# Delaware

Delaware licenses private investigative agencies and issues identification cards to the investigators they employ through the Delaware State Police Professional Licensing Section, under a Board of Examiners. Since 2023 the State has barred arrest or detention by anyone without statutory authority, made stalking a higher-class felony while keeping the exemption for legitimate investigative activities, and amended the Board’s rules, without changing investigator requirements.

Source: https://uscli.org/licensing-tracker/delaware

## At a glance

- **Authority:** Board of Examiners of Private Investigative, Private Security and Armored Car Agencies, chaired by the State Police Superintendent (24 Del. C. 1303, 1304); licenses and identification cards are issued by the [Delaware State Police Professional Licensing Section](https://dsp.delaware.gov/private-investigators/) (1313)
- **Statute:** [24 Del. C. chapter 13](https://delcode.delaware.gov/title24/c013/index.html)
- **Rules:** [24 DE Admin. Code 1300](https://regulations.delaware.gov/register/february2026/final/29%20DE%20Reg%20706%2002-01-26), as amended in 2026
- **Who is licensed:** Agencies are licensed as Class A (investigative) or Class C (investigative and security) (Rule 13.0). Individual investigators hold identification cards that bear the employer’s name and lapse when the employment ends (Rule 8.1); there is no independent individual license.
- **Qualifications:** Investigators must be at least 21 (1316); agency license holders at least 25, with 5 years of investigative experience or police service after graduating from a certified academy (1318, 1319), which the rules set at 3 years excluding academy time (Rule 9.2). No exam for investigators. State and FBI criminal history checks (1313(b)). Any felony, theft, drug, or moral-turpitude misdemeanors within 7 years or more than 2 in a lifetime, and current law enforcement employment are disqualifying (1314, 1316).
- **Renewal:** Identification cards renew on the fifth birthday anniversary after issuance (1324, 1326(e)); the State Police charges $105. Agency licenses run 2 years; Class A $300 in state, $500 out of state, $250 sole proprietor; Class C $500 in state, $800 out of state (Rule 13.0).
- **Continuing education:** None
- **Bond or insurance:** Class A: a $10,000 surety bond ($5,000 for a sole proprietor) and $1,000,000 liability insurance per occurrence; Class C: a $15,000 bond and $1,000,000 per occurrence (1311, Rule 13.0).
- **Firearms:** No armed investigator category. A licensee needs a concealed deadly weapons permit to carry concealed and Board approval and training to carry any weapon (1321).

