Template · Offers and pre-employment
Background check authorization form
In short
A background check authorization form gives an applicant the disclosure the Fair Credit Reporting Act requires and collects their written permission before an employer orders a background report from a screening company. This template separates the standalone FCRA disclosure from the signed authorization, adds an investigative report notice and state notice placeholders, and collects only the data the screening vendor needs.
Background Check Disclosure and Authorization template
Background Check Disclosure and Authorization
Page 1 (the disclosure) must be given to the applicant as its own document, with nothing else on it. Pages 2 and 3 (authorization and applicant information) are separate. Attach the CFPB "A Summary of Your Rights Under the Fair Credit Reporting Act" and any state notices that apply. Have counsel or your screening vendor review this form for the states where you hire.
Page 1: Disclosure regarding background investigation (standalone)
[Company Legal Name] (the "Company") may obtain information about you from a third-party consumer reporting agency for employment purposes. As a result, you may be the subject of a "consumer report" and/or an "investigative consumer report," which may include information about your character, general reputation, personal characteristics and/or mode of living. These reports may contain information about your criminal history, employment history, education, professional licenses, motor vehicle record [and credit history, where permitted by law and relevant to the position].
The reports will be prepared by [Screening Company Name], [Address], [Phone], [Website]. You have the right, upon written request made within a reasonable time, to request whether an investigative consumer report has been requested and, if so, a complete and accurate disclosure of the nature and scope of the investigation.
The scope of this disclosure covers reports obtained during the application process and, where permitted by law, at any time during your employment.
Page 2: Authorization
I acknowledge that I have received the separate document titled "Disclosure Regarding Background Investigation" and "A Summary of Your Rights Under the Fair Credit Reporting Act," and that I have read them.
By signing below, I authorize [Company Legal Name] to obtain consumer reports and/or investigative consumer reports about me from [Screening Company Name] for employment purposes. I authorize former employers, schools, licensing bodies, law enforcement agencies, courts, motor vehicle departments and other sources to release information about me to [Screening Company Name].
[Optional, delete if not used] I understand that this authorization will remain valid throughout my employment, if hired, to the extent permitted by law, unless I revoke it in writing.
[State notices: insert the notices required for applicants in California, New York, New York City, Minnesota, Oklahoma, Washington or other states as applicable, or attach them as separate pages.]
Authorization signature
- California, Minnesota and Oklahoma applicants: check to receive a free copy of any consumer report obtained
- Applicant printed full legal name
- Applicant signature
- Date
Page 3: Applicant information for the screening company
This information is used only by the screening company to identify you and locate records. It is not used in hiring decisions. Collect it after a conditional offer, or have the applicant enter it directly into the screening company's secure portal.
Identification details
- Full legal name (first, middle, last)
- Other names used (maiden, previous legal names, aliases)
- Date of birth (for record matching only)
- Social Security number
- Current address, city, state, ZIP
- Years at current address
- Previous addresses in the last 7 years
- Driver's license number and issuing state (only if the position requires driving)
- Phone
Employer use only
- Position and requisition number
- Date conditional offer made
- Package ordered
- Criminal: county + national databaseCriminal + employment verificationCriminal + education verificationCriminal + motor vehicle recordHealthcare package (with sanctions / exclusion lists)Financial services package (with credit, where permitted)Other: describe
- Date disclosure provided
- Date authorization signed
- Summary of Rights provided
- State and local notices provided (list)
- Ordered by
- Date ordered
How to use this template
- Decide what the role actually needs checked, such as criminal history, driving record or license verification, and order only that package.
- In fair chance jurisdictions, make a conditional offer first and only then give the applicant the disclosure and authorization.
- Give the disclosure as its own page or screen with nothing else on it, together with the CFPB Summary of Rights and any state notices.
- Have the applicant sign the separate authorization page and check the free-copy box if their state offers one.
- Collect identifying details on page 3, or let the applicant enter them directly in the screening company's portal, and keep them away from the hiring team.
- Order the report only after you have the signed authorization, and record the dates in the employer section.
- If anything in the report may lead you to withdraw the offer, follow the pre-adverse and adverse action steps before making a final decision.
