Can the addendum be e-signed?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signer intends to sign, consents to electronic records, the signature is attributable, and the record can be retained and reproduced.

When does the addendum need notarization?

Notarization depends on state law and the transaction. Most states require notarization for deeds or where state law expressly requires it; employment or lease addenda rarely require notarization unless a self‑proving affidavit or local rule applies. Remote online notarization may be accepted where permitted.

What if a disclosure is incorrect or incomplete?

Correct errors immediately in writing and provide amended disclosure signed and dated. For background screenings, notify the screening provider to correct matching errors. Failure to correct inaccuracies can affect eligibility and increase liability for both parties.

Who is authorized to sign?

An individual named in the agreement or an authorized corporate officer may sign. For minors, a parent or guardian signs. If a power of attorney is used, attach the POA document. Signer identity must be verifiable for background checks.

How long must records be kept?

Retention follows the underlying agreement and applicable law: retain addendum with contract during active term and at least three years after termination; healthcare records follow HIPAA six‑year rules and tax‑related items follow IRS retention periods where applicable.

Can a signer withdraw consent later?

Yes, a signer can withdraw consent to electronic records where permitted, but withdrawal may not undo prior lawful actions taken. The addendum should describe withdrawal procedures and effects. For consumer‑facing records, ESIGN requires clear consent and withdrawal instructions.

Electronic Signature
Templates
Miscellaneous
Legal Criminal Addendum

Legal Criminal Addendum

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

Legal Criminal Addendum

This Legal Criminal Addendum (the "Addendum") is made effective as of by and between:

Company Name: Company Address: Contractor / Individual Name: Contractor Address:

Recitals

WHEREAS, the parties entered into an original agreement titled dated (the "Original Agreement"); and

WHEREAS, the parties wish to amend and supplement the Original Agreement to address criminal background screening, disclosure obligations, confidentiality of criminal records, and related remedies as set forth in this Addendum.

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Scope of Work

Specific Addendum Scope (describe obligations related to criminal-record matters):

Criminal Background Screening and Disclosure

1. Background Checks. Company requires that Contractor submit to criminal background screening in accordance with this Addendum. Contractor hereby provides written consent to such screening and authorizes Company or its designated agent to obtain criminal history information. Consent:

2. Scope and Frequency. Screening shall include national and state criminal database checks and may include fingerprinting where required by law. Screening frequency shall be:

3. Disclosure Requirement. Contractor represents and warrants that, as of the effective date of this Addendum, Contractor has disclosed all arrests, charges, convictions, pleas, deferred adjudications, or similar dispositions that are required to be disclosed under the Original Agreement or applicable law. Has Contractor disclosed such matters? Yes: No:

If Yes, provide details of disclosure (dates, jurisdiction, disposition):

4. Certification. Contractor certifies that failure to disclose material criminal history, or providing materially false information, constitutes a material breach of the Original Agreement and this Addendum and entitles Company to immediate termination and any available remedies, including injunctive relief and recovery of damages.

Payment Terms

Company will reimburse Contractor for costs of background screening only if pre-approved in writing. Reimbursement amount (if applicable): . Payment schedule:

Late payment charge: . Contractor acknowledges that any amounts due under this Addendum that remain unpaid beyond thirty (30) days may accrue interest and collection costs.

Term and Termination

This Addendum shall commence on Start Date: and shall remain in effect until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Addendum for convenience upon written notice to the other party delivered not less than days prior to the effective date of termination. Company may terminate immediately for cause upon material breach, including but not limited to failure to disclose material criminal history or refusal to submit to required screening.

Confidentiality of Criminal Records

Criminal history information obtained under this Addendum is confidential and shall be used solely for the purposes permitted by the Original Agreement and applicable law. Parties shall implement reasonable administrative, technical, and physical safeguards to protect such information from unauthorized access, use or disclosure.

Retention and destruction: Criminal records and screening reports shall be retained only for the period required by law or for the period necessary to effect the purpose of the screening, whichever is shorter, and shall thereafter be securely destroyed. Retention period (if specified):

Indemnification and Remedies

Contractor shall indemnify, defend, and hold harmless Company and its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Contractor's breach of the representations, warranties or obligations set forth in this Addendum, including any unauthorized disclosure of criminal history information or material misrepresentations in disclosure.

Governing Law

This Addendum shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles.

Entire Agreement

This Addendum constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral, relating to criminal background screening and disclosure. Except as expressly modified by this Addendum, all terms and conditions of the Original Agreement remain in full force and effect. In the event of any conflict between the Original Agreement and this Addendum, the terms of this Addendum shall control.

Additional Provisions

Severability: If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Waiver: No waiver of any breach of this Addendum shall be deemed a waiver of any subsequent breach.

