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Criminal Record Disclosure Statement

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Criminal Record Disclosure Statement

This Criminal Record Disclosure Statement (the "Statement") is entered into as of Date: by and between Requesting Party Name: with Mailing Address: ("Requesting Party") and Applicant Name: Date of Birth: Applicant Address: ("Applicant").

Recitals

WHEREAS, the Requesting Party requires an accurate disclosure of the Applicant's criminal history for purposes of evaluation in connection with employment, volunteer services, licensing, contracting, or other official purposes specified by the Requesting Party; and

WHEREAS, Applicant is willing to disclose any criminal convictions, criminal charges, pending matters, or adjudications and to authorize the Requesting Party to obtain relevant records and verify information provided herein; and

WHEREAS, the parties desire to set forth the terms on which such disclosures and authorizations shall be made.

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

1. Definitions

For purposes of this Statement, the following definitions apply: "Criminal Record" means convictions, guilty pleas, no contest pleas, deferred adjudications, juvenile adjudications where not sealed, arrests, charges, indictments, or other criminal proceedings; "Conviction" means a judgment of guilt by plea or verdict, or the imposition of a criminal sentence.

2. Applicant Disclosure

Applicant shall disclose below all convictions, pleas, pending charges, deferred adjudications, and other criminal matters as defined above. Applicant must list each matter and provide a factual description including date, jurisdiction, charge, disposition, and sentence or penalty. If Applicant has no relevant criminal matters to disclose, check the first box and proceed to Section 3.

If disclosing, check applicable categories (one or more):

3. Authorization to Obtain Records

Applicant hereby authorizes the Requesting Party, its agents, representatives, and contractors to obtain Criminal Records and any other background information about Applicant from courts, law enforcement agencies, correctional institutions, and other third parties. Applicant expressly authorizes those entities to disclose such records to the Requesting Party and waives any statutory or common-law privacy claims to the extent necessary to permit such disclosure.

Applicant further authorizes the Requesting Party to use photocopies or electronic copies of this document to obtain records and acknowledges that a facsimile or electronic copy of this authorization shall have the same force and effect as the original.

4. Applicant Representations and Warranty

Applicant represents and warrants that all information provided in this Statement is true, complete, and correct to the best of Applicant's knowledge. Applicant understands that omission or falsification of information may constitute grounds for denial of employment, denial of a license, termination of services, or other adverse action by the Requesting Party, and may subject Applicant to civil or criminal penalties where applicable.

5. Use, Confidentiality, and Retention

Information obtained pursuant to this Statement shall be used solely for the stated purposes in the Recitals. The Requesting Party will treat disclosed information as confidential to the extent required by law, retain records only as necessary for legitimate business or legal purposes, and limit access to authorized personnel. Nothing in this paragraph shall prevent the Requesting Party from disclosing information if required by legal process.

6. Expunged, Sealed, or Set-Aside Matters

Applicant must disclose matters notwithstanding any expungement, sealing, or set-aside order unless a statute expressly permits nondisclosure. If Applicant claims a matter has been expunged, sealed, or set aside, Applicant must attach certified documentation and identify the court and case number in the detailed disclosure above.

7. Release and Indemnification

Applicant releases and forever discharges the Requesting Party, its agents, employees, and contractors from any liability or claims arising from the release, collection, use, or dissemination of Criminal Records obtained pursuant to this Statement, except for willful misconduct or gross negligence. Applicant agrees to indemnify the Requesting Party for claims arising from Applicant's misrepresentations in this Statement.

8. Notices

All notices required under this Statement shall be in writing and delivered to the addresses set forth below. Notice is effective upon personal delivery or three (3) days after deposit in the United States mail, postage prepaid.

9. Governing Law; Severability; Entire Agreement

This Statement shall be governed by and construed in accordance with the laws of the state specified for the Requesting Party's principal place of business without regard to conflict of laws principles. If any provision of this Statement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. This Statement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

10. Amendments; Waiver; Counterparts

Any amendment to this Statement must be in writing and signed by both parties. No waiver of any provision shall be valid unless in writing and signed by the party granting the waiver. This Statement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. Applicant Certification

By signing below, Applicant certifies under penalty of perjury that the information provided in this Statement is true, complete, and correct. Applicant acknowledges receipt of a copy of this Statement and understands the rights and obligations set forth herein.

Requesting Party (Print Name):

By:

Date:

Applicant (Print Name):

By:

Date:

Enter text✕

What the Criminal Record Disclosure Statement Is

A Criminal Record Disclosure Statement is a signed declaration used by employers, licensing boards, landlords, and other requestors to collect an applicant's criminal history information. The form typically asks whether the signer has been convicted of, pleaded guilty to, or had charges deferred for specified offenses, and may request dates, jurisdictions, and disposition details to assess eligibility or risk.

Why this statement matters for risk and compliance

The disclosure helps requestors meet screening obligations, make informed decisions, and document compliance with hiring, licensing, or tenancy policies while giving applicants an opportunity to explain relevant history.

Why this statement matters for risk and compliance

Who commonly completes a Criminal Record Disclosure Statement

Organizations and individuals use this statement when assessing suitability, licensing, access, or contractual eligibility.

