Can this letter be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act and state UETA laws if the signature demonstrates intent, consent, attribution, and the record can be retained and reproduced.

Is notarization required for consent?

Not typically. Most background-check authorizations do not require notarization unless a jurisdiction, employer policy, or specific agency demands a notarized affidavit.

What if the subject refuses to sign?

Without written authorization, many vendors will not perform certain checks; document the refusal and follow applicable adverse-action or hiring policies.

How long should I keep the executed letter?

Retain authorizations for the active period plus applicable post-termination retention; follow HIPAA and IRS timelines where relevant and preserve records for legal holds.

What identity checks are recommended?

Use at least email verification plus one stronger method—SMS code, knowledge‑based authentication, or credential analysis—based on risk and regulatory needs.

How to correct errors on a returned letter?

Request a corrected, re-signed authorization from the subject. Maintain versioning and the audit trail that shows the correction and reason.

Electronic Signature
Templates
Miscellaneous
Background Check Criminal Letter

Background Check Criminal Letter

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

BACKGROUND CHECK CRIMINAL LETTER

Effective Date:

Client Name: Service Provider Name:

Client Address Service Provider Address

WHEREAS

WHEREAS, Client desires to obtain criminal background screening and related reporting services for individuals associated with Client's operations, and Service Provider is engaged in the business of providing consumer and non-consumer background screening and investigative services; and

WHEREAS, Client and Service Provider intend to set forth the terms upon which Service Provider will provide criminal background checks, reporting, and related services to Client, and to document each party’s responsibilities, fees, confidentiality obligations and compliance requirements.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

SCOPE OF WORK

Description of Services

Service Provider shall perform criminal history searches, including but not limited to local court record searches, statewide repository checks, federal database checks, and sex-offender registry checks as specifically ordered by Client. Service Provider will use industry-standard practices to verify identity and to minimize false positives, and will furnish Client with a written report for each subject examined.

PAYMENT TERMS

Fee per Criminal Check: $

Billing Schedule

Late Fee: . Client agrees to pay reasonable collection costs, including attorneys' fees, on overdue amounts.

TERM AND TERMINATION

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for convenience upon written notice delivered to the other party at least days prior to the effective termination date. Either party may terminate immediately for material breach that is not cured within thirty (30) days following written notice.

CONFIDENTIALITY

Each party shall maintain in strict confidence all non-public information obtained from the other party in connection with this Agreement, including criminal records, personal identifiers and reports (collectively, "Confidential Information"). Confidential Information shall not be disclosed except (i) to employees, contractors or affiliates who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those in this Agreement; or (ii) as required by law. Confidentiality obligations survive termination for a period of years.

COMPLIANCE; AUTHORIZATION

Service Provider will conduct services in accordance with all applicable federal and state laws and regulations governing consumer and criminal background checks, including applicable notice and consent requirements. Client represents and warrants that Client has obtained all required written authorizations and consents from individuals for whom checks will be ordered, and will provide copies of such written consents upon request.

Client confirms: Authorization Obtained: Yes

LIMITATION OF LIABILITY

Except for willful misconduct or gross negligence, Service Provider's liability arising out of this Agreement or the performance of services shall be limited to direct damages not to exceed the total fees paid by Client under this Agreement in the preceding twelve (12) months. Neither party shall be liable for consequential, incidental, special or punitive damages.

NOTICES

Client Notice Contact Service Provider Notice Contact

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be reformed to the extent necessary to make it valid and enforceable.

Client Printed Name:

By (Signature):

Service Provider Printed Name:

By (Signature):

Client Date:

Service Provider Date:

What a Background Check Criminal Letter Is and when it’s used

A Background Check Criminal Letter is a written authorization or notice used to request, disclose, or certify criminal-history information about an individual. Employers, landlords, volunteer organizations, and licensing bodies commonly use this letter to obtain consent for a background check, to notify a subject of adjudicative findings, or to document an applicant’s criminal-screening results. The document typically states the purpose of the check, identifies the requesting party, specifies the scope of the search, and obtains the subject’s signature and date to meet consent and disclosure requirements under federal and state law.

Why a clear Background Check Criminal Letter matters

A well‑drafted letter documents consent, narrows the search scope, and reduces legal risk by making purpose and retention explicit. Under the ESIGN Act (15 U.S.C. ch.96) and state UETA rules, a signed electronic authorization can be legally enforceable if intent, consent, attribution, and retention are satisfied.

Who normally prepares and signs this letter

Organizations and individuals that rely on criminal-history screening typically prepare a Background Check Criminal Letter before running a records search.

