Background Check Consent Form
Background Check Consent Form Generator
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Signature Requirements
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Background check consent forms are valid with electronic signatures under ESIGN/UETA and FCRA.
Sample Background Check Consent Form Generated by Legal Tank
Background Check Consent Form
FCRA Standalone Disclosure
DISCLOSURE PURSUANT TO THE FAIR CREDIT REPORTING ACT, 15 U.S.C. § 1681b(b)(2). NOTICE: As part of the application and/or employment process, [Company Name] ("Company") may obtain a "consumer report" and/or "investigative consumer report" (collectively, "consumer report") about you from one or more consumer reporting agencies ("CRAs"). A consumer report is a report prepared by a CRA that may contain information about your character, general reputation, personal characteristics, mode of living, credit history, and/or criminal history. This Disclosure is being provided to you pursuant to the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681 et seq., and applicable state law.
An "investigative consumer report" is a consumer report in which information on your character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, associates, or others who may have knowledge concerning such items of information. [Company] may obtain an investigative consumer report regarding your [background / references / education / employment history: ____________]. You have the right to request, within a reasonable time after this Disclosure, a complete and accurate disclosure of the nature and scope of the investigation requested. Please submit any such request to [____________] at [____________]. This Disclosure is a standalone document and no other information accompanies it.
Authorization & Scope
AUTHORIZATION. I hereby authorize [Company Name] and its designated agents, representatives, and designated consumer reporting agencies (including [CRA Name, if known: ____________]) to obtain consumer report(s) about me for employment purposes (including, but not limited to, hiring, promotion, reassignment, and retention decisions). The consumer report(s) may include, but are not limited to, the following types of information: (a) Criminal history, including arrests, convictions, sex offender registration, and incarceration records at the federal, state, and county levels; (b) Credit history, including credit accounts, payment history, bankruptcies, judgments, and liens, to the extent permitted by applicable law; (c) Employment verification, including verification of dates of employment, positions held, compensation (if disclosed), and eligibility for rehire; (d) Education verification, including degrees, certifications, and dates of attendance.
The scope of the background investigation also includes: (e) Professional license verification, including status of any professional, trade, or occupational licenses or certifications; (f) Driving record / motor vehicle records ("MVR"), to the extent the position involves operation of a motor vehicle; (g) Social Security number trace and identity verification; (h) Reference interviews, including personal and professional references; and (i) [Other: ____________]. I understand that the Company will obtain this information from various federal, state, county, and local public records repositories, private databases, and through direct interviews, to the extent permitted by applicable law.
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Rights Under FCRA
YOUR RIGHTS UNDER THE FCRA. Before any adverse employment decision is made based in whole or in part on information contained in a consumer report, you will be provided with: (a) a copy of the consumer report; and (b) a written summary of your rights under the FCRA, entitled "A Summary of Your Rights Under the Fair Credit Reporting Act," prepared by the Consumer Financial Protection Bureau ("CFPB"). You will have a reasonable opportunity (not less than five (5) business days) to review the report and dispute any inaccurate information before any adverse action is taken.
You have the right to: (a) obtain a free copy of your consumer report from any CRA upon request, and an additional free copy within 60 days of receiving notice of adverse action; (b) dispute inaccurate information directly with the CRA, which must reinvestigate within 30 days; (c) know the name, address, and telephone number of the CRA that furnished the consumer report used in any adverse action; (d) seek damages from violators of the FCRA under 15 U.S.C. § 1681n (willful violations) or § 1681o (negligent violations), including actual damages, statutory damages, punitive damages, and attorneys' fees; and (e) have the CRA exclude you from lists for unsolicited credit and insurance offers. For more information about your rights, visit www.consumerfinance.gov or contact the CFPB at 1-855-411-2372.
State-Specific Disclosures
STATE-SPECIFIC NOTICES. The following additional disclosures apply to residents of certain states: CALIFORNIA: Residents have additional rights under the California Investigative Consumer Reporting Agencies Act ("ICRAA") and California Consumer Credit Reporting Agencies Act. You have the right to receive a copy of the investigative consumer report at no charge, upon written request within a reasonable time after this Disclosure is provided. The Company will use [CRA Name, Address, Phone, Website] to obtain your consumer report. MINNESOTA / OKLAHOMA: You have the right to receive a copy of your consumer report upon request. NEW YORK: You have the right to inspect and receive a copy of any investigative consumer report obtained about you. WASHINGTON: You have the right to request the nature and scope of any investigation.
ADDITIONAL STATE-SPECIFIC NOTES: [California], Per California Labor Code § 1024.5, credit reports for employment purposes may only be obtained for positions specifically enumerated by statute. [Colorado, New York, Massachusetts, and other ban-the-box states], Criminal history inquiries are restricted prior to a conditional offer of employment; applicable state or local law governs. [Illinois], Per the Illinois Human Rights Act, certain criminal records may not be used in employment decisions. I acknowledge that I have read and understand this combined Disclosure and Authorization and that I have received a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act." Applicant/Employee Signature: [____________]. Printed Name: [____________]. Date: [____________]. Social Security Number (for background check purposes only): [____________].
