Is a separate disclosure required?

Yes. Under the Fair Credit Reporting Act a clear, standalone disclosure is required for employment-related consumer reports; combining consent with other documents risks noncompliance and liability.

Can the form be signed electronically?

Yes. Electronic signatures satisfy ESIGN (15 U.S.C. §7001) and UETA when intent, consent, attribution, and record retention criteria are met; ensure the platform captures an auditable trail.

What if the candidate refuses to sign?

If consent is refused you generally cannot obtain a consumer report for hiring purposes; document the refusal and treat it consistently with hiring policy to avoid discriminatory treatment.

Do I need to notarize the authorization?

Not typically. Background check authorizations rarely require notarization, but verify state-specific requirements or industry rules that might demand additional authentication.

How long should I keep the signed form?

Retain the signed authorization during the hiring process and for a retention period consistent with federal and state rules; consider keeping at least three years post-termination and longer if industry rules apply.

What steps before adverse action?

Provide a pre-adverse action notice with a copy of the report and a consumer rights summary, allow candidate time to respond, then issue a final adverse action notice with required FCRA information.

Electronic Signature
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Background Check Authorization and Disclosure Notice

Background Check Authorization and Disclosure Notice

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Background Check Authorization and Disclosure Notice Is

The Background Check Authorization and Disclosure Notice is a standalone written disclosure and consent used to obtain consumer reports and investigative consumer reports about a job applicant or employee. It provides a clear, conspicuous notice that a background check will be obtained, and it requests the subject's written authorization to proceed. For employment uses the form must comply with the Fair Credit Reporting Act requirements for disclosures and authorizations and should state the scope of checks, any third parties used, and how results may affect hiring or retention decisions.

Why a Clear Disclosure and Authorization Matters

A compliant disclosure protects the employer and the individual by documenting consent, describing the types of checks run, and preserving the right to provide pre-adverse and adverse action notices under the FCRA. A properly executed notice reduces legal exposure, supports consistent hiring practices, and improves candidate transparency during screening.

Who Completes This Notice and When

Employers, staffing agencies, school districts, and volunteer organizations use this notice when a consumer-report-based screening is part of selection or ongoing clearance.

Recruiters and HR teams screening applicants for hire or promotion.
Staffing agencies requesting checks for temporary placements and compliance.
Healthcare and education employers performing regulated background checks.

How to Complete the Disclosure and Authorization

Follow these steps to collect valid authorization while meeting disclosure and recordkeeping requirements.

01

Prepare the Disclosure: Provide a clear, standalone written disclosure stating a background check will be obtained.
02

Describe the Scope: List report types (consumer, investigative, criminal, education, employment) and data sources used.
03

Obtain Signature: Get the applicant's signed authorization before ordering the report.
04

Record Retention: Store the signed form with the applicant file in compliance with retention rules.

Digital Signing, Integrations, and Platform Needs

Choose eSignature and data handling platforms that support secure collection, consent capture, and durable audit trails.

Authentication: Email, SMS code, or stronger
Integrations: Salesforce, NetSuite, Google Workspace
Audit Trail: IP, timestamp, action log

How to Configure an Online Authorization Workflow

A typical online setup ensures required fields, signer authentication, and automated record storage.

Field	Configuration
Disclosure Text	Standalone text block required
Signature Field	Required; capture date
Authentication	Email + optional SMS code
Storage	Encrypted archive with audit trail

Where the Signed Authorization Goes and What Happens Next

After signature the document is routed, saved, and used to order the appropriate consumer reports from vendors.

Save to Applicant File: Signed form stored with application records.
Order Report: Background-screening vendor retrieves consumer report.
Review Results: Hiring team or designated reviewer analyzes findings.
Adverse Action: If adverse, provide pre-adverse and adverse notices per FCRA.

Timelines and Processing Expectations

Processing times vary by report type and jurisdiction; plan timelines accordingly to avoid hiring delays.

Criminal Records:

Typically 2–7 business days depending on county and state courts.

National Databases:

Instant to 48 hours for database hits and identity matches.

FBI Fingerprint Checks:

Often 3–5 business days but can be longer if manual review is required.

