Recruiting template

Background Check Consent Form Template

A background check consent form tells a candidate that you will run a background check and records their permission for it. In the US, the Fair Credit Reporting Act (FCRA) requires a written disclosure on its own document and the candidate's written authorisation before you get a report from a screening company. Use the versions below as a starting point and have them checked before you use them.

Background Check Consent Form Template

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Note

Background checks are regulated: in the US by the Fair Credit Reporting Act plus state and city laws, and elsewhere by data protection and employment law. Have these forms checked by a lawyer before you use them. This template is not legal advice.

FCRA disclosure (US)

When to use it: The stand-alone disclosure a US employer gives before getting a background report from a screening company; keep it on its own page with nothing else added.

DISCLOSURE REGARDING BACKGROUND INVESTIGATION [Company name] may obtain information about you from a consumer reporting agency for employment purposes. As a result, you may be the subject of a consumer report, and an investigative consumer report, which may include information about your character, general reputation, personal characteristics and mode of living. The report may include [Checks included]. It may be obtained at any time after you receive this disclosure and, if you are hired, during your employment. The consumer reporting agency that will prepare the report is: [Screening company] [Screening company contact details] You have the right, on written request made within a reasonable time, to a complete and accurate disclosure of the nature and scope of any investigative consumer report. A summary of your rights under the Fair Credit Reporting Act is attached.

Background check authorisation and release form (US)

When to use it: The candidate's signed permission for the check, given with the disclosure above; collect only what the screening company needs to identify the candidate.

AUTHORIZATION FOR BACKGROUND CHECK I, [Candidate name], have received the separate disclosure from [Company name] regarding background investigations and the summary of my rights under the Fair Credit Reporting Act. I authorize [Company name] to obtain a consumer report and/or an investigative consumer report about me from [Screening company] for employment purposes, in connection with my application for the position of [Job title] and, if I am hired, during my employment. I authorize the release of the information needed for the report, including [Checks included], by the people and organisations who hold it. Information needed to identify you: Full legal name: ____________________ Other names used: ____________________ Current address: ____________________ Previous addresses: ____________________ Date of birth (used only to identify records): ____________ Email: ____________________ Phone: ____________________ [ ] California, Minnesota or Oklahoma applicants: tick this box to receive a free copy of any consumer report obtained on you. Signed: ____________________ Date: ____________ [Candidate name]

Investigative consumer report disclosure (US)

When to use it: The extra written notice the FCRA requires when the report involves interviews with people who know the candidate, sent within three days of requesting it.

NOTICE OF INVESTIGATIVE CONSUMER REPORT Dear [Candidate name], In connection with your application for the position of [Job title], [Company name] requested an investigative consumer report about you on [Date the report was requested]. An investigative consumer report includes information about your character, general reputation, personal characteristics or mode of living, obtained through personal interviews. This report will cover [What the investigation covers]. The report is being prepared by: [Screening company] [Screening company contact details] You have the right to ask, in writing, for a complete and accurate disclosure of the nature and scope of the investigation. If you ask, we will send it to you in writing within five days of receiving your request. A summary of your rights under the Fair Credit Reporting Act is enclosed. To make a request, or if you have any questions, email [Your email]. [Your name] [Your job title], [Company name]

Email asking the candidate to complete the forms

When to use it: Sent with the forms attached, usually after a conditional offer, so the candidate knows what to expect and when to return them.

SubjectNext step for your [Job title] offer: background check forms

Hi [Candidate name], Congratulations again on your offer for the [Job title] role. As we discussed, the offer is conditional on a background check, and I've attached the forms for it. The check will cover [Checks included]. It will be carried out by [Screening company], who may contact you directly if they need anything else. Please read the disclosure, then sign and return the consent form by [Return the form by]. The check can't start until we have it. If the check raises anything, we'll talk to you before we make any decision, and you'll have the chance to explain or correct it. If you have questions about the forms or the checks, reply to this email. Best wishes, [Your name] [Your job title], [Company name]

How to use this template

  • 1Decide which checks the role needs and when you will run them. Some US states and cities restrict when you can ask about criminal history; California, for example, generally bars it until after a conditional offer.
  • 2In the US, give the FCRA disclosure as its own document, with no liability waiver, application questions or other text added, and get the signed authorisation before the screening company starts. Attach the FCRA summary of rights the screening company gives you.
  • 3If the check includes interviews with references or former employers, send the investigative consumer report notice within three days of requesting the report.
  • 4If the candidate asks in writing for the nature and scope of an investigative report, send them a written answer within five days of receiving the request.
  • 5Outside the US, use the background verification notice and consent form, and make sure it matches your privacy notice and the data protection law where you hire.
  • 6In the UK, criminal record checks go through the DBS (Disclosure Scotland in Scotland, AccessNI in Northern Ireland), which has its own application process.
  • 7If a result may lead you to withdraw the offer, follow the adverse action steps that apply: in the US, send a copy of the report and the summary of rights first, give the candidate time to respond, then send the adverse action notice.

Mistakes to avoid

  • Putting the FCRA disclosure inside the job application or adding a liability waiver to it. The disclosure must stand on its own.
  • Starting the check before the signed form comes back.
  • Collecting more personal data than the screening company needs, or keeping the results longer than your policy says.
  • Checking criminal history earlier than local fair chance laws allow.
  • Withdrawing an offer on the strength of a report without first giving the candidate a copy and a chance to respond.

Questions

What is a background check authorisation form?

It is the form a candidate signs to give an employer permission to get a background report about them. In the US, the FCRA requires written authorisation before an employer gets a report from a consumer reporting agency for employment purposes.

What is an FCRA disclosure form?

It is the written notice telling a US candidate that the employer may get a consumer report about them for employment purposes. The FCRA requires it to be clear and conspicuous and in a document that consists solely of the disclosure.

Can the disclosure and the authorisation be on the same form?

Yes. The FCRA allows the authorisation to appear on the disclosure document. Anything else, such as a liability waiver or application questions, should be kept off it.

Is a background check release form the same as a consent form?

In practice, yes. Employers use "release form", "consent form" and "authorisation form" for the document the candidate signs to allow the check and the release of their records.

Do I need consent for a background check outside the US?

Data protection and employment law decide this, and they differ by country. In India, the DPDP Act 2023's notice and consent obligations are currently due to apply from May 2027 under the DPDP Rules 2025, though the government has proposed bringing this forward. The Act also allows some processing for employment purposes without consent. Check the current position where you hire before you rely on any form.

What happens if the background check finds a problem?

In the US, before you take adverse action based on the report, the FCRA requires you to give the candidate a copy of the report and a summary of their rights. After the decision, you send an adverse action notice. State and city laws may add steps.

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