Background Check Error Lawsuits in Delaware

Delaware has no state law that regulates background check companies, and no statewide ban-the-box law for private employers. Public employers are covered. Under 19 Del. C. § 711(h), a public employer may not ask about or consider an applicant's criminal record, credit history or credit score until after the first interview. After that, it may disqualify someone over a record only if the exclusion is job-related and consistent with business necessity. Police agencies, the Department of Correction, the courts and some other offices are exempt.

Delaware's Clean Slate Act made expungement automatic for many records. Under 11 Del. C. § 4373A, the State Bureau of Identification has had to identify and expunge eligible cases each month since August 1, 2024, without an application. Rollout has been slow, and a person can still apply if a case has not yet been cleared. Under § 4372(d), a person generally does not have to disclose an expunged record and should not be asked to. Under § 4376, disclosing expunged records without a court order is generally unlawful.

Delaware also addressed eviction records. A 2025 law adding 25 Del. C. § 5720, effective January 29, 2026, lets former tenants ask the court to shield eviction filings in listed situations, such as dismissed cases or judgments for the tenant. A person with a shielded record may answer questions about evictions as if the case was never filed. A tenant screening report that lists a shielded or expunged case may be inaccurate.

Where Delaware FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Delaware are heard in one federal district:

District of DelawareCourthouses: Wilmington.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Delaware laws that add to the FCRA

Public employer criminal and credit history inquiries (19 Del. C. § 711(h))
Bars public employers from asking about or considering criminal record, credit history or credit score until after the first interview. Later exclusions must be job-related and consistent with business necessity. Police, corrections, the courts and some other offices are exempt. Read it
Clean Slate automatic expungement (11 Del. C. § 4373A)
Requires the State Bureau of Identification to identify and expunge cases eligible for mandatory expungement each month, starting August 1, 2024, without an application. Read it
Effect of expungement and disclosure limits (11 Del. C. §§ 4372(d), 4376)
Says a person generally is not required to disclose an expunged record and should not be asked to. Disclosing expunged records without a court order is generally unlawful, with exceptions for law enforcement. Read it
Shielding of eviction records (25 Del. C. § 5720)
Lets former eviction defendants ask the court to shield eviction filings in listed situations, such as dismissed cases or judgments for the tenant, with no filing fee. A person with a shielded case may answer as if it was never filed. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Delaware public employer ask about my record or credit before an interview?

No, for most public jobs. State and local public employers may not ask about or consider criminal history, credit history or credit score until after the first interview. Police, corrections, the courts and positions where law requires a check are exceptions.

Do I have to disclose an expunged Delaware record?

Generally no. Delaware law says a person is not required to disclose an expunged offense and should not be asked to. If an expunged case appears on a background check, you can dispute it with the screening company.

Can I keep an old eviction case off Delaware tenant screening reports?

You may be able to ask the court to shield it under 25 Del. C. § 5720, effective January 29, 2026, if you meet one of the listed conditions, such as a dismissed case or a judgment in your favor. After shielding, you may answer questions as if the case was never filed.

How long do I have to file an FCRA lawsuit in Delaware?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.