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Criminal History Consent Form

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CRIMINAL HISTORY CONSENT FORM

This Criminal History Consent Form (the "Form") is entered into between Applicant Name: , Date of Birth: , and Organization Name: . Applicant acknowledges and agrees to the terms set forth below to permit the procurement and use of criminal history records.

RECITALS

WHEREAS, Organization Name requires the review of certain criminal history record information as a condition of participation, employment, licensure, or access to sensitive facilities or programs;

WHEREAS, Applicant is willing to provide personal identifying information and to authorize a background investigation, including the retrieval of state and national criminal history records and any related adjudicative or administrative records;

WHEREAS, Organization Name will use such information solely in accordance with applicable law and the terms of this Form.

NOW THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:

1. AUTHORIZATION

Applicant hereby authorizes Organization Name and its designated agents to obtain criminal history record information about Applicant from any law enforcement agency, criminal justice agency, correctional agency, licensing board, or other repository of such records. This authorization includes, without limitation, state repositories, national criminal databases, and any fingerprint-based checks where applicable.

2. SCOPE OF BACKGROUND CHECK

The scope of the background check may include: (a) state and national criminal records; (b) pending criminal charges; (c) convictions, pleas, and adjudications; (d) sex offender registry checks; and (e) other relevant public records as permitted by law. Organization Name will limit the inquiry to records reasonably related to the stated purpose.

3. USE, RETENTION, AND DISCLOSURE

Criminal history information obtained under this authorization will be used solely for the determination of eligibility, fitness, or qualification for the role, license, program, or access requested by Applicant. Organization Name may disclose such information to its employees, agents, contractors, or governmental authorities on a need-to-know basis and in compliance with applicable law. Records will be retained only for the period required by law or Organization Name's retention policy and then disposed of in a secure manner.

4. INFORMATION PROVIDED BY APPLICANT

5. RIGHTS, ACKNOWLEDGEMENTS AND CERTIFICATIONS

Applicant understands that: (a) a consumer or background report may be obtained for the purpose described above; (b) Applicant has the right to request a copy of any consumer or investigative report obtained and to dispute the accuracy of any information contained therein; (c) Applicant's consent is voluntary but may be a condition to receiving the requested position, license, or access.

Applicant certifies under penalty of perjury that all information provided to Organization Name in connection with this Form is true, complete, and correct to the best of Applicant's knowledge, and that any omission or false statement may be grounds for denial, termination, or other adverse action.

6. ADVERSE ACTION PROCESS

If Organization Name proposes to take adverse action based in whole or in part on information obtained through a background check, Applicant will be provided with a copy of the report and a written description of Applicant's rights, and a reasonable opportunity to respond or provide mitigating information prior to final action.

7. RELEASE AND INDEMNIFICATION

Applicant releases and holds harmless Organization Name and its agents from any and all claims, liabilities, damages, or expenses arising from the acquisition, possession, or use of criminal history record information, except in cases of Organization Name's willful misconduct or gross negligence. Applicant agrees to indemnify Organization Name for any liability arising from Applicant's willful provision of false information.

8. NOTICES

All notices under this Form shall be in writing and delivered to the addresses provided by the parties. For Applicant: Address listed above. For Organization Name: Representative Name:

9. AMENDMENT, WAIVER, COUNTERPARTS

No amendment or waiver of any provision of this Form shall be effective unless in writing and signed by both parties. This Form 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.

10. GOVERNING LAW, SEVERABILITY, ENTIRE AGREEMENT

This Form shall be governed by and construed in accordance with the laws of the state in which Organization Name maintains its principal place of business, without regard to conflict of law principles. If any provision of this Form is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Form constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.

ADDITIONAL AUTHORIZATIONS

Applicant authorizes fingerprint-based background checks if required by Organization Name or applicable law.

CERTIFICATION

By signing below, Applicant certifies that Applicant has read and understands this Criminal History Consent Form, that Applicant's authorization is voluntary, and that Applicant consents to the release and use of criminal history record information as described herein.

Applicant

Printed Name:

Signature:

Date:

Organization Representative

Printed Name:

By:

Date:

Enter text✕

What a Criminal History Consent Form Is and When it’s Used

A Criminal History Consent Form is a written authorization that lets an employer, landlord, education institution, or licensing body request and review an individual’s criminal records from background-check vendors and governmental databases. The form documents the subject’s informed consent, identifies the specific searches to be run, lists the entities that will receive results, and explains how the information will be used. In the United States the form must meet ESIGN and UETA standards when delivered electronically, and often includes disclosures about consumer rights, adverse-action procedures, and data-retention practices to comply with federal and state privacy rules.

Why a Clear Consent Form Matters for Compliance and Fairness

A complete Criminal History Consent Form protects both requestors and subjects by documenting consent, limiting scope, and enabling compliant adverse-action steps; clear wording reduces errors, minimizes discrimination risk, and supports defensible hiring or placement decisions.

