Does Delaware have ban-the-box for private employers?

No. Delaware's ban-the-box policy only applies to state government employers. Private employers can ask about criminal history at any stage of the hiring process, including on the initial job application.

Will a record automatically sealed under the Clean Slate law show on my background check?

No. Once a record is automatically sealed under Delaware's Clean Slate law, it should not appear on standard background checks conducted by consumer reporting agencies. Sealed records are removed from public access, though they may still be accessible to law enforcement.

Can I petition for expungement of records not covered by the Clean Slate law?

Yes. Delaware has a petition-based expungement process (11 Del. C. § 4372 et seq.) that covers additional categories of offenses beyond the automatic Clean Slate law. This includes acquittals, dismissals, and certain conviction records. You must file a petition with the court and meet specific eligibility requirements. A legal aid attorney can help determine your eligibility.

Does Delaware require employers to do an individualized assessment?

No. Delaware state law does not require private employers to perform an individualized assessment before denying employment based on criminal history. However, federal EEOC guidance recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job.

Can an employer in Delaware see my juvenile record?

Generally, no. Juvenile records in Delaware are typically sealed or confidential and should not appear on standard employment background checks. Delaware law provides strong protections for the confidentiality of juvenile records.

How do I check my criminal record in Delaware?

You can request your criminal history from the Delaware State Bureau of Identification (SBI). Checking your record before applying for jobs is a smart step — it allows you to verify accuracy, understand what is currently visible, and determine whether any records may be eligible for automatic sealing or petition-based expungement.

Delaware Background Check Laws

No state lookback limitLast updated: 2026-04-01

In Delaware, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit beyond FCRA defaults. However, Delaware's Clean Slate law (effective August 2024) automatically seals certain drug and other offenses after 5-10 years, removing them from background checks.

Overview

Delaware does not impose a state-level time limit on how far back criminal convictions can be reported on a background check beyond the federal FCRA defaults. This means convictions can appear on a background check indefinitely. Non-conviction records are limited to seven years under the FCRA for employment screening purposes. Delaware has a ban-the-box policy for public employers (state government) but does not extend this protection to private employers. Private employers in Delaware can generally ask about criminal history at any point during the hiring process. Notably, Delaware enacted a Clean Slate law in 2021 (effective August 1, 2024) that provides automatic expungement of certain records. This is a significant step forward for Delawareans seeking a fresh start. The law automatically seals records for drug possession (5 years after case completion), other drug crimes (10 years), counterfeit controlled substances, possession of burglary tools, and unauthorized use of a credit card. While the scope is more limited than some other states' Clean Slate laws, it represents meaningful progress and removes barriers for thousands of Delaware residents.

How Far Back Does a Background Check Go in Delaware?

Record Type	Rule in Delaware
Felony Convictions	No time limit on reporting. Felony convictions may appear indefinitely unless they fall under the Clean Slate law's eligible categories.
Misdemeanor Convictions	No time limit on reporting. Misdemeanor convictions may appear indefinitely unless eligible for automatic sealing under the Clean Slate law.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules. However, certain convictions may be automatically sealed under Delaware's Clean Slate law after 5-10 years.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment screening.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes

Delaware has a ban-the-box policy for state government employers. Executive Order 53 (2014) and subsequent legislation prohibit state agencies from asking about criminal history on initial employment applications. However, this does not extend to private employers or local government employers. Private employers in Delaware may ask about criminal history at any point during the hiring process, including on the initial application.

Effective: 2014

Clean Slate / Auto-Sealing

Yes — automatic sealing

Delaware enacted a Clean Slate law in 2021 (effective August 1, 2024) that provides automatic expungement of certain criminal records. Eligible offenses and waiting periods: (1) Drug possession offenses — automatically sealed 5 years after case completion. (2) Other drug-related crimes — automatically sealed 10 years after case completion. (3) Counterfeit controlled substances — automatically sealed. (4) Possession of burglary tools — automatically sealed. (5) Unauthorized use of a credit card — automatically sealed. The individual must not have any pending charges or new convictions during the waiting period. Once sealed, these records should not appear on standard background checks. The scope is narrower than some other states' Clean Slate laws, covering specific categories rather than all misdemeanors or felonies.

