media as a condition of employment, nor ask them to accept a friend/invite request or adjust their privacy settings so that they can see the contents of their social media.

Be aware that nothing precludes an employer from still viewing and using an applicant’s social media information that is already publicly available. If you have posted content publicly, this activity can still come up in a background check. 

No Disclosure Needed for Expunged Records

Per 11 code § 4376, an applicant is not obligated to disclose or share any details about expunged convictions or arrests. An employer or other third party cannot request this information either. 

There are some exceptions, such as if you are applying for a law enforcement agency role. In most circumstances, however, this rule holds.

A Criminal Background Check May Be Mandatory 

In certain circumstances, a criminal background check is mandatory in Delaware. This acts as a safeguarding measure to ensure individuals who may pose a risk do not get in close contact with those who are vulnerable. This is a requirement when applying for:

• Fostering and adoption
• A law enforcement agency role or a healthcare job
• Any other role that involves working with vulnerable groups, like children

For the criminal background check, you will need to provide your full name, aliases, and other identifying details. You will also need to provide fingerprints. Your criminal records will be carefully reviewed, and this report will often uncover information such as:

• Any charges (including degree, charge date, and filing date)
• Where the offense occurred
• Sentence information 
• Disposition and disposition date 

As part of this check, your details will be checked across various registries. You can also obtain a certified Delaware criminal history for personal use.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that agencies must closely follow in Delaware when conducting background checks. Under this law, agencies must request the person’s consent before performing the background check and explain its purpose to them. 

They must also provide a copy of the individual’s consumer rights. These rights include:

• You must be told if information from a background check has been used against you
• You have the right to know what information they have about you
• You have the right to contest inaccurate, unverifiable, or incomplete information

In most instances, consumer reporting agencies also cannot divulge outdated negative information that is more than seven years old (or bankruptcies over ten years old).

Delaware Background Check Disqualifiers

Disqualifications depend on the intent of the background check. For instance, if you are applying for a role that involves driving, then a string of driving penalties can result in immediate disqualification. 

However, this would likely not be considered when applying for a rental property as a prospective tenant. Instead, your financial history and employment would be the key considerations.

Still, there are some common disqualifiers no matter what you’re applying for. These include:

• Criminal history (particularly if recent, severe in nature, or evidence of past offenses)
• Lacking the qualifications or experience required for the role
• Inaccurate information provided
• Appearing in registries, like the sex offender registry 
• Evidence of bankruptcies, debts, or other financial red flags

In addition to these, a failed drug screening test can also be a disqualifier. 

How Can I Prepare for a Delaware Background Check?

The best way to prepare for a Delaware background check is to familiarize yourself with the key laws noted above. You should also ensure you are transparent with the agency throughout the process. Dishonesty will quickly be caught in a background check, which can lead to immediate disqualification (and potentially worse repercussions). 

Many individuals find that one of the best ways to prepare is to run a background check on themselves in advance. 

This self-background check allows you to verify the information that is likely to come up and resolve any inconsistencies, missing information, or inaccurate details before your professional check. It also helps you identify (and address) anything that could read as a red flag to an outsider’s eyes.

You can leverage a reputable online people search tool, like ours here at CheckPeople, to run your own background check easily. 

Understanding Your Delaware Background Check 

A Delaware background check is a comprehensive look back on your life, but in most cases, it is not a cause for concern. It is simply verifying your suitability and the information you provided them. 

As long as you have been truthful, cleared up any inaccuracies or inconsistencies, and haven’t committed offenses, a background check’s results typically won’t bar you from what you are applying for in Delaware.

If you have a criminal history, be upfront and show how you have committed to change. This will give you the best chance of passing a background check.