Can this consent be signed electronically?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in states that adopted it, provided the four ESIGN elements are met: intent, consent to transact electronically, attribution, and record retention.

What disclosures are required for consumer reports?

If using a consumer-reporting agency, provide a standalone disclosure and obtain a separate authorization as required by the Fair Credit Reporting Act; follow FCRA procedures for adverse-action notices when employment decisions are based on the report.

How do I revoke consent?

A signer may withdraw consent going forward; treat revocation as a stop-order for new searches and document the request. Revocation does not retroactively invalidate previously obtained reports unless other laws require it.

Are minors allowed to sign?

Minors generally cannot provide binding consent for employment background checks; follow state law on capacity and involve a parent or guardian when required.

Is notarization required?

Not typically required for most background consent forms. Some states or specific institutional policies may require notarization or witness signatures; check state rules and contracts.

What records should I keep?

Retain signed consent and related disclosures for the applicable retention period (see IRS, HIPAA, and state rules). Maintain a tamper-evident audit trail showing signer attribution and timestamping.

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Consent to Conduct Background Investigation

Consent to Conduct Background Investigation

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

What the Consent to Conduct Background Investigation Is

A Consent to Conduct Background Investigation is a written authorization from an individual allowing an employer, contractor, or authorized third party to obtain consumer and public-record information about that person. The form typically covers criminal history, employment and education verification, credit checks where permitted, and reference checks. It documents the signer’s informed permission, the scope of checks to be run, any consumer-reporting agency involvement, and the period of consent.

Why a Clear Consent Matters for Background Checks

A signed consent provides legal permission to request consumer reports, helps demonstrate compliance with federal and state rules, and creates a documented record of the applicant’s authorization and scope of inquiry. Properly executed consent reduces legal risk and supports defensible hiring decisions.

Who Typically Completes This Consent and Why

Common signers include job applicants, contractors, volunteers, and tenants; organizations that collect consent include employers, staffing firms, property managers, and volunteer organizations.

Applicants and employees — grant permission for employment-related screening and identity verification.
Recruiters and staffing agencies — centralize candidate authorizations for multiple clients and roles.
Property managers and landlords — permit tenant screening for criminal and credit history.

Collecting consent early in the process and keeping records helps streamline screening and ensures you meet notice and authorization obligations under federal and state law.

Core Elements to Include in a Professional Consent Form

A professional consent form is concise but specific: it identifies the requester, lists the types of checks, discloses use of consumer reporting agencies (if any), includes a clear authorization statement, states the effective period, and provides signature and date fields for the signer.

Requester

Full legal name of employer or screening vendor, including contact details and mailing address for notices.

Scope

Exact categories of checks authorized (criminal, employment, education, credit where permitted, driving record).

Consumer-Report Notice

Clear disclosure if a consumer-reporting agency (CRA) will prepare a report, and a statement of intent to use it for employment decisions.

Authorization

Unambiguous language granting permission to obtain records and to share results with named parties.

Effective Period

Date consent takes effect and duration (e.g., 12 months) or a statement that consent applies while the application is active.

Signature Block

Signature, printed name, date, and optional DOB or SSN last four for matching — include a witness or notarization line if required by state or policy.

Security and Compliance Items to Note

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

Audit Trail: Time-stamped signing events, IP and device metadata

HIPAA: HIPAA-compliant handling available; BAA required for PHI

ESIGN / UETA: Meets ESIGN and UETA requirements for electronic signatures

21 CFR Part 11: Support for FDA records when cryptographic controls are required

Certifications: SOC 2 Type II and ISO 27001 attestations

Step-by-Step: How to Complete the Consent Form

Follow these steps to collect a valid, defensible authorization before ordering background checks.

01

Prepare form: Identify requester, scope, and retention policy before presenting the form.
02

Disclose CRA use: Provide any required consumer-reporting agency disclosure and stand-alone authorization if necessary.
03

Obtain signature: Have the applicant sign and date; capture signature method and authentication level.
04

Retain copy: Store the signed consent in personnel records per retention rules.

