Can the consent be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act and UETA when the four-part validity test is met: intent to sign, consent to transact electronically, clear attribution, and reliable record retention.

What disclosures are required before a check?

Employers must provide a clear written disclosure that a consumer report may be obtained and, for adverse action based on a report, follow FCRA procedures including a pre-adverse action notice and a copy of the report.

Is notarization typically required?

Not usually for standard background-consent forms; notarization is only required when specific jurisdictional rules or employer policies mandate it, or for identity-verification enhancements like RON.

How long must the consent be kept?

Retention depends on applicable laws and business needs: follow federal baselines such as IRS three-year rules where relevant, HIPAA six-year rules for health records, and longer state or industry retention requirements.

What if an applicant refuses to sign?

If consent is required for a particular check, refusal typically prevents ordering that report; employers should document the refusal and apply consistent hiring policies to avoid discrimination claims.

How to handle incorrect applicant data?

Correct identity or data errors promptly and coordinate with the reporting agency; keep records of communications and any signed re-consent or verification steps for your audit trail.

Electronic Signature
Templates
HR
Employment Pre-Employment Screening Consent

Employment Pre-Employment Screening Consent

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

EMPLOYMENT PRE-EMPLOYMENT SCREENING CONSENT

Employer: Position applied for:

Personal Information

Full legal name Current address Primary phone Email address Social Security number (required for background checks) Date of birth

Position Information

Department Reporting manager Anticipated start date Proposed compensation Employment type (check all that apply)

Full-time Part-time Temporary Contractor

Pre-Employment Screening Authorization

I understand that as a condition of employment, the Employer may obtain one or more background checks and consumer reports about me that may include, but are not limited to: criminal history, motor vehicle records, education verification, prior employment verification, professional license verification, credit history (where permitted by law), and drug/alcohol screening. I authorize the Employer and its designated agents and representatives to obtain such reports. I further authorize any person, school, current or former employer, law enforcement agency, licensing authority, or other entity to provide to the Employer any information regarding me that is relevant to these screenings.

Select the types of screening you authorize (check all that apply):

Criminal background check
Motor vehicle record check (driving record)
Employment verification
Education verification
Professional license verification
Credit report (only where permitted by law)
Drug and alcohol testing (if required)

Disclosure and Acknowledgment

I acknowledge receipt of this disclosure and understand that a consumer report or investigative consumer report may be obtained for employment purposes. I understand that any information obtained will be considered in connection with my application for employment or continued employment. If adverse action is contemplated based on information obtained in a report, I will be provided a copy of the report and an opportunity to dispute the accuracy of the report before a final decision is made.

I hereby release and agree to hold harmless from liability the Employer, its agents, and any person or entity that provides information in good faith in response to inquiries in connection with this authorization.

Authorization to Release Information

I authorize any prior employer, educational institution, licensing board, law enforcement agency, and other applicable sources to release to the Employer or its agents any records or information, including but not limited to disciplinary records, performance evaluations, attendance records, and reasons for separation. I release those entities from any liability for providing such information.

If applicable, list any other names or aliases used

Applicant Certification and Attestation

I certify that the information I have provided on this form and in any accompanying documents is true, correct, and complete to the best of my knowledge. I understand that any misrepresentation, falsification, or omission of information may result in the withdrawal of an offer of employment or termination of employment if discovered after hire.

By signing below, I expressly authorize the Employer to obtain the screening reports selected above and to use the information derived from such reports for purposes of evaluating my fitness for employment. This authorization will remain valid for the duration of my employment for purposes of periodic rechecks where permitted by law unless revoked by me in writing.

I acknowledge and agree

I certify and authorize as stated above

Criminal History and Disclosure

Have you ever been convicted of a crime? (A conviction does not automatically disqualify candidacy. Convictions may be considered in relation to the position for which you are applying.)

Yes No

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

Employment History (Most Recent First)

Employer 1 - Company name Employer 1 - Job title Employer 1 - Dates employed Employer 1 - Primary responsibilities Employer 1 - Reason for leaving

Employer 2 - Company name Employer 2 - Job title Employer 2 - Dates employed Employer 2 - Primary responsibilities Employer 2 - Reason for leaving

Education

Highest degree obtained Institution Graduation date

References (Professional)

Reference 1 - Name Reference 1 - Relationship / Title Reference 1 - Phone Reference 1 - Email

Reference 2 - Name Reference 2 - Relationship / Title Reference 2 - Phone Reference 2 - Email

Reference 3 - Name Reference 3 - Relationship / Title Reference 3 - Phone Reference 3 - Email

Legal Disclosures

At-Will Employment: I understand that unless otherwise provided in a written agreement signed by an authorized representative of the Employer, any offer of employment may be terminated by either the Employer or me at any time, with or without cause or notice.

Equal Opportunity: The Employer is an equal opportunity employer and considers applicants for employment without regard to race, color, religion, sex, national origin, age, disability, veteran status, or other protected status in accordance with applicable law.

