Can the form be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and record retention are met. Certain exceptions or state-specific rules may apply.

What must the applicant consent include?

Consent should be clear and separate from other application terms, describe the scope of criminal searches, identify consumer reporting agencies used, and include an explicit signature or e-signature. For consumer-facing records, include ESIGN consumer disclosure where required by 15 U.S.C. §7001(c).

How should inaccurate records be handled?

If a candidate disputes information, provide the consumer reporting agency's contact details, allow the candidate to initiate a dispute, and document follow-up steps. Corrected records must be considered before final adverse action to satisfy FCRA obligations and reduce litigation risk.

Is notarization or witness authentication required?

Typically no. Background check authorizations do not generally require notarization, but some states or specific affidavits may require notarization or witnesses. For remote notarization use RON where authorized and follow identity-proofing and record-retention rules.

Can checks be run across multiple states?

Yes. Specify jurisdictions in the search scope and obtain consent for multi-jurisdictional searches. Be mindful of state sealing, expungement laws, and variations in accessible records; consult state guidance when interpreting results.

How can an applicant revoke consent?

Applicants can withdraw consent but withdrawal may not undo reports already obtained. Maintain a clear revocation process, document receipt of withdrawal, and comply with any contractual or regulatory obligations regarding retention and use of previously collected information.

Electronic Signature
Templates
HR
Employment Criminal Background Check

Employment Criminal Background Check

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

EMPLOYMENT CRIMINAL BACKGROUND CHECK AUTHORIZATION

Personal Information

Full legal name Other names used (aliases, maiden names)

Date of birth:

Social Security No.:

Driver's License No./State:

Current address

Phone:

Email:

Position Information

Position applied for / job title Department / hiring manager

Available start date:

Desired salary/hourly rate:

Employment type:

Full-time Part-time Temporary Contractor

Employment History (most recent first)

Employer 1

Company name

Job title:

Supervisor:

Dates employed:

May we contact: Yes No

Primary responsibilities Reason for leaving

Employer 2

Company name

Job title:

Supervisor:

Dates employed:

May we contact: Yes No

Primary responsibilities Reason for leaving

Education

Highest degree or diploma Institution

Graduation date:

Professional References

Reference 1

Reference 2

Reference 3

Legal Disclosures and Authorizations

At-Will Employment: I understand that submission of this authorization and my candidacy for employment does not create any employment contract. If employed, my employment will be at-will, which means that either I or the employer may terminate the employment relationship at any time, with or without cause or advance notice, unless otherwise agreed in a signed written agreement.

Equal Opportunity: The employer is an equal opportunity employer. Employment decisions are made without regard to race, color, religion, sex, pregnancy, national origin, age, disability, genetic information, veteran status, or other protected characteristic, except where a bona fide occupational qualification exists.

Authorization to Obtain Consumer Report and Criminal History: I authorize the employer, its agents, and any designated consumer reporting agency to obtain consumer reports and background investigations, including but not limited to criminal history records, sex offender registry checks, national and state criminal database searches, and incarceration records. This authorization extends to ongoing checks during the course of my employment, where permitted by law.

Scope and Use of Information: I understand that the information obtained will be used for employment purposes only. I further understand that adverse action may be taken based on information obtained in the background check. Prior to taking any adverse action based in whole or in part on information contained in a consumer report, the employer will provide me with a copy of the report and a written notice of my rights to dispute the accuracy of the information, where required by law.

Consent to Release Information: I voluntarily and knowingly authorize any person, educational institution, current or former employer, law enforcement agency, credit bureau, or other entity that may have records relevant to this authorization to release such information to the employer, its representatives, and to any consumer reporting agency retained to conduct such investigations.

Certification of Truthfulness: I certify that the information I have provided on this form is true and complete to the best of my knowledge. I understand that providing false information or omitting material information may disqualify me from employment or subject me to disciplinary action, up to and including termination.

I hereby authorize the criminal background checks and consumer reports described above.

I authorize ongoing background checks during my employment where permitted by law.

Disclosure of Convictions: Have you ever been convicted of a crime (felony or misdemeanor) that has not been annulled, expunged, or sealed? Yes No

If yes, provide details (offense, date, jurisdiction, disposition)

Applicant Certification and Signature

I certify under penalty of perjury that the information provided on this form is complete and accurate. I understand that this authorization and any information obtained pursuant to it will be used only for employment purposes. I voluntarily authorize the release of any information requested by the employer or its agent for the purpose of verifying my background and fitness for the position.

I understand that I may revoke this authorization in writing at any time, but such revocation will not affect any action taken prior to receipt of the revocation. This authorization shall remain in effect for 180 days from the date signed below unless revoked in writing.

Applicant Printed Name:

Signature:

Date:

What an Employment Criminal Background Check Is

An Employment Criminal Background Check is a standardized pre-employment screening document used by employers to obtain a candidate's criminal history from public records, courts, and authorized databases. It documents the scope of the search, the jurisdictions queried, the candidate's consent, and any limitations or expiration of results. Employers use the check to assess suitability for positions where safety, trust, or regulatory compliance is required. The document often includes disclosure language, a signed authorization from the applicant, identifying information, and instructions for correcting inaccurate records.

