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Employment Background Investigation Disclosure

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EMPLOYMENT BACKGROUND INVESTIGATION DISCLOSURE

Personal Information

Phone:

Email:

Position Information

Proposed Start Date:

Proposed Salary:

Employment History (Most Recent)

Title:

Dates Employed: From to

Employment History (Previous)

Title:

Dates Employed: From to

Education

References

Phone:

Email:

Phone:

Email:

Phone:

Email:

Disclosure of Background Investigation

This disclosure is provided to you in connection with your application for employment. The Company may obtain consumer reports and investigative consumer reports about you for employment purposes. Such reports may include, but are not limited to, verification of education, employment history, professional licenses, driving history, criminal history, credit history where permitted by law, and other public records. Investigative consumer reports may include information obtained through personal interviews with sources such as neighbors, friends, or former employers.

By signing below you authorize the Company and its agents to obtain consumer reports and investigative consumer reports from one or more consumer reporting agencies. You understand that such reports may be used to make hiring or retention decisions. You further understand that the scope of this authorization includes collection of records and information from public and private sources, and any consumer reporting agency retained by the Company may provide such information.

Types of reports that may be requested (check all that apply):









Aliases / Other Names Used:

If the Company intends to take an adverse action based in whole or in part on information contained in a consumer report, you will be provided with a copy of the report and a description of your rights under applicable law prior to the adverse action. You will be given a reasonable opportunity to review and respond to the information.

Legal Notices and Disclosures

At-Will Employment: Nothing in this disclosure or in the application process is intended to create, nor shall it be construed to constitute, a contract of employment for any specified period. If employed, your employment will be at-will, meaning that either you or the Company may terminate the employment relationship at any time, with or without cause or notice, unless otherwise expressly provided in a separate written agreement signed by the appropriate Company representative.

Equal Opportunity: The Company is an equal opportunity employer. All employment decisions are made without discrimination on the basis of race, color, religion, sex, national origin, age, disability, veteran status, or any other basis protected by law.

Authorization and Applicant Certification

I certify that the information I have provided on this form and in any accompanying documents is true, accurate, and complete to the best of my knowledge. I understand that false statements, omissions, or misrepresentations may disqualify me from employment or may be grounds for termination if discovered after hire.

I authorize the Company, its representatives, and any consumer reporting agency or other person or entity contacted by the Company to investigate statements contained in my application and to obtain consumer reports and investigative consumer reports about me. I authorize all persons, schools, current and former employers, and law enforcement agencies to release to the Company any information they may have regarding me. I release such persons and the Company from any liability arising out of such inquiries and disclosures, except as prohibited by law.

I understand that I may be required, as a condition of employment, to submit to a criminal background check, driving record check, credit check (when job-related), drug screening, or other lawful pre-employment inquiries. I further understand that any offer of employment may be conditioned on the receipt of acceptable information from a background investigation and the successful completion of any required tests.

By signing below I acknowledge that I have read and understand this disclosure and that I voluntarily consent to the procedures described herein. I further acknowledge that I have received any notices required by applicable law prior to the ordering of any consumer report or investigative consumer report.

Applicant Name:

Signature:

Date:

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What the Employment Background Investigation Disclosure Is

The Employment Background Investigation Disclosure is a written notice that tells a job applicant an employer intends to obtain consumer background information and explains the scope of that check. It typically describes the types of searches to be run (criminal records, employment verification, education checks, credit reports where permitted), names the consumer reporting agency if used, and requests the applicant's written authorization. The disclosure supports compliance with the Fair Credit Reporting Act (FCRA) and establishes a paper or electronic record of consent under ESIGN and UETA for interstate and intrastate electronic transactions.

Why this Disclosure Matters for Employers and Applicants

A clear disclosure creates transparency, documents consent, and reduces legal risk by satisfying FCRA requirements and e-signature standards under ESIGN/UETA. It also helps employers set expectations about what data will be reviewed and how findings may affect hiring decisions.

Why this Disclosure Matters for Employers and Applicants

Who typically issues or completes this disclosure

Typical parties who issue or complete an Employment Background Investigation Disclosure include internal HR teams and hiring managers responsible for pre-employment screening.

  • Employers and HR departments conducting pre-employment screening and maintaining compliance.
  • Third-party consumer reporting agencies acting on employers' behalf to compile background reports.
  • Applicants and contractors who review, sign, and authorize searches before checks proceed.

Use by each party is role-specific: employers prepare and retain the form, vendors execute searches, and applicants provide consent and identifying information.

Primary signers and stakeholders

HR Manager

Responsible for issuing the disclosure, selecting screening scope, and retaining records in compliance with FCRA and internal retention policies. HR must ensure the disclosure is standalone and obtains explicit consent when required.

Job Applicant

Reviews the disclosure, provides identifying details and signature, and may dispute or respond to adverse findings. The applicant's authorization must be attributable and retained per ESIGN and employer policy.

Step-by-step: completing the disclosure

Follow these sequential steps to prepare, present, and document the disclosure correctly.

  • 01
    Prepare: Identify report types and vendor; draft a standalone disclosure.
  • 02
    Present: Provide the disclosure and FCRA summary before ordering reports.
  • 03
    Obtain Consent: Collect the applicant's signature and any required authentication.
  • 04
    Document: Retain the signed disclosure and audit trail per retention rules.

Configuring an online disclosure workflow

Set up fields, authentication, and retention before sending the disclosure for signature.

Field Configuration
Disclosure Text Standalone document; required checkbox for consent.
Authentication Email plus optional SMS code or KBA for higher assurance.
Document Retention Store signed copy and audit trail for retention period.
Access Controls Limit HR and vendor access; role-based permissions.

