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Delaware State Background Check Laws

Delaware House Bill 167 (2014) was signed into law by Delaware’s governor in May 2014, and banned-the-box on all applications for public employment jobs in the state, all cities, and counties.

Criminal background checks cannot be requested until the first interview has been completed. Certain positions, such as police forces, are exempt. Criminal records are assessed using the bulk of the EEOC criteria.

New Castle County, DE

In January 2014, the New Castle County Executive signed an Executive Order that banned-the-box from non-uniformed County job applications. Background checks are only requested after a conditional offer of employment has been made.

Wilmington, DE

In December 2012, Wilmington’s City Council passed a resolution encouraging the City Administrators to ban-the-box on City employment applications. The next week, the Wilmington mayor signed Executive Order 2012-3 banning-the-box.

Criminal background checks will now be conducted on applicants for non-uniformed positions only after a conditional job offer is made.

Cities Include: Wilmington, Dover, Newark, Middletown, Smyrna, Milford and more.