Why a Clear Authorization Matters

A clear Employment Criminal Background Check reduces hiring risk by documenting consent, search scope, and results. It supports consistent decision-making, demonstrates compliance with employment laws, and helps employers meet safety and regulatory obligations during candidate screening.

Who Uses Employment Criminal Background Checks

Employers, HR teams, and hiring managers use Employment Criminal Background Check forms to document authorization and establish consistent screening practices.

Small and midsize businesses conducting standard hiring checks, often via HR or outsourcing.
Healthcare employers screening for HIPAA-sensitive roles, patient-facing positions, and regulatory compliance.
Financial institutions and licensed professionals checking for crimes affecting fiduciary trust.

Third-party background screening firms and legal counsel also rely on the document to align searches with state and federal disclosure requirements.

Typical Roles Involved

HR Manager

An HR Manager authorizes and reviews Employment Criminal Background Checks, ensuring the form collects necessary identifiers, consent language, and scope. They coordinate with legal and vendors, track retention schedules, and implement adverse action steps to comply with FCRA and state-specific rules.

Background Screening Vendor

Background Screening Vendor performs searches, provides dated reports, and maintains audit trails. Vendors verify identity, compare records, and flag matches; they must follow FCRA rules and provide dispute contacts. Contracts should clarify data handling, retention, and liability.

Essential Elements to Include

Core elements that a professional Employment Criminal Background Check should include to be legally reliable and operationally useful for hiring decisions.

Applicant Identity

Collect full legal name, date of birth, social security number or partial SSN if state-restricted, and current address; accurate identifiers reduce false matches and are necessary to comply with background vendor requirements.

Consent & Disclosure

Include a clear, standalone consent section describing the nature of the search, sources queried, consumer rights under FCRA, and a signature line for written or e-signed authorization.

Search Scope

Specify jurisdictions (states, counties), record types searched (felony, misdemeanor, sex offender registry), date ranges, and whether civil or federal databases are included.

Adverse Action

Explain procedures if records influence hiring—pre-adverse notice, copy of report, adverse action notice template, and timelines required by FCRA and state law.

Report Format

Require a concise, dated summary of findings, vendor name, search date, match confidence level, and instructions for disputing inaccuracies with the consumer reporting agency.

Record Retention

State retention period for consent, reports, and related correspondence; align with federal and state retention rules and document disposal procedures, including audit trail and access logs for e-signed records.

Step-by-Step: Complete and Document the Check

Follow these steps to complete and document an Employment Criminal Background Check accurately and lawfully.

01

Prepare Form: Specify scope, consent text, and data fields
02

Gather IDs: Collect full legal name, DOB, and address
03

Obtain Consent: Get signed authorization before ordering report
04

Review & Act: Follow FCRA adverse-action process if applicable

Typical Workflow for Delivery and Signing

Typical routing for delivering, signing, and returning an Employment Criminal Background Check document in a hiring workflow.

Upload Document: Sender uploads the check template to the platform
Place Fields: Add signature, date, and conditional consent fields
Send to Signer: Email or secure link delivered to candidate
Receive Signed Copy: Signed record and audit trail stored

Suggested Online Configuration

Suggested online configuration for automating Employment Criminal Background Check collection and processing in HR workflows.

Field	Configuration
Authentication	Email link with optional SMS code
Signature Type	Click-to-sign or handwritten on touch device
Conditional Fields	Show prior convictions question only if applicable
Data Retention	Store consent and reports per retention policy

Platform Capabilities to Look For

Platform requirements and integrations to deliver and manage Employment Criminal Background Check forms securely.

File Formats: PDF, DOCX supported
Integrations: HRIS, ATS, and cloud storage
Authentication: Email, SMS, SSO options

eSignature Vendor Pricing and Feature Snapshot

Pricing and feature snapshot for common eSignature vendors relevant to Employment Criminal Background Check 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 trial	Yes	Yes	Yes	Yes
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	No cap	No cap	No cap

Security and Compliance Basics

Encryption in Transit: TLS 1.2 and TLS 1.3

Encryption at Rest: AES-256 full-disk encryption

Access Controls: Role-based access, MFA available

Audit Trail: Timestamps, IP, and action log

Compliance Certifications: SOC 2 Type II, ISO 27001, PCI DSS

HIPAA Support: BAA available for covered entities

Penalties and Legal Risks to Consider

FCRA Noncompliance: Civil penalties and private suits

Negligent Hiring: Liability for workplace harm

Discrimination Risk: EEOC complaints, litigation

Incorrect Records: Employment decisions overturned

I-9 Violations: Civil fines per violation

Data Breach: Regulatory fines, reputational harm

Common Errors to Avoid

Incomplete or mismatched identifiers—such as nicknames, previous names, or partial SSNs—lead to inaccurate matches and longer dispute cycles with reporting agencies.
Failing to obtain clear, separate written consent that meets FCRA and ESIGN requirements, risking invalid searches or statutory damages.
Omitting adverse-action steps after a negative report; skipping pre-adverse notices and required timelines can trigger legal liability.
Relying on out-of-date or restricted databases without disclosing limits; certain records may be sealed, expunged, or jurisdictionally unavailable.

