An Employer’s Guide to Delaware Background Checks

By reviewing key details such as criminal history, employment verification and education credentials, background checks support a more thorough and compliant hiring process.   However, before implementing a screening program, employers should understand how background checks work and the federal and state laws that regulate them.

This guide provides a comprehensive overview of background checks in Delaware — including what information they may reveal, how far back they go, how long they typically take to complete, and the legal requirements that impact their use.

What Is a Delaware Background Check?

A Delaware background check is a screening tool employers use to review an applicant’s history for employment-related purposes. These screenings help confirm a candidate’s identity and evaluate information relevant to the role. This guide outlines what Delaware background checks typically include, how far they can go back, how long they take, and the laws that govern them.

Employers most often conduct background checks during the recruitment process to make informed hiring decisions. These screenings typically consist of multiple searches designed to verify qualifications and assess a candidate’s past. They highlight credentials and provide valuable insight that may not appear on a standard job application.

In some cases, employers may conduct background checks for internal candidates. The scope of these checks may vary depending on the position. For instance, managerial or executive candidates often undergo a more extensive screening due to the increased responsibility and access associated with these roles.

Enhanced screening is also common for positions involving care or direct contact with vulnerable populations. Roles such as EMS personnel, caregivers, and first responders, require thorough vetting to help ensure the safety of children, elderly individuals, and other at-risk groups.

A comprehensive screening program supports workplace safety, strengthens productivity, and protects a company’s reputation. To make sound hiring decisions, Delaware employers should tailor their background check programs to align industry standards and job-specific requirements. Common components include criminal and civil record searches, employment and education verification, and identity confirmation.

What Does a Delaware Background Check Include?

Delaware background checks may reveal a range of information depending on the specific search components ordered. The scope of the results will vary based on the position, industry requirements, and the employer’s screening package.  Common search types include but are not limited to:

• Criminal History: Criminal history checks identify a candidate’s pending criminal cases and convictions, including details such as the offense type, date, and severity. While this information may be considered during the hiring process, the presence of a criminal record does not automatically disqualify a candidate from employment.
• Civil Court Check: Civil court checks investigate a candidate’s involvement in lawsuits, foreclosures, restraining orders, and other civil matters. Employers commonly use these screenings when evaluating candidates for financial or managerial positions.
• Education Verification: Education verification confirms an individual’s academic history, including institution names, addresses, contact information, dates of attendance, and certificates earned. Employers use these checks to validate a candidate’s qualifications and ensure the accuracy of the information provided.
• Employment Verification: Employment verifications confirm a candidate’s prior work history, including employer names, addresses, contact information, dates of employment, and positions held. Employers use these checks to identify gaps in employment and detect omitted employers.
• Credit Background Check: Credit checks review a candidate’s credit history, including payment patterns, accounts in collection, and bankruptcies. Employers use these search components to assess financial responsibility,  particularly for roles involving financial oversight.
• Identity Verification: Identity verification confirms that a candidate is who they claim to be by validating government-issued identification, such as a driver’s license or passport. This process includes comparing identity documents with data-based records or biometric checks against trusted databases to ensure the document is authentic and the individual presenting it is the rightful owner. Employers use identity verification to combat identity fraud, reduce risk, and maintain compliance with employee identification requirements.
• SSN Trace: The Social Security Trace (SSN Trace) verifies a candidate’s Social Security Number, legal name, aliases and past addresses. SSN traces rely on non-confidential credit header information collected when a social security number is used for credit purposes. This information helps guide county-level criminal record searches when included. It is not a credit check – no credit scores are used, and no inquiry is made on the candidate’s credit report.
• Professional License Verification: Professional license verification confirms a candidate’s licensure details, including issue date, license type, expiration date, and current status. Employers use this verification for roles requiring specific credentials to confirm the candidate is properly qualified and to help mitigate the risk of negligent hiring.
• Motor Vehicle Records Check: If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Delaware Department of Motor Vehicles (DMV) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 3 years of driving history.
• Sex Offender Registry Check: This is another aspect of the background check process that may be limited to employers operating within licensed and regulated fields. While a candidate's sex offender registry status is a matter of public record, access to more detailed information is typically restricted to certain professions and specialized roles.
• Pre-Employment Drug Test: Pre-employment drug testing typically involves a 5-panel test that screens for amphetamines, cocaine, opiates, PCP, and THC in the applicant’s urine. These screenings help maintain a safe and productive workplace. While they detect recent drug use, they cannot determine a history of past substance abuse.
• Social Media Check: Social media checks provide a border perspective on an applicant’s behavior outside of the workplace. While these checks are not typically  part of standard background screening programs, employers may review social media activity to gain additional insight into a candidate’s character and conduct.

Each component provides specific insight into a candidate’s background.  Employers should ensure the searches they conduct are job-related, consistent with business necessity, and are compliant with applicable federal and Delaware laws.

How Far Back Do Delaware Background Checks Go?

The lookback period of a Delaware background check depends on the type of search being conducted and the information being reported

Under the Fair Credit Reporting Act (FCRA), certain protected information - such as civil judgment and credit-related data - is generally limited to a seven-year reporting period for positions with an annual salary of less than $75,000.  Bankruptcies may be reported for up to ten years, while criminal convictions may be reported indefinitely.

How Long Does a Background Check Take in Delaware?