Employers and HR teams requesting pre-employment or periodic screening
Landlords and property managers screening rental applicants
Licensing boards and credentialing bodies verifying fitness for practice

The document should be completed by the requesting organization and signed by the subject; legal counsel may review for high‑risk roles or regulated industries.

Step-by-step: completing the Background Check Criminal Letter

Follow these sequential steps to prepare, sign, and deliver a compliant letter.

01

Prepare details: Collect legal name, DOB, SSN (if required), and addresses.
02

Define scope: Specify jurisdictions and record classes to be searched.
03

Obtain consent: Have the subject sign and date the authorization page.
04

Retain record: Store the executed letter with the audit trail for retention compliance.

Typical workflow for issuing and processing the letter

A standard process moves from request to decision; ensure each handoff captures time and identity.

Request issued: Organization sends the background-check request to vendor or agency.
Consent received: Subject returns signed letter and required identifiers.
Search executed: Vendor conducts searches across designated jurisdictions.
Results documented: Findings are reported, and a retention record is stored.

Digital setup: configuring an online authorization workflow

Configure fields and authentication to balance user convenience with verification strength.

Field	Configuration
Name field	Required; enable exact-match validation
DOB field	MM/DD/YYYY format; required
SSN field	Optional; mask input and encrypt at rest
Signature field	Capture e-signature, timestamp, and signer IP

Delivery channels and technical requirements

Choose delivery methods that match the necessary authentication level; regulatory sensitive use may require stronger identity proofing.

Email link: Convenient; use with email verification and audit trail
SMS code: Adds two-factor verification for higher assurance
In-person notarization: Required in limited cases or when printed original is mandated

For electronic completion, pick a platform that preserves an auditable record, supports conditional fields, and encrypts stored data; match authentication to your risk tolerance.

Comparing eSignature vendors for background-check authorizations

Pricing and capabilities vary; signNow appears first to show commonly used options for eSignature and secure storage without implying endorsement.

	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, no card required	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Essential sections to include in a professional authorization letter

Ensure clarity by structuring the letter with consistent headings and required consent elements.

Requester ID

Identify the organization requesting the check and provide a contact for questions

Purpose

State the specific purpose for the background check and any decision uses

Scope

List jurisdictions and types of records to be searched

Consent language

Include an explicit authorization and signature block for the subject

Disclosure of rights

Explain how results will be used and any adverse-action steps available to the subject

Retention notice

State how long records and copies will be retained and how to request access

Security and privacy controls to specify

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest

Access logs: Audit trail with timestamp and IP

BAA availability: HIPAA BAA required for PHI processing

Authentication: Multi-factor or KBA as needed

Data minimization: Collect only required identifiers

Retention controls: Configurable retention and legal hold

Key legal risks and potential penalties

Unauthorized access: Possible privacy litigation

Improper use: FCRA or state violations

Retention failure: Obstruction or compliance fines

Misidentification: Inaccurate decisions and reputational harm

Missing consent: Invalid search results

Adverse action errors: Regulatory penalties or rescission

Common preparation mistakes to avoid

Using vague language about the search scope, which can lead to overbroad data collection and privacy concerns
Collecting unnecessary identifiers such as full SSN when partial identifiers or name/DOB would suffice, increasing exposure risk
Failing to capture explicit signed consent or an auditable eSignature, which may render the authorization invalid under ESIGN/UETA
Omitting retention or adverse‑action process details, leaving subjects without clear recourse or notice

Frequently asked questions about Background Check Criminal Letters

Answers to common operational and legal questions when preparing or processing these letters.

Need help? Contact support

Can this letter be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act and state UETA laws if the signature demonstrates intent, consent, attribution, and the record can be retained and reproduced.
Is notarization required for consent?
Not typically. Most background-check authorizations do not require notarization unless a jurisdiction, employer policy, or specific agency demands a notarized affidavit.
What if the subject refuses to sign?
Without written authorization, many vendors will not perform certain checks; document the refusal and follow applicable adverse-action or hiring policies.
How long should I keep the executed letter?
Retain authorizations for the active period plus applicable post-termination retention; follow HIPAA and IRS timelines where relevant and preserve records for legal holds.
What identity checks are recommended?
Use at least email verification plus one stronger method—SMS code, knowledge‑based authentication, or credential analysis—based on risk and regulatory needs.
How to correct errors on a returned letter?
Request a corrected, re-signed authorization from the subject. Maintain versioning and the audit trail that shows the correction and reason.

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