Key Timelines and Statutory Points

Key timelines and statutory deadlines relevant to ordering and acting on Employment Criminal Background Checks.

I-9 Retention:

Three years after hire or one year after termination (8 CFR §274a.2)

FCRA Pre-Adverse Steps:

Provide copy of consumer report and adverse-action notice per FCRA requirements

Applicant Disclosure:

Obtain written disclosure and separate authorization before obtaining report

Retention of Consent:

Keep signed consent for at least the same period as reports

Dispute Handling:

Respond promptly to identity disputes per consumer reporting agency procedures

Processing Milestones from Consent to Decision

Milestones from authorization through final hiring decision for background checks, shown as sequential stages with typical actions.

01

Authorization Received

Candidate signs consent and disclosure; document stored

02

Order Background Check

Background vendor performs searches across listed jurisdictions

03

Review Results

Hiring manager reviews findings and match confidence

04

Decision & Notice

Provide adverse action notice if decision is negative

Examples: How Organizations Use This Form

Real-world examples show how Employment Criminal Background Checks are applied across different hiring scenarios and compliance contexts.

Tech Company Hiring

A mid-size technology firm requires a national-level criminal background check for engineers working on secure client projects.

Search included federal and state records across five states.
The check identified a decade-old conviction that was disclosed and evaluated; the company followed FCRA adverse-action steps, provided the report to the candidate, and documented the hiring decision to minimize legal exposure.

Healthcare Credentialing

A regional hospital runs thorough background checks for clinical staff, including county criminal searches and OIG exclusion list checks.

HIPAA considerations limited report sharing and PHI exposure.
The hospital required candidate consent, stored signed authorizations under a BAA, and coordinated with legal counsel on any potential licensing impacts before taking adverse action to satisfy healthcare-specific regulatory requirements.

Practical Tips to Improve Accuracy and Compliance

Practical tips to improve accuracy, reduce legal risk, and speed processing when using Employment Criminal Background Checks.

Standardize identifiers across systems for vendor matching

Require full legal names, DOB, and current plus prior addresses in a consistent format; use dropdowns for states, enforce MM/DD/YYYY for dates, and validate input before initiating searches to minimize vendor errors and disputes.

Use clear, standalone consent language

Draft a standalone consent paragraph in plain language informing applicants of searches to be conducted, consumer rights under FCRA, how to dispute, and whether the record influences employment. Keep it separate from general application terms for legal clarity.

Limit scope to job-related records

Define record types and date ranges relevant to job duties; narrow searches to recent convictions when lawful, and avoid blanket lifetime searches that may conflict with state fairness or ban-the-box policies.

Document adverse action steps and timing

Maintain templates for pre-adverse notices, copies of reports, and final adverse action letters; log delivery dates and supporting reasons to demonstrate compliance with FCRA timelines and reduce litigation risk.

How This Form Differs from Other Authorizations

Key distinctions between Employment Criminal Background Check forms and common alternative authorization documents used during hiring and screening.

Document Type	Employment Criminal Background Check	Reference Check Authorization
Purpose	criminal records	employment references
Primary Source	courts & databases	former employers
Consent Required	yes, written	yes, written
Typical Use	safety-sensitive roles	cultural fit and skills

Frequently Asked Questions

Answers to frequent questions about executing, validating, and correcting Employment Criminal Background Check authorizations in U.S. hiring contexts.

Need help? Contact support

Can the form be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and record retention are met. Certain exceptions or state-specific rules may apply.
What must the applicant consent include?
Consent should be clear and separate from other application terms, describe the scope of criminal searches, identify consumer reporting agencies used, and include an explicit signature or e-signature. For consumer-facing records, include ESIGN consumer disclosure where required by 15 U.S.C. §7001(c).
How should inaccurate records be handled?
If a candidate disputes information, provide the consumer reporting agency's contact details, allow the candidate to initiate a dispute, and document follow-up steps. Corrected records must be considered before final adverse action to satisfy FCRA obligations and reduce litigation risk.
Is notarization or witness authentication required?
Typically no. Background check authorizations do not generally require notarization, but some states or specific affidavits may require notarization or witnesses. For remote notarization use RON where authorized and follow identity-proofing and record-retention rules.
Can checks be run across multiple states?
Yes. Specify jurisdictions in the search scope and obtain consent for multi-jurisdictional searches. Be mindful of state sealing, expungement laws, and variations in accessible records; consult state guidance when interpreting results.
How can an applicant revoke consent?
Applicants can withdraw consent but withdrawal may not undo reports already obtained. Maintain a clear revocation process, document receipt of withdrawal, and comply with any contractual or regulatory obligations regarding retention and use of previously collected information.

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