## Changes, 2023 to 2026

- Aug 31, 2026 — **Health-care staff and security may detain people pending police** — HS 1 for HB 322, 85 Del. Laws c. 454 · Signed and effective August 31, 2026 — Adds 11 Del. C. 1914(b)(2): a person employed by or providing security services for a health-care institution or a licensed medical or dental practice may take a person presenting a security or safety risk into custody and detain the person in a reasonable manner on the premises for a reasonable time to summon a law enforcement officer. — **For licensees:** This applies to employees of, and security providers for, those facilities, not to investigators generally. — [HS 1 for HB 322](https://legis.delaware.gov/BillDetail?LegislationId=143345)
- May 21, 2026 — **Stalking definition expanded and penalties raised** — HB 197, 85 Del. Laws c. 259 · Signed and effective May 21, 2026 — Amends 11 Del. C. 1312. Stalking rises from a class G to a class E felony, and aggravated stalking from class F to class D. The definition of course of conduct is revised, and the affirmative defense now covers any constitutionally protected activity. The existing exemption for conduct in furtherance of legitimate activities of law enforcement, private investigators, security officers, or private detectives as those activities are defined in 24 Del. C. chapter 13 (1312(j)) was not changed. — **For licensees:** The exemption covers only conduct in furtherance of legitimate investigative activities as defined in 24 Del. C. chapter 13. — [85 Del. Laws c. 259](https://delcode.delaware.gov/sessionlaws/ga153/chp259.shtml)
- Feb 8, 2026 — **Correctional officers may have personal information taken down** — SB 32, 85 Del. Laws c. 125 · Signed August 12, 2025; effective February 8, 2026 — Adds 11 Del. C. 6594 to 6598. After a written request from a Department of Correction correctional, probation, or parole officer (active, former, or retired) who serves or served on or after February 8, 2026, any person must remove the officer’s or family’s listed personal information, including home address and phone numbers, from public display within 72 hours and may not post it again. Damages are at least $10,000. — **For licensees:** Do not publicly post a requesting officer’s listed information. — [85 Del. Laws c. 125](https://delcode.delaware.gov/sessionlaws/ga153/chp125.shtml)
- Feb 11, 2026 — **Board rules amended for armed guards and detection canines** — Final order, 29 DE Reg. 706 · Order dated January 7, 2026; published February 1, 2026; effective 10 days after publication — Shortens the interval between firearm qualification shoots for armed security and armored car guards from 90 to 60 days, adds leave waivers, and requires the 40-hour course again after a 36-month suspension. Allows detection canines for Class B and C agencies with Board approval. The investigator rules (8.0), license holder rules (9.0), and fees, bonds, and insurance (13.0) are unchanged apart from minor wording. — **For licensees:** Investigator requirements are unchanged. — [29 DE Reg. 706](https://regulations.delaware.gov/register/february2026/final/29%20DE%20Reg%20706%2002-01-26)
- Jul 14, 2025 — **No arrest or detention without statutory authority** — HB 153, 85 Del. Laws c. 74 · Signed and effective July 14, 2025 — Adds 11 Del. C. 1914, which prohibits arrest or detention by anyone not specifically authorized by statute, except that a private citizen may assist a peace officer on request or when the officer is incapacitated. Repeals 11 Del. C. 6563 and 6564, which addressed custody of persons arrested by private detectives. The sponsors’ synopsis says private investigators already had no arrest authority in Delaware. — **For licensees:** Investigators have no arrest or detention power unless a statute grants it. — [85 Del. Laws c. 74](https://delcode.delaware.gov/sessionlaws/ga153/chp074.shtml)[HB 153](https://legis.delaware.gov/BillDetail?LegislationId=142166)
- Jul 14, 2025 — **Private persons may no longer arrest out-of-state fugitives without a warrant** — HB 142, 85 Del. Laws c. 72 · Signed and effective July 14, 2025 — Amends 11 Del. C. 2514 so only a peace officer, not a private person, may arrest without a warrant a person charged in another state with a crime punishable by death or imprisonment for more than 1 year. — **For licensees:** Locate fugitives, but leave the arrest to a peace officer. — [85 Del. Laws c. 72](https://delcode.delaware.gov/sessionlaws/ga153/chp072.shtml)
- Feb 1, 2025 — **Projectile weapons added to the licensing law’s weapon rules** — HB 357, 84 Del. Laws c. 525 · Approved November 1, 2024; effective February 1, 2025 — Defines projectile weapon (24 Del. C. 1302) and extends the chapter’s firearm certification, documentation, security guard carry, and discipline provisions to projectile weapons (1321, 1329); 1321(b) already required Board approval and training to carry any weapon. — **For licensees:** As before, carrying any weapon, including a projectile weapon, requires Board approval and approved training (1321(b)). — [84 Del. Laws c. 525](https://delcode.delaware.gov/sessionlaws/ga152/chp525.shtml)
- Jan 1, 2025 — **Personal Data Privacy Act takes effect** — HB 154, 84 Del. Laws c. 197 (6 Del. C. ch. 12D) · Signed September 11, 2023; effective January 1, 2025 — Gives consumers rights to access, correct, delete, and opt out of the sale of personal data held by businesses that control or process data of at least 35,000 consumers, or at least 10,000 while deriving over 20% of gross revenue from selling personal data. HB 380 (85 Del. Laws c. 463) lowers those thresholds to 10,000 and 5,000 consumers and covers third parties that acquire personal data, effective January 1, 2027. — **For licensees:** Firms and data vendors over the thresholds must honor consumer requests. — [HB 154](https://legis.delaware.gov/BillDetail?LegislationId=140388)[HB 380](https://legis.delaware.gov/BillDetail?LegislationId=143105)
- Aug 31, 2023 — **Licenses may not be denied for immigration or citizenship status** — SS 1 for SB 80, 84 Del. Laws c. 193 · Approved August 31, 2023 — Adds 29 Del. C. 610: a State agency or board that issues a license, permit, certification, or registration to engage in a profession, occupation, or business may not deny an application because of the applicant’s immigration or citizenship status. An applicant without a Social Security number may provide an alternative identifying number, such as an ITIN, or sign an exemption attestation. — **For licensees:** The law applies to all State licensing agencies on its face, including the State Police Professional Licensing Section. — [84 Del. Laws c. 193](https://delcode.delaware.gov/sessionlaws/ga152/chp193.shtml)

## Checked and unchanged

- No 2023–2026 act changed investigator licensing requirements in 24 Del. C. chapter 13.
- The vehicle tracking device crime (11 Del. C. 1335(a)(8)) has not changed since before 2023.