Can the release be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; ensure the platform records intent, attribution, consent, and retention to satisfy legal tests.

What if an applicant refuses to sign?

If the applicant refuses, an employer generally cannot obtain a consumer report; document the refusal and follow internal hiring policies while avoiding discriminatory treatment.

How long must I keep the signed release?

Retain the signed release for the active hiring process and at least three years afterward; healthcare-related records may require six years per 45 CFR §164.530(j).

Who can lawfully receive the criminal history report?

Only authorized personnel and the screening vendor named in the release should receive reports; disclosures must be limited and documented for compliance and privacy.

Is notarization ever required?

Notarization is typically not required for criminal history releases, but state or employer policies may demand it in limited contexts; confirm local rules before requiring notarization.

What are steps after an adverse finding?

Follow FCRA pre-adverse action steps: provide a copy of the report and Summary of Rights, allow reasonable response time, then issue a final adverse action notice with CRA details if proceeding.

Electronic Signature
Templates
HR
Employment Criminal History Release

Employment Criminal History Release

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

Employment Criminal History Release

Personal Information

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

Date of birth:

Social Security Number Current address

Phone

Email

Position Information

Position applied for / job title Department

Anticipated start date (if hired):

Reporting manager (if known)

Employment History (Most Recent 2 Employers)

Employer 1

Company name and address Job title

Dates employed: From to

Brief description of duties Reason for leaving

Employer 2

Company name and address Job title

Dates employed: From to

Brief description of duties Reason for leaving

Education

Highest degree or credential Institution

Graduation date:

Professional References

Reference 1 — Name, phone, email, relationship Reference 2 — Name, phone, email, relationship Reference 3 — Name, phone, email, relationship

Legal Disclosures

At-Will Employment: I understand that, if employed, the employment relationship is at-will, which means either I or the employer may terminate employment at any time, with or without cause or advance notice, unless a written agreement states otherwise and is signed by an authorized representative of the employer.

Equal Opportunity: The employer is an equal opportunity employer. Selection decisions are made on the basis of qualifications, merit and business need. No consideration will be given to protected characteristics.

Authorization to Obtain Criminal History

I authorize the employer, its agents, contractors and representatives to obtain criminal history records and related information about me for the purpose of evaluating my suitability for employment and for continued employment. This authorization includes, but is not limited to, records from courts, law enforcement agencies, correctional departments, state and national criminal record repositories, and any other criminal justice agencies.

I also authorize all prior employers, educational institutions, licensing agencies, and personal references to release to the employer any information regarding my employment, education, licensing status, and criminal history as requested. I release and hold harmless the employer and any individual or organization that provides information pursuant to this authorization from liability for claims arising from release of such information.

Consent (select applicable): I consent to a criminal history background check. I consent to fingerprinting if required as part of the criminal background check. I authorize contact with previous employers for purposes of verifying records and conducting background checks.

Applicant Certification and Acknowledgment

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

I understand that a criminal history record may be considered in connection with employment decisions. I further understand that a criminal conviction will not automatically disqualify me; factors such as the nature, date and relevance of the offense to the position will be considered.

Applicant Acknowledgement I certify that all information provided is true and I authorize the disclosures and releases described above.

Additional Information

Have you ever been convicted of a felony? If yes, provide details (date, charge, disposition)

Applicant may request a copy of any criminal history report obtained and may contest inaccurate information by providing documented evidence to the employer within a reasonable period of time.

Applicant Printed Name:

Signature:

Date:

What the Employment Criminal History Release Is

An Employment Criminal History Release is a written authorization that permits an employer or authorized third party to obtain criminal record information about a job applicant or employee. The release typically identifies the scope of records to be searched, names the reporting consumer reporting agency or governmental bodies, and documents the applicant’s consent to retrieval and disclosure of arrest and conviction data. Employers commonly use this form as part of pre-employment screening, post-offer checks, or periodic background rechecks. Many jurisdictions permit electronic signatures under federal and state e-signature laws.

Why this Release Matters for Hiring and Compliance

The form creates a clear record of applicant consent, helps employers meet FCRA requirements for consumer reports, and documents the scope of searches. A properly executed release supports defensible hiring decisions while reducing regulatory and litigation risk when background checks are required.

Who Typically Completes or Receives This Release

Organizations and individuals involved in hiring, background screening, and compliance use this release to obtain criminal history records.

Human resources and talent acquisition teams responsible for pre-employment screening and hiring decisions.
Background screening firms and consumer reporting agencies that gather county, state, and national criminal history data.
Job applicants and employees who must provide written consent before a consumer report is requested.

The form clarifies responsibility for ordering checks and preserves a record of consent and disclosure for audit or legal review.

Core Elements Included in a Professional Release

A complete Employment Criminal History Release combines identification, scope language, consent statements, disclosure language, signature blocks, and data protection notices to satisfy legal and operational requirements.

Identity

Full legal name, aliases, date of birth, and other identifiers are included so searches target the correct individual and reduce false matches during county and state record retrieval.

Scope

Clear description of which records will be searched — for example, state criminal databases, county courthouse records, sex offender registries, and national databases — to define the employer’s investigative reach.

