Public employers may not inquire into applicants’ criminal records until a conditional employment offer has been made, and at that point criminal records can be disqualifying only they are if job-related and “consistent with business necessity.” Delaware has no comparable “ban-the-box” law applicable to private employers.
Occupational or professional licenses may be denied or revoked only if the offense is one identified by the licensing board as being substantially related to the practice of the occupation or profession. A licensing board shall make an individualized assessment of the applicant, considering series of factors related to the person’s offense and subsequent rehabilitation, and grant a waiver unless to do so would create an unreasonable risk to public safety. Certain records may not be grounds for denial (non-convictions, pardoned or expunged convictions, convictions more than 10 years old with no intervening convictions. Before reaching a decision on denial a board must give reasons and the applicant must have an opportunity to present evidence in rebuttal. A person with a listed offense may seek a binding preliminary determination as to whether their record may be disqualifying.