Typical Processing Flow After Consent Is Collected

A standard workflow turns a signed consent into completed checks and a retained record for compliance and audit.

Send to CRA: Authorize the consumer-reporting agency or screening vendor to begin searches.
Match records: Vendor uses DOB, name, and SSN (if provided) to match records.
Deliver results: Criminal, employment, education, and credit reports returned to the requester.
Adverse action: If action follows a consumer report, provide required notices and a copy of the report.

Configuring an Electronic Consent Workflow

Key configuration settings control authentication, field validation, and retention for electronic consent capture.

Field	Configuration
Authentication level	Email link, SMS code, or stronger multi-factor as policy dictates
Required fields	Full name, DOB, address, signature, and date
Disclosure text	Standalone CRA disclosure when using consumer-reporting agencies
Retention	Store signed consent in encrypted records for the required period

Delivery and Technical Requirements for eConsent

Electronic consent workflows should support secure delivery, signer authentication, and reliable audit logs.

Document formats: PDF and DOCX support for consistent recordkeeping
Integrations: Connectors to HRIS, ATS, and CRAs for automated routing
Security controls: Encryption, access controls, and audit trails

Ensure the chosen platform supports ESIGN/UETA compliance, retains a tamper-evident audit trail, and can produce admissible copies for audits or adverse-action notices.

Time-Sensitive Steps and Typical Deadlines

Certain actions tied to background screening have timing implications — for recordkeeping and adverse-action obligations — follow these standard timelines.

Adverse action notice:

Provide pre-adverse action disclosure and a copy of the consumer report before taking adverse action

Final adverse action:

Send final adverse-action notice including CRA contact details promptly after decision

Record retention:

Keep signed consents for the duration required by industry or state law

Revocation request:

Respond to signer revocation requests in a timely manner and stop new searches

Dispute handling:

Allow subjects to dispute CRA errors and pause adverse actions until resolution when required

Common Mistakes to Avoid

Using vague or blanket consent language that fails to specify types of checks
Failing to provide a separate consumer-report disclosure when required
Collecting incomplete identity data leading to mismatches
Not retaining the signed consent for the legally required period

Penalties and Risks of Improper Consent or Process

FCRA violations: Statutory damages and civil liability

I-9 paperwork: Fines range $281–$2,789 per violation (8 CFR §274a.2)

Tax reporting errors: Penalties under IRC §6721 for incorrect filings

Adverse-action errors: Required rescission and corrective notices

HIPAA breaches: Civil and criminal penalties if PHI improperly disclosed

Reputational harm: Litigation and loss of trust from noncompliant screening

Comparing eSignature Pricing and Basic Capabilities

Representative vendor pricing and core capability comparison; signNow is listed first per vendor ordering guidance. Check each vendor site for plan-specific limits and features.

	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	Yes	Yes	Yes	Yes
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

FAQs and Troubleshooting for Consent to Conduct Background Investigation

Answers to common questions about validity, e-signing, revocation, and evidence preservation for consent forms.

Need help? Contact support

Can this consent be signed electronically?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in states that adopted it, provided the four ESIGN elements are met: intent, consent to transact electronically, attribution, and record retention.
What disclosures are required for consumer reports?
If using a consumer-reporting agency, provide a standalone disclosure and obtain a separate authorization as required by the Fair Credit Reporting Act; follow FCRA procedures for adverse-action notices when employment decisions are based on the report.
How do I revoke consent?
A signer may withdraw consent going forward; treat revocation as a stop-order for new searches and document the request. Revocation does not retroactively invalidate previously obtained reports unless other laws require it.
Are minors allowed to sign?
Minors generally cannot provide binding consent for employment background checks; follow state law on capacity and involve a parent or guardian when required.
Is notarization required?
Not typically required for most background consent forms. Some states or specific institutional policies may require notarization or witness signatures; check state rules and contracts.
What records should I keep?
Retain signed consent and related disclosures for the applicable retention period (see IRS, HIPAA, and state rules). Maintain a tamper-evident audit trail showing signer attribution and timestamping.

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