Can a consent form be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and most state UETA statutes provided the signature demonstrates intent, consent, attribution, and retained reproducible records.

Is notarization required for consent forms?

Generally no. Notarization is uncommon for routine background-check consent but may be required for certain court or licensing submissions or where state law or agency rules specifically demand a notarized authorization.

Can the signer revoke consent after signing?

Yes. Provide instructions on revocation in the form. Revocation affects future searches but may not undo searches already completed; document revocation and date received.

What if the name or DOB is wrong on the completed form?

Incorrect identity data can lead to false matches or missed records. Correct errors promptly and obtain a signed amendment or new consent to avoid reliance on flawed reports.

Do employers need to follow FCRA procedures?

If using a consumer-reporting agency for background checks, employers must follow FCRA procedures, including pre-adverse and adverse-action notices and providing a copy of the report when adverse decisions rely on it.

How should signed consents be stored securely?

Store electronic copies with encrypted storage, audit trails, and access controls. For cloud eSign platforms, ensure TLS and AES-256 protections and a documented retention policy aligned with legal requirements.

Electronic Signature
Templates
Legal
Criminal Consent Form

Criminal Consent Form

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

Criminal Consent Form

This Criminal Consent Form (the "Agreement") is entered into as of by and between Requesting Party Name: , with principal address: and Individual Name: , Date of Birth: , current address: .

RECITALS

WHEREAS, Requesting Party requires criminal history information, records, and investigative reports concerning the Individual for purposes of eligibility, placement, licensing, or other lawful purposes expressly identified herein; and

WHEREAS, Individual is willing to provide a release and consent for the collection, inspection and disclosure of criminal history record information by authorized agencies and third-party vendors, subject to the terms and limitations set forth in this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the collection, use, retention, and disclosure of criminal history information.

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

1. Authorization and Consent

Individual hereby authorizes Requesting Party, its agents, representatives, contractors, and any law enforcement or governmental entity to obtain, receive, review and retain all criminal history record information concerning Individual, including but not limited to arrest records, conviction records, criminal investigative reports, sentencing information, and corrections data. This authorization includes fingerprint-based checks where required and any name-based or biometric searches necessary to verify identity and locate records.

2. Scope of Consent

The scope of this consent includes information from federal, state, local, and proprietary databases and repositories. Individual expressly consents to the following checks (select all that apply):

State criminal history repositories National criminal database and multi-jurisdictional searches Fingerprint-based FBI criminal history check Sex offender registry checks

3. Identification and Verification

Individual represents and warrants that the information provided below is true and correct for the purpose of identity verification. Requesting Party may retain copies of identifying documentation.

Identification Type Identification Number Issuing State/Country

4. Use, Access, and Confidentiality

Information obtained pursuant to this Agreement shall be used solely for the purposes set forth in this Agreement and consistent with applicable law. Access to such information shall be limited to employees or agents of Requesting Party who have a legitimate need to know. Requesting Party shall implement reasonable safeguards to protect the confidentiality of the information and shall not disclose such information except as permitted or required by law.

5. Release and Indemnification

Individual releases, discharges, and holds harmless Requesting Party, its officers, employees, agents and contractors from any claims, causes of action, liabilities, damages, losses or expenses arising from Requesting Party's lawful collection, use, retention or disclosure of criminal history information pursuant to this Agreement, except to the extent caused by Requesting Party's gross negligence or willful misconduct. Individual shall indemnify Requesting Party for any damages arising from intentional misrepresentation by Individual of identifying information.

6. Duration and Revocation

This consent shall remain in effect until , unless earlier revoked in writing by Individual. Revocation shall not affect any actions taken in reliance upon this consent prior to receipt of written notice of revocation.

7. Representations and Warranties

Individual represents that to the best of Individual's knowledge all information provided to Requesting Party for the purpose of obtaining criminal history information is complete and accurate. Individual acknowledges that knowingly providing false information may constitute a basis for disqualification from employment, licensing, or other actions requested of Requesting Party.

8. Notices

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party designates in writing.

Requesting Party Notice Address Individual Notice Address

9. Remedies; Limitation of Liability

The parties acknowledge that monetary damages may be inadequate to remedy a breach of confidentiality or misuse of criminal history information and that injunctive relief or specific performance may be appropriate. Except for willful misconduct or gross negligence, neither party shall be liable to the other for consequential, incidental, punitive or special damages.

10. Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the state identified for governing law: , without regard to conflict of laws principles. Venue for any action arising out of this Agreement shall lie exclusively in the state or federal courts located in the judicial district identified by Requesting Party.

11. Entire Agreement; Severability; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be amended only by a written instrument executed by both parties.

12. Waiver; Counterparts

No waiver of any breach shall be effective unless in writing and signed by the party waiving the breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

13. Acknowledgment

Individual acknowledges receipt of a copy of this Agreement, has read and understands its contents, and signs voluntarily to authorize the release and use of criminal history information in accordance with its terms.

Additional Instructions or Limitations (if any)

Requesting Party:

By:

Date:

Individual (Consentor):

By:

Date:

What the Criminal Consent Form Is and When It Applies

A Criminal Consent Form is a written authorization that allows an organization to obtain and review an individual's criminal history or background-check report. Typical uses include employment screening, tenant screening, licensing checks, volunteer vetting, and court-ordered background reviews. The form explains the scope of the records requested, who will access them, how the information will be used, and the applicant's rights, including disclosure and revocation options. Properly drafted consents help organizations meet legal obligations and document informed consent before running consumer reports or accessing law-enforcement records.

Why a Clear Consent Form Matters

A clear, compliant Criminal Consent Form reduces legal risk, documents informed consent, and supports accurate identity verification before a background check.

Who Typically Completes a Criminal Consent Form

Organizations use these forms when a third-party report or law-enforcement record is needed to evaluate eligibility, suitability, or risk.

Employers screening job candidates for safety-sensitive or trust positions.
Landlords and property managers screening rental applicants.
Licensing boards and credentialing agencies verifying applicant history.

Individuals sign to authorize retrieval of records and to acknowledge the employer or agency may rely on the information for decisions.

Core Elements Every Professional Consent Form Should Include

A well-structured Criminal Consent Form balances clarity for the signer with the information the requester needs to comply with legal and procedural requirements.

Consent Statement

A concise declaration that the signer authorizes retrieval of criminal history and understands who will view the results and why.

Identity Details

Full legal name, other names used, date of birth, and identifying numbers to accurately match records and avoid mistaken identity.

Scope of Search

Specify the types of records requested (local, state, national, fingerprint-based, or sex-offender registry) and the time period covered.

Disclosure Requirements

Explain adverse-action procedures, whether consumer-reporting agencies are involved, and the signer's rights under applicable laws.

Signature Block

Clear signature and date fields plus printed name and contact information; include witness or notary lines if required.

Revocation & Duration

State how to revoke consent and how long the authorization remains valid; include a statement on record retention.

Required Fields and Minimum Data Elements

Full Legal Name: Given name and family name

Date of Birth: MM/DD/YYYY format

Other Names: Aliases, maiden names, or former names

Address: Current street, city, state, ZIP

Contact Info: Phone and email

Signature & Date: Handwritten or electronic signature

Step-by-Step: Completing a Criminal Consent Form

Follow these steps to complete the form accurately and reduce processing delays.

01

Review Purpose: Read the scope and intended use before providing consent.
02

Enter Identity: Provide full name and any aliases to ensure correct matching.
03

Sign and Date: Sign in the designated block and include today's date.
04

Retain Copy: Keep a copy for your records and for any dispute or adverse-action process.

How to Configure an Online Consent Workflow

Set up your eWorkflow so signers can grant consent securely and records are logged for compliance.

Field	Configuration
Authentication Method	Email link, SMS code, or multi-factor
Conditional Fields	Show extra fields when fingerprinting or biometric consent selected
Template Reuse	Save a standardized template for consistent language
Audit Trail Retention	Capture timestamps, IP, and signer actions

Where to Send or File the Signed Consent

Signed consents need routing to the correct parties and storage systems to complete the background-check process.

Background Vendor: Send signed form to your consumer-reporting agency or vendor.
Human Resources: Retain a copy in the personnel or candidate file.
Security Office: Provide to security or compliance teams if applicable.
Law Enforcement: Forward only when authorized and for fingerprint-based checks.

Digital Signing and Technical Requirements

Use an eSignature platform that supports secure authentication, audit trails, and required export formats for recordkeeping.