Consent

A plain-language consent clause stating the applicant agrees to the background check, authorizes release of records, and acknowledges any consumer-reporting agency involvement required by the Fair Credit Reporting Act.

Adverse Action Notice

Language describing pre-adverse action steps and the applicant’s right to receive a copy of the report and Summary of Rights under the FCRA before a final adverse employment decision is made.

Signature Block

A dated signature block for the applicant that supports handwritten or electronic signatures, includes printed name, and a checkbox confirming receipt of required disclosures.

Retention & Privacy

Statements about how long records will be retained, who will have access, and any applicable state-specific privacy protections or limitations on use of certain records.

Step-by-Step: Completing the Release

Follow these steps to prepare, obtain consent, and document background-check authorization correctly.

01

Prepare Form: Confirm company name, data recipient, and search scope are accurate.
02

Provide Required Notices: Give FCRA summary and consumer disclosure before requesting the report.
03

Obtain Signature: Collect dated signature (physical or electronic) and record method of consent.
04

Order Background Check: Send the release to the consumer reporting agency or vendor and document the transmission.

How to Configure an Online Release Workflow

When using an e-signature platform, configure fields and routing so notices, signatures, and audit data are captured automatically.

Field	Configuration
Signature Field	Require signed name and date; enable mobile signing.
Disclosure Checkbox	Add required FCRA disclosure checkbox and timestamp.
Routing	Route signed copy to HR, legal, and the screening vendor automatically.
Audit Trail	Enable full audit trail capture (IP, timestamp, device) for compliance.

Digital Signing and Delivery Considerations

Choose a platform that supports secure electronic signatures, audit trails, and the file formats you use for recordkeeping.

File Formats: PDF, DOCX accepted for archiving and vendor uploads.
Authentication: Email link, SMS code, or multi-factor options reduce signer fraud.
Integrations: Connectors to HRIS and screening vendors automate order placement.

Where to Send or File the Signed Release

A signed release should be retained in HR records and transmitted to authorized screening partners according to company policy and regulatory rules.

Internal HR Files: Store signed release in the employee file for retention and audit.
Background Vendor: Provide the vendor the signed release when ordering criminal searches.
Legal / Compliance: Send a copy to legal when adverse action is anticipated.
Applicant Copy: Provide the applicant a copy of the signed release and any required disclosures.

Typical Timelines for Background Checks and Notices

Turnaround and notice timing vary by search type and jurisdiction; plan hiring steps accordingly to avoid unnecessary delays or FCRA missteps.

CRA Report Turnaround:

National database checks often return in 24–72 hours; county courthouse searches can take 3–10 business days.

Pre-Adverse Action:

Provide the applicant a copy of the report and Summary of Rights before taking adverse action; allow reasonable time to respond.

Adverse Action Notice:

Issue a final adverse action notice after the decision, including notification details and CRA contact information.

Retention Start Date:

Retention periods typically begin from the date the release or report was created or the hiring decision was made.

Record Production:

Be prepared to produce signed releases during regulatory audits or litigation without undue delay.

Common Preparation Mistakes to Avoid

Using an ambiguous scope that omits county-level searches and yields incomplete results.
Failing to obtain a dated signature or to record the method of electronic consent.
Not providing the FCRA Summary of Rights before ordering a consumer report.
Retaining reports indefinitely without a documented retention schedule or secure storage controls.

Legal Risks and Potential Penalties

FCRA Liability: Civil liability for willful or negligent violations (15 U.S.C. §1681 et seq.).

State Penalties: State consumer protection statutes may impose fines and private remedies.

Employment Litigation: Improper use of criminal records can trigger discrimination or wrongful termination claims.

Data Breach Exposure: Inadequate storage or sharing of reports increases breach notification obligations.

Adverse Action Errors: Failing to follow pre-adverse or adverse action steps weakens defense against claims.

Reputational Harm: Mishandled background checks can damage public trust and employer brand.

eSignature Vendor Pricing Snapshot for Employment Releases

Comparison of representative starting prices and feature availability across common vendors. signNow appears first per platform naming conventions; check vendor sites for plan details and trial offers.

	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	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About the Employment Criminal History Release

Answers to common questions about consent, e-signatures, retention, and handling of adverse-action situations arising from criminal-history reports.

Need help? Contact support

Can the release be signed electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; ensure the platform records intent, attribution, consent, and retention to satisfy legal tests.
What if an applicant refuses to sign?
If the applicant refuses, an employer generally cannot obtain a consumer report; document the refusal and follow internal hiring policies while avoiding discriminatory treatment.
How long must I keep the signed release?
Retain the signed release for the active hiring process and at least three years afterward; healthcare-related records may require six years per 45 CFR §164.530(j).
Who can lawfully receive the criminal history report?
Only authorized personnel and the screening vendor named in the release should receive reports; disclosures must be limited and documented for compliance and privacy.
Is notarization ever required?
Notarization is typically not required for criminal history releases, but state or employer policies may demand it in limited contexts; confirm local rules before requiring notarization.
What are steps after an adverse finding?
Follow FCRA pre-adverse action steps: provide a copy of the report and Summary of Rights, allow reasonable response time, then issue a final adverse action notice with CRA details if proceeding.

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