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Preemployment Screening and Testing: Delaware

Preemployment Screening and Testing requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Lindsay O. Clizbe and Michael B. Rush, Potter Anderson & Corroon LLP; and David B. Weisenfeld, XpertHR Legal Editor


  • Job applicants in Delaware need not reveal an expunged criminal record unless they are seeking a law enforcement position. See Criminal Records.
  • Public employers generally may not inquire about an applicant's criminal history until after a first interview. See Ban the Box Law.
  • There are special screening requirements on employers operating health care or childcare facilities. See Mandatory Background Checks.
  • Delaware restricts employers' access to certain motor vehicle records in connection with background checks. See Motor Vehicle Records.
  • Delaware law requires that employers in specific industries conduct drug testing of their job applicants. Employers that fail to comply may face substantial civil penalties. See Drug Testing.
  • Unlike medical marijuana legalization laws in many other states, Delaware offers specific protections for covered employees. See Medical Marijuana.