Technical considerations for e-sign and e-submission

Choose a platform that supports secure e-signatures, audit trails, and required integrations before mass distribution.

  • File formats: PDF, DOCX supported
  • Integrations: HRIS, ATS, and cloud storage
  • Authentication: Email, SMS, KBA

Ensure the provider supports ESIGN/UETA compliance, audit logging, and optional HIPAA BAA if handling protected health information.

Typical online disclosure and signing flow

A standard online workflow reduces friction and creates a legally defensible audit trail.

  • Upload: Load the disclosure template into the e-sign platform.
  • Place Fields: Add name, signature, date, and consent checkboxes.
  • Send to Signer: Email or invite the applicant to review and sign.
  • Capture Audit: Record IP, timestamp, and authentication method.

Core elements every professional disclosure should include

Include these six sections to ensure clarity, legal compliance, and downstream defensibility when obtaining background reports.

Standalone Notice

A clear, standalone disclosure statement that plainly informs the applicant a consumer report may be obtained and used for employment decisions.

Scope Description

A concise list of checks to be performed (criminal, employment, education, motor vehicle, credit where lawful) and any limitations or timeframe covered.

Reporting Agency

Name the consumer reporting agency or vendor that will compile the background information and provide contact details for disputes.

Applicant Authorization

An explicit consent line or checkbox that the applicant signs or initials to authorize the employer to obtain consumer reports.

Adverse Action Notice

Instructions describing next steps if the employer intends to take adverse action, including provision of the report and FCRA summary when required.

Retention Statement

A short note explaining how long the signed disclosure and associated records will be retained and who to contact for questions.

Security and data protections to include

Encryption: TLS and AES-256
Access Controls: Role-based permissions
Audit Trail: IP and timestamp logs
BAA Available: HIPAA BAA option
Data Residency: Regions supported
Authentication: Multi-factor options

Risks and penalties for improper disclosure or process

FCRA Violations: Civil liability
Adverse Action Errors: Reversal or litigation
Data Breach: Regulatory fines
Identity Misuse: Applicant harm
Incorrect Decisions: Hiring liability
Recordkeeping Failures: Compliance audits

Common mistakes to avoid when preparing disclosures

  • Using combined disclosure and authorization rather than a clear, standalone FCRA disclosure which may not satisfy legal requirements.
  • Requesting sensitive data like full SSN without secure transmission and retention policies, increasing breach risk and state law violations.
  • Failing to provide the required pre-adverse action materials when relying on consumer reports to make negative hiring decisions.
  • Keeping signed disclosures beyond retention periods or deleting them prematurely, complicating audits or dispute responses.

Key timing and deadline considerations

Observe these timing rules to maintain FCRA compliance and protect applicant rights.

Pre-Report Disclosure:

Provide a standalone disclosure and obtain consent before ordering a consumer report.

Pre-Adverse Action:

If adverse action is likely, give the applicant a copy of the report and FCRA summary before final action.

Adverse Action Notice:

Send a clear adverse action notice promptly when a final decision is made based on a report.

Record Retention Start:

Retention begins on the date of signature or electronic acceptance of the disclosure.

Applicant Response:

Allow reasonable time for disputes or additional information, per your internal policy.

Milestones in the screening lifecycle

Track these sequential stages from authorization through final notice to ensure a defensible process.

01

Authorization Obtained

Applicant signs disclosure and provides identifying information.

02

Reports Ordered

Employer or vendor runs the specified background searches.

03

Results Reviewed

HR evaluates findings and documents decision rationale.

04

Decision & Notice

Employer issues final hiring decision and adverse action notice if applicable.

Practical file and companion document guidance

Capture signed disclosures together with supporting documents and store them in searchable, secure formats for compliance and retrieval.

Download Formats

Save signed disclosures as searchable PDFs (PDF/A preferred) and retain the platform audit trail for attribution and reproduction.

Supporting Documents

Attach identity proof, signed authorization, and vendor report receipts; maintain grouping to preserve context for disputes.

Amendments

Record any revisions as addenda with new signatures and dates; do not overwrite original signed disclosures.

Authority to Sign

Only the applicant signs their consent; HR or authorized vendors may countersign where policy requires.

Tips for accurate and efficient execution

Adopt consistent templates, training, and technical controls to reduce errors and speed processing.

Use a standalone disclosure
Provide a clear, separate FCRA disclosure and authorization field; combined or hidden language can lead to noncompliance and dispute risk.
Limit scope to job relevance
Run only checks that are directly related to the job duties to reduce legal challenges and unnecessary privacy exposure.
Secure personal data
Store SSNs and sensitive identifiers in encrypted fields, restrict access by role, and purge or redact where allowed after retention periods.
Log every action
Keep a complete audit trail showing who accessed, requested, or reviewed reports to support decision-making and regulatory audits.

Real-world examples of background disclosure workflows

Two customer experiences illustrate how clear disclosures and digital workflows reduced friction and supported compliance.

Optica Ventures — COO

Optica standardized their disclosure and e-sign flow to simplify screening across hires.

  • Streamlined templates reduced back-and-forth.
  • The result was a smoother candidate experience and consistent records that supported vendor auditing and faster onboarding timelines.

Martin Properties — Founder

A small real estate firm moved disclosures online for remote hires.

  • Mobile signing enabled quicker authorizations.
  • This allowed the company to complete background checks without in-person meetings while preserving compliant signed records and audit trails.

Comparison: eSignature vendors for background disclosure workflows

Vendor pricing and feature availability influence choice for high-volume disclosure and signature workflows; signNow is listed first for comparison.

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 Varies Limited trial Limited trial
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

Frequently asked questions about disclosures and background checks

Answers to common questions on what to include, how to sign electronically, and how to respond to report findings.


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