File Formats: PDF, DOCX supported
Authentication: Email, SMS, or KBA options
Integrations: CRM and HR system connectors

Typical Timelines and Processing Expectations

Processing times and deadlines vary by vendor and the search scope; set expectations with signers in advance.

Immediate Acknowledgement:

Signer receives confirmation upon signature completion.

Vendor Turnaround:

Standard checks often complete in 24–72 hours; fingerprint or court record checks may take weeks.

Adverse-Action Window:

Allow time for pre-adverse notice and response per applicable law.

Consent Expiration:

State or organization policies often set consent validity at 30–180 days.

Record Retention:

Retain signed consent per legal retention policy and audit requirements.

Common Mistakes to Avoid

Using vague authorization language that does not specify the search scope or data sources; this can lead to unusable results and legal challenge.
Collecting unnecessary personal identifiers like full Social Security numbers without explaining why they are required and how they will be protected.
Failing to provide adverse-action notices and copies of reports when decisions are based on consumer-reporting agency results.
Not recording or retaining an auditable consent trail (timestamp, signer identity, and method), which complicates compliance reviews.

Risks and Legal Consequences of Improper Consent Handling

Invalid Consent: May render the report unusable

FCRA Violation: Potential statutory penalties and private claims

HIPAA Exposure: Unauthorized health data sharing can trigger penalties

Identity Errors: Mistaken identity increases liability risk

Operational Delay: Incomplete forms stall hiring or leasing decisions

Regulatory Scrutiny: Pattern failures invite audits or enforcement

How signNow Compares on Price and Core Features

This table compares starting price and a selection of common capabilities useful when choosing an eSignature provider for consent workflows.

	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	Yes, 7-day free trial, no credit card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Practical Examples of Consent Form Use

Two common scenarios show how a Criminal Consent Form is used and what each party should expect.

Employment Screening

An employer requests consent for national and state checks to verify safety-sensitive applicants.

The applicant signs electronically.
The employer documents consent, runs the report, and provides required adverse-action notices if the report influences hiring.

Tenant Screening

A property manager uses a consent form to authorize criminal-history and eviction searches before leasing.

The tenant provides ID and signs.
The manager retains the consent and delivers any required disclosures while applying fair-housing rules.

Practical Tips for Accurate and Efficient Completion

Adopt these best practices to reduce errors, speed processing, and maintain compliance.

Use Plain, Specific Language

Avoid ambiguous terms. Clearly name the specific records and repositories to be searched and limit the authorization to only the necessary scope to reduce legal exposure.

Provide an Easily Retrievable Copy

Give signers a copy of the executed form immediately and store the original in a centralized, access-controlled records system for audits and disputes.

Implement Strong Authentication

Use email plus SMS or multi-factor authentication for higher-risk checks to ensure the signer is correctly identified and minimize fraud.

Record Adverse-Action Steps

When decisions rely on consumer-reporting agencies, document pre-adverse notices, provide report copies, and keep timelines to meet regulatory obligations.

Frequently Asked Questions About Criminal Consent Forms

Answers to common questions about completing, signing, and storing Criminal Consent Forms in compliance with U.S. standards.

Need help? Contact support

Can a consent form be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and most state UETA statutes provided the signature demonstrates intent, consent, attribution, and retained reproducible records.
Is notarization required for consent forms?
Generally no. Notarization is uncommon for routine background-check consent but may be required for certain court or licensing submissions or where state law or agency rules specifically demand a notarized authorization.
Can the signer revoke consent after signing?
Yes. Provide instructions on revocation in the form. Revocation affects future searches but may not undo searches already completed; document revocation and date received.
What if the name or DOB is wrong on the completed form?
Incorrect identity data can lead to false matches or missed records. Correct errors promptly and obtain a signed amendment or new consent to avoid reliance on flawed reports.
Do employers need to follow FCRA procedures?
If using a consumer-reporting agency for background checks, employers must follow FCRA procedures, including pre-adverse and adverse-action notices and providing a copy of the report when adverse decisions rely on it.
How should signed consents be stored securely?
Store electronic copies with encrypted storage, audit trails, and access controls. For cloud eSign platforms, ensure TLS and AES-256 protections and a documented retention policy aligned with legal requirements.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now