Delaware background check laws
A practitioner-grade reference to Delaware pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to DE.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Public sector |
| Salary history | Banned (19 Del. C. §709B) |
| Cannabis testing | Medical + recreational (2025) |
Lookback period
Delaware applies FCRA timing; certain records may be expunged under 11 Del. C. §4373.
Ban-the-Box and Fair Chance rules
19 Del. C. §711 prohibits public-employer criminal inquiries before the first interview. No statewide private-employer rule.
Salary history
Employers may not screen applicants based on compensation history or seek that history from prior employers.
Cannabis & drug testing
HB 1 (2023) legalized adult-use cannabis with retail rollout in 2025. Employer drug-free workplace rights are preserved pending Department of Labor guidance.
Governing statutes & references
- 19 Del. C. §709B
- 19 Del. C. §711
- HB 1 (2023)
SafestHires compliance note
Mandatory access pathway for healthcare under Title 16 Chapter 11.