Do I need applicant consent before ordering a report?

Yes. Under the FCRA you must obtain a clear written or electronic authorization before obtaining a consumer report for employment purposes (15 U.S.C. §1681b). Keep the signed consent as proof of authorization.

What must the FCRA disclosure include?

The disclosure must be a standalone document that informs the applicant a consumer report may be obtained for employment. It must be clear and conspicuous and separate from other documents.

Can I use an electronic signature for consent?

Yes. Electronic signatures are valid under ESIGN (15 U.S.C. ch. 96) and state UETA laws where adopted. Ensure the electronic process captures intent, attribution, and retention to meet legal tests.

How do I handle adverse-action steps?

Provide a pre-adverse notice with a copy of the report and a summary of rights, allow the applicant time to dispute, then issue a final adverse-action notice if you proceed (FCRA timing practices).

Is notarization ever required?

Most background check consents do not require notarization, but specific state rules or agency requirements may demand notarization or witnesses; confirm per state or program rules.

What should I keep in the file?

Retain the signed consent, the consumer report, correspondence (pre-adverse and adverse notices), and audit logs. These records support compliance and should be retained per applicable federal and state retention rules.

Electronic Signature
Templates
HR
Employment Background Check Consent

Employment Background Check Consent

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

EMPLOYMENT BACKGROUND CHECK CONSENT

Personal Information

Full Legal Name Current Address

Phone

Email

Social Security Number

Date of Birth

Other Names Used (including maiden, aliases)

Position Information

Position Applied For

Department

Reporting Manager

Available Start Date

Salary Expectation

Authorization and Consent

I, the undersigned, authorize the employer and its authorized agents to obtain and review background information about me for employment purposes. This authorization includes obtaining consumer reports and investigative consumer reports that may include criminal history, driving records, credit history where job‑related, education verification, employment verification, professional license verification, and other information related to my suitability for employment. I understand that such information may be obtained now and at any time during my employment, to the extent permitted by law.

By checking the boxes below, I consent to the employer obtaining the indicated reports and contacting employers, education institutions, licensing bodies, and references listed in this form to verify the information provided.

Scope of Authorization (select all that apply)

Criminal history check

Driving record / motor vehicle report

Education verification

Prior employment verification

Credit report (if relevant to position)

Professional license and certification verification

Fingerprinting and biometrics (as required)

Employment History (most recent first)

Employer 1 — Company Name

Title

Dates Employed

Primary Duties / Responsibilities Reason for Leaving

Employer 2 — Company Name

Title

Dates Employed

Primary Duties / Responsibilities Reason for Leaving

Education

Highest Degree or Credential Institution Graduation Date

References

Reference 1 — Name

Reference 2 — Name

Reference 3 — Name

Legal Notices and Statements

At-Will Employment: If hired, I understand that my employment is at-will unless I am employed pursuant to a separate written agreement signed by an authorized representative of the employer. Either the employer or I may terminate the employment relationship at any time, with or without cause or notice, to the extent permitted by law.

Equal Opportunity: The employer provides equal opportunity in employment and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other status protected by applicable law.

Applicant Certification and Release

I certify that all information I have provided in connection with my application is true, complete, and correct to the best of my knowledge. I understand that false statements or omissions may disqualify me from consideration or be grounds for termination if I am employed.

I authorize all persons, schools, employers, and organizations named in this form and any consumer reporting or investigative agencies retained by the employer to provide information to the employer. I release such parties from liability for providing information in good faith. I further release the employer and its agents from liability arising from obtaining and relying upon such information, except where prohibited by law.

I acknowledge and consent to the procurement of consumer reports and investigative consumer reports as described above.

I consent to future background checks during the course of employment where permitted by law.

Additional Information (Optional)

Driver's License Number (if applicable) State of Issuance

Applicant Authorization and Signature

By signing below, I affirm that I have read and understand this Authorization and Consent. I certify that I am the person named in this form. I understand that I may withdraw this authorization in writing at any time, but such withdrawal will not affect background checks already completed by the employer prior to receipt of my written withdrawal.

