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.

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Note
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.
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.
Background verification notice and consent (outside the US)
When to use it: Hiring outside the US. In the UK and EU, employers usually rely on a lawful basis other than consent, such as legitimate interests, so use this as a notice and a record of the candidate's agreement, and match it to your privacy notice.
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
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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