Adverse Action Timing:

Allow time to provide pre-adverse notice and candidate response before final notice.

Record Retention Start:

Retention periods begin on the date the form is signed or the report is created.

Common Mistakes to Avoid When Preparing the Notice

Mixing the disclosure with other terms or consent language, which can invalidate the standalone disclosure requirement under FCRA.
Failing to specify the types of reports or the consumer reporting agency, which creates ambiguity and potential compliance risk.
Collecting information without adequate data protection controls, increasing privacy and breach exposure under state laws.
Ordering a report before obtaining signed authorization, which violates permissible purpose requirements.

Key Legal Risks and Consequences

FCRA Liability: Civil damages, statutory remedies

State Penalties: Statutory fines and enforcement

Discrimination Risk: EEOC adverse disparate impact claims

Data Breach Exposure: Notification duties, regulatory fines

Contractual Risk: Vendor indemnity or SLA issues

Operational Delay: Hiring timeline setbacks

Required Data Elements and Security Considerations

Name: Full legal name

DOB: MM/DD/YYYY

SSN: Full or partial as allowed

Signature: Typed or e-signed with audit trail

Encryption: AES-256 at rest

Transport: TLS 1.2/1.3 in transit

eSignature Platform Pricing and Feature Overview

Compare typical starting prices and core capabilities for eSignature providers commonly used to collect background check authorizations. signNow is listed first per vendor ordering rules.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-World Examples of Authorization Workflows

These customer scenarios show how organizations use a standardized disclosure and electronic authorization to streamline background screening.

Optica Ventures — COO

Optica's operations team standardized the disclosure across roles to reduce confusion and speed onboarding.

The interface simplified signer completion across devices.
As a result the team achieved more consistent authorizations, reduced follow-ups for missing signatures, and shortened average time-to-screen by consolidating vendor flows and storing signed forms centrally.

Fertility Centers of Illinois — Founder

The clinic moved to digital authorizations to support remote intake and privacy controls.

Mobile and offline signing supported patient convenience.
This change eliminated paper handling risks, improved record accessibility for audits, and maintained compliance with health information protections while enabling quicker background-screening steps for new staff.

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates and controls to reduce errors and improve defensibility of screening steps.

Use a Standalone Disclosure

Keep the background check disclosure separate from other documents and employment terms so it meets the FCRA standalone requirement and avoids ambiguity about consent.

Be Specific About Scope

Specify which reports will be ordered and the sources used. Clear scope reduces disputes about what was authorized and helps candidates understand the screening process.

Preserve an Audit Trail

Capture signer identity, timestamp, IP address, and the exact disclosure text presented at the time of signing to support legal defensibility and adverse action steps.

Coordinate with Vendors

Ensure screening vendors receive the signed authorization and that your eSignature platform integrates or securely transmits consent records to the screening provider to avoid delays.

Frequently Asked Questions and Troubleshooting

Answers to common questions about completing, storing, and using the Background Check Authorization and Disclosure Notice.

Need help? Contact support

Is a separate disclosure required?
Yes. Under the Fair Credit Reporting Act a clear, standalone disclosure is required for employment-related consumer reports; combining consent with other documents risks noncompliance and liability.
Can the form be signed electronically?
Yes. Electronic signatures satisfy ESIGN (15 U.S.C. §7001) and UETA when intent, consent, attribution, and record retention criteria are met; ensure the platform captures an auditable trail.
What if the candidate refuses to sign?
If consent is refused you generally cannot obtain a consumer report for hiring purposes; document the refusal and treat it consistently with hiring policy to avoid discriminatory treatment.
Do I need to notarize the authorization?
Not typically. Background check authorizations rarely require notarization, but verify state-specific requirements or industry rules that might demand additional authentication.
How long should I keep the signed form?
Retain the signed authorization during the hiring process and for a retention period consistent with federal and state rules; consider keeping at least three years post-termination and longer if industry rules apply.
What steps before adverse action?
Provide a pre-adverse action notice with a copy of the report and a consumer rights summary, allow candidate time to respond, then issue a final adverse action notice with required FCRA information.

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