Printed Name:

Signature:

Date:

What the Employment Background Check Consent Is and why it matters

An Employment Background Check Consent is a written authorization the applicant or employee signs to allow an employer or its consumer reporting agency (CRA) vendor to obtain background information. The form documents the applicant's consent to checks such as criminal history, employment and education verification, credit reports where permitted, and motor vehicle records. In the United States the Fair Credit Reporting Act (FCRA) governs consumer reporting and requires clear disclosure and authorization before obtaining reports. The consent also records scope, duration, and contact details for the reporting agency.

Why a clear written consent reduces legal and operational risk

A properly drafted consent ensures compliance with FCRA disclosure and authorization rules, documents applicant permission, and creates an audit trail for hiring decisions. Clear scope and signature evidence reduce disputes about which checks were allowed and when the employer obtained information.

Typical users and signers of a background check consent

Candidates and employees sign the form to grant permission; hiring managers and compliance staff retain copies to support hiring decisions and any required adverse-action steps.

HR managers and talent acquisition teams responsible for compliance and hiring decisions.
Staffing and recruiting agencies ordering checks on behalf of clients during placement.
Third-party consumer reporting agencies and their account managers processing requests.

What a professional consent form should include

A compliant consent combines clear disclosure, applicant data fields, scope limits, FCRA-required language, a signature block, and a record-retention statement. Each element supports lawful report ordering and downstream adverse-action workflows.

Consent Statement

A concise statement that the applicant authorizes consumer reports; specifies the purpose (employment, promotion, license) and names any third-party screening vendor used to obtain the reports.

FCRA Disclosure

Clear FCRA disclosure and authorization language that informs the applicant a consumer report may be obtained and that separate pre-adverse and adverse notices will follow if action is contemplated.

Applicant Data

Fields for full legal name, date of birth, current and previous addresses, Social Security number or last four digits where needed, and contact details to match records accurately.

Scope of Checks

A defined list of permitted checks (criminal, employment, education, motor vehicle, credit if permitted) and any geographic or timeframe limits on the search.

Authorization Terms

Explicit authorization clause, duration (how long consent remains valid), and any revocation process or limitations on future checks.

Signature Block

Date, printed name, signature, and optional witness or notary fields when state or organizational policy requires additional authentication.

Essential data elements collected on the consent

Full Legal Name: Given name, middle, family

Date of Birth: MM/DD/YYYY format

Social Security: Full SSN or last 4 digits

Current Address: Street, city, state, ZIP

Previous Addresses: Last 7–10 years as applicable

Signature Date: Signature with MM/DD/YYYY

Step-by-step: collecting a valid background check consent

Follow a consistent sequence to capture valid consent and preserve a defensive record for reviewers and compliance teams.

01

Prepare Form: Include FCRA disclosure and scope of checks.
02

Provide to Applicant: Share via secure portal or printed form before ordering checks.
03

Verify Identity: Match name, DOB, SSN to ID before submitting to CRA.
04

Sign and Retain: Collect dated signature and save copy with audit trail.

Typical online workflow settings for e-submission

Configure the digital workflow to ensure proper authentication, field logic, and audit trails before sending the consent to candidates.

Field	Configuration
Authentication	Email link \| SMS code or stronger MFA
Signature Order	Single signer \| Applicant signs first
Conditional Fields	Show SSN only when required
Retention & Export	Save signed PDF + audit trail

Where the signed consent goes and how it’s routed

A signed consent becomes part of the hiring record and should be routed to HR, the screening vendor, and compliance staff with access controls.

Upload Document: Upload final form to secure system
Assign Signers: Add applicant email and any witness
Send to CRA: Authorized HR or vendor requests report
Store Record: Save signed copy with audit trail

Digital signing: file formats and integrations to consider

Integrations with HRIS and applicant tracking systems reduce manual entry; ensure the chosen provider supports secure storage, export of signed PDFs, and detailed audit logs for compliance.

File Formats: PDF and DOCX supported
Integrations: Salesforce, NetSuite, Microsoft 365
Authentication: Email link, SMS code, or stronger

Key timing obligations and processing expectations

Certain disclosures and retention steps have immediate timing implications; meet these timelines to comply with FCRA and employment-record rules.