  • Prospective employees and contractors who are subject to background checks and pre-employment screening.
  • Licensing applicants for professions with character or background standards, such as healthcare or finance.
  • Landlords and property managers screening applicants for rental or housing eligibility.

The form creates a written record that supports consistent decision-making and documents disclosure in case of disputes.

Step-by-step: completing a Criminal Record Disclosure Statement

Follow these four steps to prepare an accurate, reviewable disclosure that supports background screening and decision records.

  • 01
    Read instructions: Review definitions and scope before answering.
  • 02
    Complete ID fields: Enter legal name, DOB, and address accurately.
  • 03
    Describe offenses: Provide jurisdiction, date, and disposition.
  • 04
    Sign and date: Sign in required format; include witness/notary if required.

Essential components of a professional disclosure statement

A clear Criminal Record Disclosure Statement balances concise questions with space for explanations, signed attestations, and privacy notices that explain how information will be used.

Identification

Fields for full legal name, date of birth, and contact information to ensure accurate background search matching and reliable attribution of disclosed history.

Scope Definition

A statement clarifying which convictions, pleas, or adjudications must be reported, including look-back periods or jurisdictional limits where applicable.

Disclosure Checkboxes

Simple yes/no checkboxes for common categories (felonies, misdemeanors, sex offenses) followed by fields for required details when affirmative.

Narrative Section

Free-text field for applicants to provide context, rehabilitation steps, or sealed/expunged status explanations to aid fair adjudication.

Consent and Use

A privacy notice and signature line documenting consent for background checks and information sharing consistent with FCRA and state law.

Certification

Attestation language confirming truthfulness and signature date, with optional notary or witness block if jurisdiction or policy requires it.

Security and compliance checks to include

Encryption: TLS 1.2/1.3; AES-256
Audit Trail: Timestamped actions logged
HIPAA Consideration: BAA required for PHI
FCRA Notices: Pre-adverse/adverse disclosure
Data Retention: Retention policy applied
Authentication: Email, SMS, or stronger

Key legal risks of inaccurate or false disclosure

Perjury Exposure: Criminal exposure (18 U.S.C. §1621)
FCRA Violation: Civil liability under 15 U.S.C. §1681
Employment Action: Disqualification or termination risk
Licensing Sanctions: Denial or revocation of license
Civil Liability: Claims for negligent hiring
Administrative Fines: Agency penalties or fines

Common mistakes to avoid when preparing a disclosure

  • Failing to define the reporting period, producing ambiguous answers that require follow-up and slow processing.
  • Using nicknames or initials instead of full legal name, causing mismatches in background-check results.
  • Overlooking state-specific expungement or sealing rules that may change whether convictions must be disclosed.
  • Not including disposition details (dismissal, probation, sentence), leading to incorrect adverse decisions.

Configuring an online disclosure workflow

Map the digital workflow to ensure secure collection, verification, and storage of disclosures before reviewing or sharing with decision-makers.

Field Configuration
Authentication Email + SMS code or stronger
Conditional Logic Show detail fields when 'Yes' checked
Document Retention Encrypted storage, access controls
Audit Trail Capture IP, timestamp, actions

Technical considerations for eSubmission and integrations

Choose a platform that supports secure e-signing, conditional fields, and an auditable record for each disclosure.

  • Formats: PDF, DOCX, HTML supported
  • Integrations: CRM/HR systems supported
  • Authentication: Email, SMS, KBA options

Typical digital processing flow for a disclosure

A standard eWorkflow moves the disclosure from collection through verification, review, and final storage while logging each action for compliance.

  • Upload: Upload template and place fields
  • Send: Deliver via email or secure link
  • Sign: Signer authenticates and submits
  • Store: Signed copy archived with audit trail

Timing expectations and typical response windows

There is no universal federal filing deadline for a Criminal Record Disclosure Statement, but organizations often set internal deadlines and legal notice periods.

Provide on request:

Applicants often must return within 3–7 business days

Background check window:

Employers typically allow 7–14 days for checks

Adverse action timeline:

FCRA requires pre-adverse notice timing

Licensing review:

Board timelines vary, often 30–90 days

Retention start:

Retention begins on signature date

Common eSignature providers and how they compare for disclosure collection

Platform features and pricing influence scalability, security, and compliance when collecting Criminal Record Disclosure Statements electronically; compare core criteria below.

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

Practical examples of disclosure use in real workflows

These short scenarios illustrate common situations where a Criminal Record Disclosure Statement supports a decision or compliance process.

Hiring — Retail

An applicant completes the disclosure online during onboarding to permit a background check

  • employer requests disposition dates and jurisdictions
  • HR documents the signed form, runs a background check, and records the adjudication outcome for compliance and audit.

Licensing — Healthcare

A clinician seeking credentialing provides a disclosure as part of a licensing packet

  • board requests explanations and supporting court records
  • the board reviews context and rehabilitation evidence before issuing a licensing decision, retaining records per HIPAA and state rules.

Frequently asked questions about Criminal Record Disclosure Statements

Answers to common questions about execution, accuracy, electronic signatures, and how disclosures interact with background checks and legal protections.


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