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Employment Criminal Record Check

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Employment Criminal Record Check Authorization and Agreement

WHEREAS

WHEREAS Employer Name: seeks to obtain and evaluate criminal history information as part of pre-employment screening and ongoing employment suitability determinations;

WHEREAS Applicant Name: desires to be considered for employment and is willing to provide authorization to the Employer and its authorized agents to obtain criminal records as permitted by law;

NOW, THEREFORE, in consideration of the Employer's evaluation of the Applicant's suitability for employment, the parties agree as follows.

Parties and Contact Information

Identification

Date of Birth:    Driver's License No.:    Issuing State:

Last 4 digits of Social Security Number:

Scope of Work — Background Check Services

The Employer (or its authorized agent) may obtain criminal history information, including but not limited to national and state criminal databases, state and local court records, sex offender registry checks, and law enforcement records. The scope, jurisdictions searched, and methods used shall be described below.

Authorization and Consent

I, the undersigned Applicant, authorize the Employer and its designated agents to obtain criminal history information about me for the purpose of evaluating my application for employment and, if applicable, continued employment. I understand that this authorization includes inquiries of public and private records and databases and may include fingerprint-based checks where required.

I consent to criminal history checks and related verifications.    Fingerprinting as required for jurisdictions checked.

I understand that a criminal conviction will not automatically disqualify me from employment; the Employer will consider the nature, severity and recency of any conduct, and whether it bears a demonstrable relationship to the duties and responsibilities of the position sought.

Payment Terms

Fee for background check services: USD.

If the Applicant is responsible for payment and fails to remit the required fees when due, the Employer may delay processing of the background check until payment is received. Late payments may accrue the late fee stated above.

Term and Termination

Authorization Effective Date:    Authorization Expiration Date:

Either party may terminate this authorization upon written notice to the other party. Notice period (days): ; termination does not affect the Employer's right to retain previously obtained information as permitted by law.

Confidentiality and Use of Information

All criminal history information obtained pursuant to this Authorization will be maintained confidentially and used solely for legitimate employment purposes. The Employer will store such information in secured files and disseminate it internally only to persons with a demonstrated need to evaluate the Applicant's employment suitability. The Employer will not disclose criminal history information to third parties except as required by law or with the explicit written consent of the Applicant.

Representations, Warranties and Acknowledgements

The Applicant represents and warrants that all information provided in this form is true, correct and complete to the best of the Applicant’s knowledge. The Applicant acknowledges that any material misrepresentation or omission may constitute grounds for refusing employment or for termination if employed.

Governing Law

This Agreement and the Applicant's authorization shall be governed by and construed in accordance with the laws of the State of: without regard to conflict of law principles.

Entire Agreement

This document constitutes the entire agreement between the Employer and the Applicant with respect to the subject matter herein and supersedes all prior agreements, understandings and representations, whether oral or written. Any amendment must be in writing and signed by both parties.

Acknowledgement and Certification

By signing below, the Applicant certifies under penalty of perjury that the information provided is true and complete, and expressly authorizes the Employer and its designated agents to obtain criminal history information as described above. Applicant further acknowledges receipt of any separate disclosure required by law and understands the Employer's procedures for notification and dispute of adverse results.

Employer Printed Name:

By:

Date:

Applicant Printed Name:

By:

Date:

Enter text✕

What an Employment Criminal Record Check Covers

An Employment Criminal Record Check is a standardized request and report used by employers to verify an applicant’s criminal history as part of pre-employment screening. It typically aggregates public records, court dispositions, and arrest information from local, state, and federal databases and may include national database searches and county-level criminal records. Employers must follow the Fair Credit Reporting Act (FCRA) when using consumer-reporting agencies and comply with state ‘ban-the-box’ or conviction-history rules that limit when and how inquiries may be made.

Why this check matters for hiring decisions

Conducting a criminal record check helps employers assess candidate suitability for roles with safety, security, or regulatory sensitivity while managing workplace risk and legal compliance.

Why this check matters for hiring decisions

Who commonly orders and completes these checks

The process often involves a consumer reporting agency (CRA) when checks are used for adverse employment actions, which triggers FCRA notice and adverse-action steps.

  • Human resources teams screening applicants for safety- or finance-sensitive roles.
  • Staffing and recruiting agencies performing pre-placement verification.
  • Compliance officers verifying records for regulated roles (Healthcare, Transportation).

Step-by-step: ordering and processing a criminal record check

Follow these four core steps to complete a compliant background check from request to final decision.

  • 01
    Prepare consent: Provide a clear FCRA-compliant disclosure and obtain written authorization.
  • 02
    Submit request: Enter applicant details and define geographic search scope for the CRA.
  • 03
    Review report: Verify matching identifiers and contextualize convictions vs. arrests.
  • 04
    Adverse action: If taking adverse action, follow FCRA pre-adverse and adverse-action notice steps.

Typical workflow from request to final report

This sequence describes how a completed request becomes a usable report for hiring decisions.