Applicant Consent Timing:

Obtain written authorization before requesting any consumer report (FCRA, 15 U.S.C. §1681b).

Pre-adverse Notice:

Provide report copy and rights summary; allow at least 5 business days before final action (FCRA practice).

Final Adverse Action:

Issue final adverse-action notice promptly after decision, including CRA contact details and adverse-action notice.

I-9 Retention:

Retain I-9 per 8 CFR §274a.2 — 3 years after hire or 1 year after termination, whichever is later.

Report Turnaround:

Typical consumer-report turnaround is 1–7 business days depending on checks and jurisdictions.

Key milestones from consent to completed screening

Track these sequential milestones to maintain a defensible record and meet legal notice windows.

01

Consent Captured

Applicant signs and date-stamps consent; store copy securely.

02

Report Ordered

Authorized party places order with CRA; record request details.

03

Pre-adverse Disclosure

If report could trigger adverse action, provide report and rights summary before final action.

04

Final Adverse Action

Issue formal adverse-action notice and retain proof of delivery.

Common mistakes that slow screening or create legal exposure

Failing to obtain signed authorization before requesting a consumer report, which violates the FCRA and creates risk of statutory claims and administrative penalties.
Using vague scope language that does not disclose which checks will be run, resulting in mismatches or disputed findings that delay hiring decisions.
Collecting unnecessary sensitive data or sharing without adequate safeguards, which can trigger privacy violations or breach notification obligations in some states.
Poor retention or audit-trail practices that make it difficult to demonstrate compliance with pre-adverse and adverse-action timing requirements.

Penalties and legal risks to watch for

FCRA Liability: Civil damages and attorney fees possible

I-9 Fines: $281–$2,789 per violation

State Sanctions: Fines or administrative orders possible

Adverse-Action Exposure: Improper notices can invalidate decision

Data Breach Risk: Unauthorized disclosure may trigger notifications

CRA Complaints: Disputes can delay hiring and increase costs

Real-world examples of consent workflows

Two examples illustrate how organizations collect consent and keep compliant records when screening candidates.

Optica Ventures — COO

Optica used a standardized online consent for all applicants to centralize screening

The team required signed consent before report ordering
By keeping a time-stamped PDF and audit trail they reduced candidate disputes and documented compliance for internal audits and external reviewers.

Xerox — Director of NetSuite Operations

Xerox embedded the consent in NetSuite workflows to auto-send screening requests

Conditional fields captured SSN only when required
The integration created a single source of truth for hires, improved match rates, and simplified adverse-action recordkeeping.

Representative eSignature vendor pricing and capabilities for consent workflows

A comparison of starting prices and selected capabilities to consider when digitizing background check consent and retaining signed records.

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

Frequently asked questions about Employment Background Check Consents

Answers to common questions that arise when collecting consent, ordering consumer reports, and handling adverse-action notices.

Need help? Contact support

Do I need applicant consent before ordering a report?
Yes. Under the FCRA you must obtain a clear written or electronic authorization before obtaining a consumer report for employment purposes (15 U.S.C. §1681b). Keep the signed consent as proof of authorization.
What must the FCRA disclosure include?
The disclosure must be a standalone document that informs the applicant a consumer report may be obtained for employment. It must be clear and conspicuous and separate from other documents.
Can I use an electronic signature for consent?
Yes. Electronic signatures are valid under ESIGN (15 U.S.C. ch. 96) and state UETA laws where adopted. Ensure the electronic process captures intent, attribution, and retention to meet legal tests.
How do I handle adverse-action steps?
Provide a pre-adverse notice with a copy of the report and a summary of rights, allow the applicant time to dispute, then issue a final adverse-action notice if you proceed (FCRA timing practices).
Is notarization ever required?
Most background check consents do not require notarization, but specific state rules or agency requirements may demand notarization or witnesses; confirm per state or program rules.
What should I keep in the file?
Retain the signed consent, the consumer report, correspondence (pre-adverse and adverse notices), and audit logs. These records support compliance and should be retained per applicable federal and state retention rules.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now