Why a Clear Consent Form Matters for Compliance and Fairness

Which Organizations and People Commonly Use This Form

Common users range from employers and staffing firms to landlords, licensing agencies, and educational institutions that need to verify criminal-history information before making decisions.

  • Employers and HR teams conducting pre-employment screening for regulated roles
  • Property managers and landlords screening prospective tenants
  • Licensing boards and credentialing bodies reviewing applicants
  • Colleges and student housing administrators requesting background checks

Tailor the form’s language, disclosures, and retention terms to the sector and to the jurisdiction that governs the transaction.

Typical Signers and Responsible Parties

Applicant / Subject

The individual whose criminal history will be checked. They provide their legal name, date of birth, and consent signature; accuracy matters because mismatches can block a search or trigger a repeated request.

Requesting Organization

The employer, landlord, or agency that collects consent and initiates the check. This party must keep a record of consent, document use, and follow required adverse-action and disclosure procedures under federal and state law.

Security and Compliance Elements to Include

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamped log with IP and actions
Authentication: Email, SMS code, or stronger MFA
HIPAA/BAA: BAA required for PHI-handling workflows
Retention Controls: Configurable retention and deletion settings
Certifications: SOC 2 Type II, ISO 27001, PCI-DSS

Key Risks and Legal Consequences of Errors

Wrongful Denial: Discrimination exposure and litigation risk
I-9 Mistakes: Possible fines for employment paperwork errors
Privacy Violations: State-level fines and regulatory scrutiny
Failure to Disclose: Adverse-action procedure omissions can be costly
Recordkeeping Lapses: Hampers defense against regulator inquiries
Data Breach: Notification obligations and potential penalties

Common Mistakes When Preparing Consent Forms

  • Using vague scope language that permits overly broad searches
  • Failing to include clear adverse-action disclosure and timelines
  • Collecting consent without confirming the signer’s identity
  • Retaining records longer than permitted or failing to purge

How to Complete a Criminal History Consent Form — Step by Step

Follow these steps to complete a compliant and usable Criminal History Consent Form from initial data entry through final storage.

  • 01
    Provide Identity: Enter full legal name, DOB, SSN (if required), and contact details
  • 02
    Specify Scope: List databases and date ranges to be searched
  • 03
    Explain Use: Describe how results will affect decisions
  • 04
    Sign and Date: Obtain signature and capture timestamp

Typical Workflow for Running and Using a Background Check

A clear routing workflow reduces delays and ensures each party receives required notices and results securely.

  • Collect Consent: Requestor issues the consent form to the subject
  • Verify Identity: Confirm identity using ID or remote verification
  • Order Check: Submit authorized search to vendor or agency
  • Review Results: Decision-maker reviews findings and follows adverse-action steps

Essential Components of a Professional Consent Form

A professional Criminal History Consent Form balances clear disclosure, limited search scope, and defensible recordkeeping to satisfy legal and operational needs.

Clear Identification

Full legal name, aliases, date of birth, and identifying data to ensure accurate matching

Search Scope

Explicit list of background sources, timeframes, and geographic limits for the record search

Purpose Statement

Plain-language explanation of how results will be used and who will view them

Consent Wording

Unambiguous affirmative consent and signature block with date

Adverse-Action Notice

Pre-adverse and final adverse-action steps, including consumer rights and dispute instructions

Retention Clause

How long records will be stored and the deletion or access policy

Tips to Keep the Consent Process Accurate and Efficient

Adopt consistent processes to reduce risk and speed verifications while respecting privacy rights.

Use Clear, Plain Language
Avoid legalese; state purpose, scope, and rights in straightforward terms so subjects can consent knowingly.
Limit Scope to Necessity
Only request the searches needed for the role or decision to reduce false positives and fairness concerns.
Capture Identity Evidence
Record government ID details or remote ID checks to ensure reliable matches and reduce disputes.
Log All Actions
Keep an audit trail of consent delivery, signing events, orders placed, and adverse-action communications.

Timelines, Deadlines, and What to Expect

Processing times and deadlines depend on the vendor, the scope of searches, and any required adverse-action procedures; plan workflows accordingly.

Background Search Time:

24–72 hours typical for database and county checks

Adverse-Action Notice:

Provide pre-adverse notice and a copy of report promptly

Response Window:

Allow subject reasonable time (often 5–10 days) to dispute findings

Record Retention Start:

Retention begins at the date of the search or final decision

Follow-up Checks:

Periodic rechecks scheduled as policy requires (annually or per role)

eSignature Pricing and Feature Comparison for Criminal History Consent Workflows

Comparing common eSignature vendors on starting price, trial availability, bulk-send, audit trail, HIPAA compliance, and envelope caps helps choose a platform that matches volume and compliance needs.

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 trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 env/user/year No cap No cap No cap

Frequently Asked Questions About the Criminal History Consent Form

Answers to common questions about consent wording, eSigning, identity verification, and record retention to resolve typical implementation issues.


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