Effective: 2024-08-01

What Employers Can Do in Delaware

When can employers ask about criminal history?: State government employers cannot ask about criminal history on initial job applications. Private employers can ask about criminal history at any point during the hiring process, including on the initial application.
What can they consider?: Private employers in Delaware can generally consider any criminal conviction in making employment decisions. There is no state law requiring an individualized assessment or specific evaluation framework for private employers. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and relevance to the job, but this is not mandated by Delaware state law. Employers cannot consider records that have been expunged or sealed under the Clean Slate law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Delaware

Delaware Clean Slate Law (SB 111)(2021)
Provides automatic expungement of certain criminal records, including drug possession (5 years), other drug crimes (10 years), counterfeit controlled substances, possession of burglary tools, and unauthorized credit card use. Effective August 1, 2024.
Delaware Executive Order 53 — Ban the Box (Public Employers)(2014)
Removes the criminal history question from initial state government employment applications. Applies only to state agencies, not private employers.
Delaware Expungement Statute (11 Del. C. § 4372 et seq.)
Governs petition-based expungement of criminal records in Delaware. Allows individuals to petition for expungement of certain offenses beyond those covered by the automatic Clean Slate law, including acquittals, dismissals, and some convictions after meeting eligibility requirements.
Fair Credit Reporting Act (FCRA)(1970)
Federal law providing baseline protections, including the 7-year limit on non-conviction records for employment screening. Applies in Delaware alongside state-specific provisions.

Frequently Asked Questions — Delaware

How far back does a background check go in Delaware?: In Delaware, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit beyond federal FCRA defaults. However, certain records are now automatically sealed under Delaware's Clean Slate law (effective August 2024), including drug possession offenses (5 years after case completion) and other eligible offenses (10 years).
What does Delaware's Clean Slate law cover?: Delaware's Clean Slate law automatically seals specific categories of offenses: drug possession (5 years after case completion), other drug-related crimes (10 years), counterfeit controlled substances, possession of burglary tools, and unauthorized use of a credit card. The law does not cover violent crimes, sex offenses, or most non-drug offenses.
Does Delaware have ban-the-box for private employers?: No. Delaware's ban-the-box policy only applies to state government employers. Private employers can ask about criminal history at any stage of the hiring process, including on the initial job application.
Will a record automatically sealed under the Clean Slate law show on my background check?: No. Once a record is automatically sealed under Delaware's Clean Slate law, it should not appear on standard background checks conducted by consumer reporting agencies. Sealed records are removed from public access, though they may still be accessible to law enforcement.
Can I petition for expungement of records not covered by the Clean Slate law?: Yes. Delaware has a petition-based expungement process (11 Del. C. § 4372 et seq.) that covers additional categories of offenses beyond the automatic Clean Slate law. This includes acquittals, dismissals, and certain conviction records. You must file a petition with the court and meet specific eligibility requirements. A legal aid attorney can help determine your eligibility.
Does Delaware require employers to do an individualized assessment?: No. Delaware state law does not require private employers to perform an individualized assessment before denying employment based on criminal history. However, federal EEOC guidance recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job.
Can an employer in Delaware see my juvenile record?: Generally, no. Juvenile records in Delaware are typically sealed or confidential and should not appear on standard employment background checks. Delaware law provides strong protections for the confidentiality of juvenile records.
How do I check my criminal record in Delaware?: You can request your criminal history from the Delaware State Bureau of Identification (SBI). Checking your record before applying for jobs is a smart step — it allows you to verify accuracy, understand what is currently visible, and determine whether any records may be eligible for automatic sealing or petition-based expungement.

Delaware Resources

Delaware State Bureau of Identification — Criminal History
Request your own criminal history record from the Delaware State Police to review for accuracy.
Delaware Volunteer Legal Services (DVLS)
Provides free legal assistance to low-income Delawareans, including help with expungement petitions and criminal record issues.
Community Legal Aid Society, Inc. (CLASI)
Free civil legal services for eligible Delaware residents, including assistance with expungement and employment rights.
Delaware Courts — Expungement Information
Court resources and information about the expungement process in Delaware, including forms and eligibility requirements.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Delaware for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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