Authorization to Contact Previous Employers

I authorize the Employer and its agents to contact any current or former employers listed above for the purpose of verifying information I have provided and obtaining information regarding my work history, performance, and eligibility for rehire.

I understand that a photocopy, electronic copy, or facsimile of this document shall be as valid as the original.

Applicant Name:

Signature:

Date:

What the Employment Pre-Employment Screening Consent Is

An Employment Pre-Employment Screening Consent is a written authorization that a job applicant or employee signs to permit an employer or third-party vendor to obtain background information. Typical checks include criminal history searches, employment and education verification, motor vehicle records, drug testing, and consumer reports under the Fair Credit Reporting Act. The consent documents the applicant's agreement, confirms required disclosures, and preserves an audit trail for compliance with FCRA, ESIGN, and applicable state privacy laws.

Why a Clear Consent Form Matters for Hiring

A concise, compliant consent protects both employer and applicant by documenting permission, reducing liability exposure, and enabling defensible screening practices under FCRA, applicable state laws, and electronic signature statutes.

Who Typically Completes This Consent

Employers and HR teams prepare and request this consent as part of pre-hire screening workflows.

HR professionals and hiring managers who order background checks and need documented applicant authorization.
Applicants and employees who must provide consent for consumer reports, drug tests, or verification checks.
Third-party background-check vendors that receive signed consent before delivering consumer-report results.

Accurate completion helps satisfy regulatory requirements, preserves evidence of disclosure, and accelerates hiring decisions.

Core Elements of a Professional Screening Consent

A complete consent form balances clarity for the applicant with specific technical elements employers need for compliance and recordkeeping.

Clear Disclosure

Explicitly state that a consumer report or background check will be obtained, name the reporting agency when possible, and describe the types of checks to be performed to meet FCRA disclosure expectations.

Purpose Statement

Describe the employment-related purpose for the check (e.g., hiring, promotion, retention) and whether the results may affect hiring decisions to provide transparent context to the applicant.

Applicant Rights

Inform applicants of their rights to receive a copy of any consumer report, dispute inaccurate information, and provide the process for submitting a dispute or seeking reinvestigation.

Signature & Date

Provide a dated signature block for the applicant; include electronic signature fields that capture intent, attribution, and a timestamp to satisfy ESIGN/UETA validity tests.

Optional Authorizations

Include specific, labeled checkboxes for optional items such as driving-record checks or drug testing so applicants can consent separately to each category if required by state law.

Recordkeeping Note

State how long the consent will be retained, who will have access, and reference the employer’s data privacy policy to align with retention and access controls.

Security, Privacy, and Compliance Details to Include

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256

Audit trail: Timestamps and IP

HIPAA support: BAA available

Regulatory compliance: ESIGN and UETA

Certifications: SOC 2 Type II, ISO 27001

Step-by-Step: Completing the Consent Form

Follow these sequential steps to collect a valid consent for pre-employment screening.

01

Prepare form: Customize disclosure and check types for the role.
02

Provide notice: Give applicant the disclosure before ordering reports.
03

Collect signature: Obtain dated electronic or paper signature.
04

Order report: Send authorization to vendor and request results.

How to Configure an Online Screening Workflow

Common settings when automating consent and report ordering in an e-signature or HRIS platform.

Field	Configuration
Authentication	Email link, SMS code, or stronger KBA
Conditional Fields	Show checkboxes only for applicable checks
Vendor API	Auto-send consent and receive reports via API
Retention Policy	Automate archival per retention schedule

Delivery Channels and Technical Requirements

Choose delivery and authentication methods that match your compliance needs and applicant convenience.

Email Delivery: Low friction; ensure secure links and expiration
In-Person/Kiosk: Useful in hiring events; requires device availability
Remote Notary: Use when notarization is required by policy

Balance convenience with required signer authentication (e.g., SMS, KBA, or ID verification) to reduce fraud and meet vendor requirements.

Typical eSignature Flow for Screening Consent

A standard electronic workflow simplifies delivery, signing, verification, and storage for consent forms.

Upload document: Sender uploads the consent to the e-sign platform.
Place fields: Add signature, date, and checkbox fields.
Send to signer: Generate secure email or link for the applicant.
Capture audit: Platform records timestamp, IP, and actions.

Timing: When Consent Should Be Obtained

Timely consent collection prevents legal exposure and ensures vendors can run checks without delay.

Before ordering reports:

Obtain signed consent prior to requesting any consumer reports.

Advance notice for adverse action:

Allow time to deliver pre-adverse action notice when screening may affect hiring.

Retention checkpoints:

Record consent date to calculate retention and reauthorization timing.

Reauthorization timing:

Re-consent when running materially new checks or after a defined period.

Dispute handling window:

Begin reinvestigation promptly after a consumer disputes report content.

Key Milestones in a Screening Workflow

Milestones track when consent, ordering, results, and adverse actions occur during the hiring cycle.

01

Consent Received

Signed authorization is recorded and retained.

02

Report Ordered

Vendor begins searches and aggregation.