Company Printed Name:

By (Signature):

Date:

Title/Capacity:

Contractor Printed Name:

By (Signature):

Date:

Title/Capacity (if applicable):

What the Legal Criminal Addendum Is

A Legal Criminal Addendum is a supplemental document attached to contracts, leases, employment applications, or volunteer agreements that records a party's criminal history disclosures, consent to background checks, and any restrictions or remediation terms. It identifies the scope of permitted inquiries, required disclosures, timing, and how convictions affect eligibility or ongoing obligations. The addendum typically includes fields for conviction details, dates, jurisdiction, and certifications, plus signature, notarization, and retention instructions. It clarifies permitted uses under federal and state law and documents consent, making decision criteria transparent for both parties.

Why an Addendum Matters for Screening and Compliance

A Legal Criminal Addendum documents criminal disclosures and consent clearly, reduces disputes, and creates a consistent screening record. It helps organizations meet legal obligations, supports fair decision-making, and provides an auditable record for compliance with ESIGN, UETA, and applicable state rules.

Who Typically Completes or Requests the Addendum

Common users who complete or request a Legal Criminal Addendum include employers, landlords, volunteer organizations, and contracting parties.

Employers performing background checks during hiring and periodic review processes.
Landlords screening tenancy applicants for safety and policy compliance purposes.
Volunteer organizations and contractors verifying suitability for roles with access to vulnerable populations.

Use these profiles to decide which fields, disclosures, and supporting documents are required for each context.

Key Signer and Requester Profiles

Hiring Manager

Hiring managers review disclosures to assess job-related risks, ensure compliance with federal and state fair‑chance laws, and make individualized assessment decisions. They must document how criminal history affects hiring decisions and retain records consistent with privacy and retention policies.

Property Manager

Property managers use the addendum to evaluate applicant suitability under screening policies, document decision criteria, and defend tenancy decisions. They should apply state tenant screening rules uniformly and record any exceptions or conditional leases tied to rehabilitation or monitoring requirements.

Stepwise Process to Complete the Addendum

Step-by-step sequence to complete and attach the Legal Criminal Addendum to a primary agreement, including review and signature steps.

01

Prepare Document: Confirm the base agreement and addendum are linked.
02

Complete Fields: Enter all required data and initial required sections.
03

Verify Identity: Provide ID, consent, and any required notarization.
04

Attach and Retain: Append to main contract and store per retention policy.

How the Electronic Workflow Typically Operates

Typical workflow for preparing, signing, and attaching the Legal Criminal Addendum to a primary agreement, including optional notarization and e‑submission.

Upload Base Agreement: Attach the primary contract file to the workspace.
Add Fields: Insert disclosure and signature fields.
Send to Signer: Email or link with authentication.
Finalize and Store: Complete audit trail and archive securely.

Essential Sections to Include in a Professional Addendum

Key sections that a professional Legal Criminal Addendum should include to ensure completeness, clarity, and enforceability across jurisdictions and use cases.

Disclosure Clause

Require the signer to disclose convictions, pending charges, and diversion or expungement status; specify the timeframe for disclosures and exceptions for sealed or juvenile records to avoid improper consideration.

Consent

Provide explicit consent for background checks and authorization to obtain criminal history from courts, law enforcement, and consumer reporting agencies; include ESIGN consumer disclosure for electronic acceptance and withdrawal instructions.

Definitions

Define terms such as conviction, pending charge, dismissal, and sealed record with jurisdictional notes to prevent misinterpretation and support consistent background check matching and adjudication.

Decision Criteria

Outline how offense type, recency, conviction severity, and role-related risk influence decisions, and require individualized assessment to comply with state and federal fair‑chance or ban‑the‑box requirements.

Signature & Notary

Include signature blocks for all parties, date fields, and explicit notarization instructions; offer guidance for in‑person or remote online notarization where state law permits and requires retention of audio‑visual records.

Retention & Revocation

Set document retention aligned with contract lifecycle and regulatory rules, state how to update disclosures, and provide steps for revoking consent or correcting information to maintain accurate screening records.

Online Workflow Settings to Apply

Suggested online workflow settings for completing, signing, and storing the Legal Criminal Addendum with proper authentication and retention controls.

Field	Configuration
Authentication	Email link; optional SMS code or KBA for high assurance
Notary Options	In-person or RON where state permits; retain journal entries
Conditional Fields	Show conviction fields only when disclosure box checked
Storage	Secure encrypted storage with versioning and access logging

Delivery Channels and Technical Considerations

Use these distribution and technical options when sending the Legal Criminal Addendum for signature or notarization.

Delivery Methods: Email, secure link, and API integrations
File Formats: PDF, DOCX, or HTML
Integrations: Salesforce, NetSuite, Google Workspace

Timelines and Typical Processing Windows

Key timelines for completing, returning, and processing the Legal Criminal Addendum, including screening and notarization expectations.