What the FCRA requires
When an employer uses a third-party screening company, the report is a "consumer report" under the Fair Credit Reporting Act. Before ordering one, the employer must give the applicant a clear and conspicuous written disclosure, in a document that consists solely of the disclosure, and get the applicant's written authorization. The authorization may be on the same document as the disclosure, but most counsel prefer to keep them on separate pages to stay well clear of the standalone requirement.
The standalone rule is the one employers break most often, and class actions over it are common. Do not add liability waivers, at-will statements, state notices, application questions or a request for date of birth to the disclosure page. Every extra sentence is a risk.
If the screening company will interview people about the applicant, for example personal reference interviews, that is an "investigative consumer report," which carries its own notice. The template includes that language. The employer must also certify to the screening company that it has complied and will follow the adverse action rules.
When to give it to the applicant
Federal law does not say when in the process a check can run, but state and local fair chance laws often do. Many states and cities limit when private employers can ask about criminal history, and several, including California, New York City, Philadelphia and Los Angeles, generally require you to wait until after a conditional offer before running a criminal check. The safest default for a multi-state employer is to issue a conditional offer letter first, then send this form.
That sequencing also helps the candidate experience. A finalist who has an offer in hand is more likely to complete the form quickly, and you avoid paying for reports on people you would not have hired anyway.
If the report could change your decision
You cannot simply rescind the offer when something concerning comes back. The FCRA requires a pre-adverse action notice with a copy of the report and the Summary of Rights, then a reasonable waiting period (commonly at least five business days) so the applicant can dispute errors or explain, and only then a final adverse action notice.
For criminal records, the EEOC's 2012 enforcement guidance recommends an individualized assessment that considers the nature of the offense, the time since it happened and its relevance to the job, rather than blanket exclusions. California, New York City and other jurisdictions make similar assessments mandatory and prescribe the forms. Report errors are more common than most hiring teams expect, particularly with name-only matches, so the waiting period is not a formality.
Scope the check to the job
A forklift driver does not need a credit check, and a teller does not need a motor vehicle record. Several states, including California, Illinois, Colorado and Washington, restrict employment credit checks to specific roles. Ordering the widest package for every hire costs money, slows start dates and increases your exposure.
Pick packages by role family: a basic county criminal search for most hourly roles, a driving record for drivers, sanctions and license checks for healthcare, and verification of degrees only where the role actually requires one. Our education verification guide covers when degree checks are worth it. Identity checks before a remote start, done through an identity verification step, catch a growing problem with impersonated remote applicants.
Running background checks at volume
At 50 or more hires a week, the authorization step is often what delays start dates. Send the form electronically as soon as the conditional offer is accepted, with a text reminder at 24 and 48 hours. Let applicants enter their SSN and address history directly in the vendor's portal so that sensitive data never sits in recruiters' email.
Track turnaround by county. Some courts return records in a day; others take a week or more, and knowing that lets you set realistic start dates for each hiring class. Keep signed forms for at least as long as your hiring-record retention period, and store them separately from the general personnel file. Rules vary by state and country.
Frequently asked questions
What is a background check authorization form?
It is the document an employer uses to tell an applicant that a background report will be obtained from a screening company and to collect the applicant's written permission, as the Fair Credit Reporting Act requires.
Does the FCRA disclosure and authorization have to be separate?
The disclosure must be in a document that consists solely of the disclosure. The law allows the authorization to appear on the same document, but adding anything else, such as liability waivers or state notices, can violate the rule. Many employers use separate pages to be safe.
Can I run a background check before making a job offer?
Under federal law, yes, with proper disclosure and authorization. But many states and cities with fair chance laws prohibit criminal background checks until after a conditional offer, so most multi-state employers run checks post-offer.
What is a background check consent form valid for?
It covers the report described in it. Some forms include language allowing checks during employment where permitted by law, but some states require a fresh notice before later reports, so check the rules where your employees work.
What happens if a candidate refuses to sign a background screening release form?
The employer cannot order a consumer report without written authorization. If the check is a condition of the offer and applied consistently to the role, the employer can generally decline to proceed with that candidate.