03

Results Delivered

Employer receives and reviews consumer reports.

04

Adverse Action

If used, employer issues required notices.

Common Mistakes to Avoid

Using vague language that fails to disclose the types of checks or the reporting agency can invalidate consent and trigger FCRA disputes.
Collecting an unsigned or undated form, or using inconsistent applicant names, leads to vendor rejections and delays.
Over-collecting unnecessary data increases privacy risk and may violate state laws limiting scope of permissible checks.
Failing to retain the consent and audit trail per retention policy undermines ability to demonstrate compliance in audits or litigation.

Penalties and Legal Risks from Noncompliance

FCRA Liability: Civil liability and statutory damages for improper disclosure or failure to follow adverse action procedures

I-9 Violations: Penalties for improper employment verification or retention errors

State Privacy Fines: Fines or remediation under state consumer privacy laws

Data Breach Costs: Notification and remediation expenses after unauthorized disclosure

Contractual Exposure: Vendor or candidate claims for mishandling sensitive information

Hiring Delays: Operational costs from rejected or delayed background checks

Electronic Signature versus Digital Signature — Key Differences

Understand how general electronic signatures differ from PKI-backed digital signatures and when each is appropriate.

Criteria	Electronic Signature	Digital Signature
Legal Status	valid under esign/ueta	valid under esign/ueta
Technology	varied methods (click, image)	pki certificate-based
Non-repudiation	audit trail dependent	cryptographic proof
Typical Use	general consents and contracts	high-assurance regulated records

Pricing and Feature Comparison of Popular eSignature Vendors

High-level vendor pricing and capability contrasts for e-signing screening consents; signNow is listed first per platform comparison guidance.

	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	Yes, limited	Yes, limited
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 by plan	Varies by plan	Varies by plan

Download, Export, and Archive Options

Consent forms should be saved in durable formats with embedded audit trails and access controls for compliance and discovery.

PDF with Audit

Export as PDF/A with an audit trail attached so signatures, timestamps, and signer metadata are preserved for evidentiary purposes.

DOCX Export

Save editable copies in Word for internal review, but retain a signed PDF for the official record to avoid alteration risks.

Secure Archive

Store signed consents in encrypted cloud storage with role-based access and event logging to meet data security policies.

Bulk Export

Support bulk downloads for audits and legal requests while retaining per-document metadata for chain-of-custody.

How to Update or Amend an Existing Consent

Follow a controlled process when changing consent forms so prior authorizations remain traceable and legally valid.

01

Assess change:

Determine material vs. non-material changes.

02

Draft amendment:

Prepare a concise amendment or new consent.

03

Notify signers:

Inform affected applicants/employees of changes.

04

Collect re-consent:

Obtain new signatures when content materially changes.

05

Archive prior:

Keep previous consents marked as superseded.

06

Update systems:

Reflect changes in vendor and HR systems.

Who May Sign and Authorize the Consent

HR Director

An HR director or designated hiring official is authorized to request checks and set consent templates; they must ensure compliance with FCRA and internal privacy policies and manage vendor relationships.

Candidate

The applicant or employee must sign or electronically accept the consent to allow background checks; their dated signature documents informed authorization and supports vendor processing.

Notarization and Witness Steps When Required

Some organizations or jurisdictions require notarized consent or witnesses; follow these authentication steps where applicable.

01

Determine need

Confirm whether role or state requires notarization or witness.

02

Select method

Choose in-person notarization or Remote Online Notarization.

03

Identity proofing

Use ID analysis, KBA, or multi-factor checks for RON.

04

Audio-video record

Capture and retain A/V session when using RON.

05

Sign in presence

For in-person, signer appears before a notary.

06

Witness attestation

Collect witness signatures when state law requires them.

07

Journal entry

Notary records transaction details in a journal.

08

Store notarized copy

Archive notarized documents per retention rules.

Frequently Asked Questions About Screening Consent

Answers to frequent practical and legal questions employers and applicants raise about consent for pre-employment screening.

Need help? Contact support

Can the consent be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act and UETA when the four-part validity test is met: intent to sign, consent to transact electronically, clear attribution, and reliable record retention.
What disclosures are required before a check?
Employers must provide a clear written disclosure that a consumer report may be obtained and, for adverse action based on a report, follow FCRA procedures including a pre-adverse action notice and a copy of the report.
Is notarization typically required?
Not usually for standard background-consent forms; notarization is only required when specific jurisdictional rules or employer policies mandate it, or for identity-verification enhancements like RON.
How long must the consent be kept?
Retention depends on applicable laws and business needs: follow federal baselines such as IRS three-year rules where relevant, HIPAA six-year rules for health records, and longer state or industry retention requirements.
What if an applicant refuses to sign?
If consent is required for a particular check, refusal typically prevents ordering that report; employers should document the refusal and apply consistent hiring policies to avoid discrimination claims.
How to handle incorrect applicant data?
Correct identity or data errors promptly and coordinate with the reporting agency; keep records of communications and any signed re-consent or verification steps for your audit trail.

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