  • Request creation: Requester enters fields and selects search jurisdictions.
  • CRA processing: Consumer reporting agency runs county/state/national searches.
  • Quality review: CRA resolves ambiguous matches and verifies dispositions.
  • Report delivery: Employer receives report plus summary and supporting documents.

How to configure an online screening workflow

Match the screening configuration to role risk and legal requirements when setting up an online background-check workflow.

Field Configuration
Disclosure Text FCRA-compliant language and applicant signature field
Authentication Email or SMS verification for applicant identity
Search Scope County-level, statewide, national, or combination
Report Retention Set secure retention per company policy and legal requirements

Technical options for eSubmission and eSignature

Ensure the provider supports HIPAA/21 CFR compliance where regulated data is involved and retains secure audit records for dispute resolution.

  • File formats: PDF and DOCX accepted; preserve original file integrity.
  • Authentication: Email link, SMS codes, or stronger methods per sensitivity.
  • Integrations: Connectors for HRIS, ATS, and CRAs streamline workflows.

Essential elements of a professional criminal record check

A complete check combines identification accuracy, jurisdictional coverage, verified dispositions, vendor quality controls, legal notices, and secure recordkeeping.

Identity Matching

Use multiple identifiers (name, DOB, SSN) to reduce false positives and confirm record relevance.

Jurisdiction Coverage

Search county courthouses and state repositories in addition to national databases for thorough results.

Disposition Verification

Confirm final disposition (conviction, dismissal) rather than relying on arrest alone for decision-making.

FCRA Compliance

Use a CRA for reports used in employment decisions and follow pre-adverse/adverse steps.

Data Security

Protect PII with encryption, access controls, and limited retention policies.

Audit Trail

Log who ordered, who accessed, and actions taken to support dispute resolution.

Key data protections for screening records

Encryption: TLS 1.2/1.3 in transit
Data at rest: AES-256 encrypted storage
Access controls: Role-based access only
Audit logs: Immutable event history
HIPAA readiness: BAA available when required
Authentication: Multi-factor options supported

Common errors to avoid when preparing checks

  • Submitting incomplete identifiers that produce false matches or missed records.
  • Searching too narrow a geography and missing county-level dispositions.
  • Failing to obtain written FCRA authorization before ordering a consumer report.
  • Using records without verifying final disposition, leading to unfair adverse actions.

Consequences and legal risks of improper screening

FCRA noncompliance: Civil liability, statutory damages possible
I-9 violations: Penalties $281–$2,789 per violation (8 CFR §274a.2)
Discrimination risk: EEOC claims for disparate impact
Data breach: State breach notification obligations
Incorrect adverse action: Obligation to rescind and reinstate
Record retention failures: Regulatory sanctions or evidentiary loss

Timing and deadlines to keep in mind

Certain steps and notices have strict timing requirements that affect compliance and applicant rights.

FCRA disclosure:

Provide written disclosure and obtain authorization before ordering a report

Pre-adverse notice:

Provide a copy of the report and summary of rights before adverse action

Adverse-action notice:

Issue a final notice after decision with CRA contact information

Retention window:

Retain consents and reports per company policy and legal minimums

Dispute response:

CRA has 30 days to investigate most consumer disputes

Practical examples of how checks are used

These scenarios illustrate typical employer workflows and practical outcomes when checks are handled correctly.

Mid-size Healthcare Employer

A hospital screens all new clinical hires with state registry and county felony checks

  • Results flagged an old conviction unrelated to patient care
  • Employer followed exclusion-list rules and retained documentation to defend the hiring decision.

Staffing Agency

A staffing firm runs county searches for contract placements

  • A mismatch occurred due to name variation
  • Agency used DOB and SSN to verify identity and corrected the report before placement.

Practical tips for accurate, compliant checks

Follow these practices to reduce legal risk and improve match accuracy when ordering criminal record checks.

Clearly document consent
Provide a standalone FCRA disclosure and written authorization; timestamp and retain the signed consent.
Define search scope
Select jurisdictions relevant to applicant history and role; overly narrow searches miss records, overly broad searches raise privacy concerns.
Verify dispositions
Confirm whether records show convictions, dismissals, or sealed records before making adverse decisions.
Standardize adverse action
Maintain templates and approval workflows for pre-adverse and adverse notices to ensure consistent compliance.

Key milestones from request to final decision

Track these stages to ensure timely processing, compliant notices, and defensible hiring decisions.

01

Request Submitted

Employer or vendor files the search with required applicant identifiers.

02

Report Returned

CRA delivers report and supporting documentation to requester.

03

Pre-adverse Review

Employer reviews and, if needed, provides the report to applicant for comment.

04

Final Decision

Adverse-action notice issued or hiring proceeds; record the decision and retain materials.

eSignature vendor pricing and feature snapshot

Basic pricing and core capability indicators to consider when capturing signed disclosures and consents for background checks.

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 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

Frequently asked questions and troubleshooting

Answers to common operational and compliance questions encountered when ordering criminal record checks.


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