The amount of time it takes to receive background check results depends on the type and scope of the search conducted. For example, a federal criminal search may return results within one business day, while more comprehensive searches at the state and county levels can take several days, depending on court access and jurisdictional processes.

Turnaround times may also be extended when records must be reviewed manually. While many jurisdictions offer digital access, some require in-person searches, manual file reviews, or clerk assistance. Employment and education verifications, reference checks and certain record validations can also add time to the overall process.

Partnering with a reputable consumer reporting agency can help streamline the process. ScoutLogic offers a comprehensive background check program designed to deliver accurate, up-to-date results in a timely and compliant manner.

Criminal History Checks

The turnaround times for criminal history checks vary based on the scope of the search and the jurisdictions involved. Federal-level searches may return results within one business day, while state and county-level searches can take several days to complete. Employers may elect to include these additional searches to obtain a more comprehensive view of an applicant’s criminal history.

Processing times may also be affected by the number of jurisdictions searched, internal review requirements, and the level of record digitization within each court system. Court workload and operational efficiency can further influence overall turnaround times.

Employment Verification

Employment verification can be completed within minutes when an applicant’s work history is available through The Work Number (TWN). When records are not available electronically, manual verification is required, which typically takes one to three business days. Turnaround times may vary depending on the responsiveness of previous employers, the length and complexity of the applicant’s work history, and whether international employment verification is needed.

Education Verification

Education verification turnaround times can range from a few minutes to several business days. Records available through the National Student Clearinghouse (NSCH) can typically be accessed within minutes. When records are not digitized or unavailable electronically, verification must be obtained directly from the applicant’s educational institution.  In these cases, processing times may vary depending on the institution’s registrar response time and verification procedures.

Motor Vehicle Records Check

Motor Vehicle Record (MVR) checks can return results within minutes when records are digitized. If digital access is unavailable, employers must submit an MVR request through the appropriate government agency. When requests are processed by mail and/or email, turnaround times may extend to several weeks. Nebraska driving records, however,  are available online through the Delaware Department of Motor Vehicles (DMV).

Drug Testing

Drug test result timelines vary based on the type of test administered and laboratory processing times. Rapid tests may return results within a few hours, while more comprehensive laboratory testing typically takes one to three business days. Positive test results typically require additional rounds of testing for confirmation, which can further extend the turnaround time. 

Delaware Background Check Laws & Requirements

Delaware employers must conduct background checks in compliance with all applicable federal, state, and local laws. In some industries, screenings are mandated by law, while in others, employers implement them as part of their commitment to maintaining a safe, secure, and productive workplace. Before establishing a background check program, Delaware employers should ensure they understand the relevant legal requirements and regulatory obligations.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law enforced by the Federal Trade Commission (FTC) that protects consumer privacy by regulating the information consumer reporting agencies (CRAs) can provide in employment background checks.

Under the FCRA, certain criminal, civil, and credit information is subject to reporting restrictions. Protected information includes arrests without convictions, civil lawsuits, liens, judgments, accounts in collection, and bankruptcies.

CRAs may report other relevant information about a candidate’s history. Delaware employers partnering with a CRA for background checks must comply with FCRA requirements. This includes providing applicants with notice of the screening, obtaining written consent and following proper procedures if negative information is discovered.

The FTC also provides guidance on handling adverse information. Employers must follow the required adverse action process and inform applicants of their FCRA rights before taking any employment action based on background check results.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law enforced by the Equal Employment Opportunity Commission (EEOC) that protects applicants from discrimination based on race, color, sex, religion, or national origin. The EEOC provides guidance to employers on how to consider conviction records uncovered during background checks.

Under EEOC guidelines, employers must assess each criminal record on a case-by-case basis, considering its relevance to the position, before making any adverse employment decisions.

Ban-the-Box Law

Under Delaware House Bill 167, public employers may not inquire about an applicant’s criminal history on an employment application or otherwise discuss criminal history with the applicant until a conditional offer of employment has been extended.

Once a conditional offer has been made and a background check is conducted, covered employers may not consider:

• Felony convictions older than 10 years from completion of sentence, or
• Misdemeanor convictions older than 5 years from completion of sentence

when making hiring decisions.

Employers should ensure their application materials and hiring practices are structured to remain compliant with these requirements.

Salary History Inquiries

Under Delaware Code Title 19, § 709B, employers are prohibited from screening applicants based on compensation history or seeking an applicant’s salary history from the applicant or the applicant’s current or former employers.

This means employers may not:

• Ask applicants about prior wages or benefits during the hiring process, or
• Contact a current or former employer to obtain salary history information.

Employers may, however, discuss salary expectations with applicants and may verify compensation history after an offer of employment has been extended, if the applicant voluntarily provides that information.

Expunged Records

Under Title 11 Delaware Code § 4372, job applicants are not required to disclose any convictions or arrests that have been expunged from their criminal record. Employers are prohibited from inquiring about or considering expunged records during the hiring process.

Polygraph Restrictions

Under Title 19 Delaware Code § 704, employers cannot require applicants or employees to submit to a polygraph test as a condition for employment.

Social Media Privacy

Under Title 19 Delaware Code § 709A, employers cannot: 

• Ask applicants or employees to provide their social media account information.
• Require them to log into their accounts in the employer’s presence.
• Request that they change privacy settings to allow the employer to view their social media pages.