Request Timing:

Provide on application or at offer stage

Signer Return Deadline:

Return signed addendum before employment or occupancy start date

Background Check Window:

Typical report delivered within three to seven business days

Notary/ RON Retention:

Audio‑visual recordings retained according to state rules

Record Access Timeline:

Provide corrected records promptly upon verified request

eSignature Pricing and Feature Snapshot

Pricing and feature comparison for eSignature plans commonly used to sign a Legal Criminal Addendum; signNow appears first by design.

	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, no credit card required	Varies by vendor and plan	Varies by vendor and plan	Varies by vendor and plan	Varies by vendor and plan
Bulk Send	Available on premium tiers	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Real-World Examples of Use

Real-world examples show how organizations use a Legal Criminal Addendum with digital signing and background checks.

Optica Ventures

Optica Ventures used a criminal addendum with online signing to standardize tenant screening across properties and reduce manual follow-up.

Resulted in 30% faster applicant processing.
The team documented disclosures consistently, reduced verification time, and preserved auditable records for dispute resolution. They used secure storage and clear consent language to comply with tenant screening rules and streamlined communication with applicants.

Martin Properties

Martin Properties integrated the addendum into lease workflows to capture criminal disclosures electronically for on-site and remote applicants.

Improved compliance and signing speed.
They combined eSign, identity verification, and optional notarization to maintain enforceable records while reducing in-person requirements; audits became simpler due to consistent documentation and signed consent.

Practical Tips to Reduce Errors and Risk

Best practices to improve accuracy, compliance, and defensibility when using a Legal Criminal Addendum in agreements and screening workflows.

Use clear consent language

Include explicit consent for criminal background checks, state the reporting sources, and provide an ESIGN consumer disclosure for electronic signatures. Explain how data will be used, stored, and how to correct or retract information.

Limit scope to job relevance

Define which offenses are disqualifying based on role relevance, recency, and severity. Avoid blanket exclusions; document individualized assessments to comply with EEOC guidance and state fair‑chance laws where applicable.

Verify identity consistently

Require government‑issued ID, match full legal names and dates of birth, and use multi-factor authentication or identity proofing for remote signers. Consistent verification reduces mismatches and legal exposure.

Document updates and corrections

Provide a clear process for submitting corrected disclosures, amending records, and communicating changes to decision-makers. Maintain versioned copies to support audits and defend against discrimination claims.

Security and Compliance Controls to Consider

Encryption: TLS 1.2/1.3 and AES-256 at rest

Access Controls: Role-based access, SSO and MFA

Audit Trail: Detailed timestamps, IP, and action log

HIPAA BAA: BAA available for covered entities

Retention Security: Tamper-evident storage, versioning

Certifications: SOC 2 Type II, ISO 27001

Key Legal Risks and Consequences

False Statements: Perjury risk; civil liability

Failure to Disclose: Contractual breach, termination risk

Privacy Violations: HIPAA/FERPA exposure where applicable

Discrimination Claims: Violations of EEOC or state laws

Notarization Errors: Invalid signature, enforceability issues

Record Retention: Penalties for improper disposal

Common Preparation Pitfalls

Incomplete case details make background matches ambiguous and increase time spent verifying records, often leading to delays or erroneous eligibility determinations.
Using nicknames, initials, or inconsistent date formats causes identity mismatches with criminal databases and may trigger additional manual checks.
Skipping consent language or failing to provide ESIGN disclosure for consumer-facing processes can render electronic consent invalid.
Misapplying state-specific restrictions or not consulting local laws for sealing and expungement can lead to improper consideration of sealed records.

Frequently Asked Questions and Troubleshooting

Answers to frequent questions about completing, validating, and submitting the Legal Criminal Addendum, including e‑signing and notarization options.

Need help? Contact support

Can the addendum be e-signed?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signer intends to sign, consents to electronic records, the signature is attributable, and the record can be retained and reproduced.
When does the addendum need notarization?
Notarization depends on state law and the transaction. Most states require notarization for deeds or where state law expressly requires it; employment or lease addenda rarely require notarization unless a self‑proving affidavit or local rule applies. Remote online notarization may be accepted where permitted.
What if a disclosure is incorrect or incomplete?
Correct errors immediately in writing and provide amended disclosure signed and dated. For background screenings, notify the screening provider to correct matching errors. Failure to correct inaccuracies can affect eligibility and increase liability for both parties.
Who is authorized to sign?
An individual named in the agreement or an authorized corporate officer may sign. For minors, a parent or guardian signs. If a power of attorney is used, attach the POA document. Signer identity must be verifiable for background checks.
How long must records be kept?
Retention follows the underlying agreement and applicable law: retain addendum with contract during active term and at least three years after termination; healthcare records follow HIPAA six‑year rules and tax‑related items follow IRS retention periods where applicable.
Can a signer withdraw consent later?
Yes, a signer can withdraw consent to electronic records where permitted, but withdrawal may not undo prior lawful actions taken. The addendum should describe withdrawal procedures and effects. For consumer‑facing records, ESIGN requires clear consent and withdrawal instructions.

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