What Is a Background Check Consent Form?
A background check consent form is a legally mandated document that employers must provide to job applicants and employees before conducting a consumer report (background check) through a third-party consumer reporting agency. Under the Fair Credit Reporting Act (FCRA), the consent form must include a clear and conspicuous disclosure that a background check may be obtained, along with the individual's written authorization to proceed. This is not a formality, FCRA violations carry statutory damages of $100 to $1,000 per violation plus punitive damages and attorney's fees.
The FCRA imposes strict requirements on the format and content of the disclosure and authorization. The disclosure must be provided as a standalone document, it cannot be embedded within the employment application or combined with other forms, waivers, or notices. The only permitted additions are a brief description of the nature and scope of the investigation and a summary of the consumer's rights under the FCRA. Bundling the disclosure with other documents is the single most common FCRA violation and has resulted in numerous class action settlements.
Beyond the initial consent, the FCRA establishes a comprehensive framework governing the entire background check process: pre-adverse action notice (providing the consumer with a copy of the report and their rights before making an adverse decision), the adverse action notice itself, dispute procedures, and accuracy requirements for consumer reporting agencies. Employers who use background checks without following this framework expose themselves to significant class action liability.
Legal Tank provides FCRA-compliant background check consent forms that meet federal requirements and help employers avoid the costly class action lawsuits that have targeted companies for technical FCRA violations.
Why You Need a Background Check Consent Form
FCRA class action lawsuits have resulted in settlements of tens of millions of dollars for technical violations of the standalone disclosure requirement alone
Employers who use background checks for hiring decisions are legally required to obtain FCRA-compliant consent, there is no exception
Ban-the-box laws in many states and cities impose additional restrictions on when background checks can be conducted during the hiring process
Proper documentation protects employers from negligent hiring claims while simultaneously protecting applicants' consumer rights
Key Sections in a Background Check Consent Form
Standalone Disclosure
A clear, conspicuous disclosure informing the individual that a consumer report may be obtained for employment purposes. This disclosure must be a standalone document, not part of the job application, employee handbook, or any other form. This is the most frequently litigated FCRA requirement.
Written Authorization
The individual's signed authorization consenting to the background check. The authorization should clearly state what types of reports may be obtained (criminal records, credit history, driving records, education verification) and that the authorization remains valid for the duration of employment.
Summary of Consumer Rights
A summary of the consumer's rights under the FCRA, including the right to dispute inaccurate information, the right to receive a copy of the report, and the right to know what information was used in any adverse decision. The FTC/CFPB provides a standard summary that should be included.
State-Specific Disclosures
Many states have additional background check requirements beyond the FCRA, California, New York, Illinois, and other states require supplemental disclosures, restrict the use of certain information, or impose additional notice requirements. Include applicable state addenda.
Scope and Duration of Authorization
Specify what types of background checks are authorized (criminal, credit, driving, education, employment history, drug testing) and whether the authorization covers only pre-employment screening or extends throughout the employment relationship.
Background Check Consent Form Legal Requirements
The FCRA requires a "clear and conspicuous" standalone written disclosure before obtaining a consumer report for employment purposes
The individual must provide written authorization, verbal or implied consent is insufficient under the FCRA
Before taking adverse action based on a background check, employers must provide: (1) a copy of the report, (2) the CFPB summary of consumer rights, and (3) a reasonable waiting period before the final adverse action notice
State laws (California, New York, Illinois, Massachusetts, etc.) impose additional requirements including state-specific disclosures, restrictions on using criminal history, and enhanced notice requirements
The EEOC guidelines require employers to conduct individualized assessments before rejecting applicants based on criminal history, considering the nature and gravity of the offense, time elapsed, and relevance to the job
Common Background Check Consent Form Mistakes to Avoid
Including the background check disclosure within the employment application rather than as a standalone document, which violates the FCRA
Adding extraneous information, waivers, or liability releases to the disclosure form beyond what the FCRA permits
Failing to provide a copy of the consumer report and the CFPB summary of rights before taking adverse action based on the report
Not complying with state-specific requirements that impose additional obligations beyond the federal FCRA
Using background check information for purposes not authorized by the individual or not permitted under the FCRA
Failing to follow the two-step adverse action process: pre-adverse action notice followed by final adverse action notice after a reasonable waiting period
Frequently Asked Questions About Background Check Consent Forms
What does a background check consent form include?
Is written consent required for a background check?
What is an FCRA-compliant background check form?
Can an employer do a background check without my permission?
What rights do I have regarding background check results?
How long is a background check consent valid?
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