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Background Check Consent Form Template
A background check consent and disclosure form template built around FCRA's standalone-disclosure requirement — for review with counsel before use.
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What you get
- A standalone disclosure section separated from any job application, matching FCRA's disclosure requirement
- A separate written authorization section the candidate signs to consent to the check
- The candidate information fields a consumer reporting agency needs to run the check
- A summary-of-rights and adverse-action reminder block for the sections state and federal law require
Template preview
A preview of the structure. Download the PDF or CSV for the complete, ready-to-use version.
This is not legal advice. FCRA and state/local law requirements on background check disclosure, authorization, and timing vary and change — have this form reviewed by employment counsel before use, and re-review it whenever you hire in a new state or city.
Form details
- Company name
- Consumer reporting agency (CRA) used
- Effective date
1. Standalone disclosure
Under the Fair Credit Reporting Act (FCRA), this disclosure must be a clear, conspicuous, standalone document — it cannot be combined with a job application or buried in other paperwork.
[Company name] may obtain a consumer report and/or investigative consumer report about you from [Consumer reporting agency name] for employment purposes. This report may include information about your credit history, criminal history, driving record, education and employment verification, and other background information as permitted by law. This disclosure is being provided to you separately from any employment application.
2. Separate written authorization
FCRA requires the candidate's written authorization in addition to, and separate from, the disclosure above.
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How to use this template
- 1
Review with counsel first
Before using this with any candidate, have employment counsel confirm it meets FCRA requirements and the specific rules of every state and city you hire in.
- 2
Keep it standalone
Present the disclosure and authorization as their own document, separate from the job application and offer letter — do not fold this into a general onboarding packet.
- 3
Time it correctly
Confirm when in your process the check can legally run — many states and cities restrict background checks until after a conditional offer is made ('ban the box' rules).
Frequently asked questions
Can this disclosure be part of the job application?
No. The FCRA requires the disclosure to be a clear and conspicuous standalone document, separate from the job application and any other paperwork. Combining them is a common compliance mistake that has led to class-action litigation.
When can we legally run the background check?
It depends on your state and city. Many 'ban the box' jurisdictions prohibit running a criminal background check until after a conditional offer of employment has been made. Confirm the timing rules for every location you hire in before using this form.
What happens if we want to reject a candidate based on the report?
The FCRA requires an adverse-action process: send a pre-adverse-action notice with a copy of the report, allow a waiting period for the candidate to respond, then send a final adverse-action notice if you proceed with the rejection. This form does not cover that process — build it separately with counsel.
Is this form legal advice or a substitute for legal review?
No. This is a starting structure only. FCRA compliance, state and local ban-the-box rules, and required disclosures change and vary by jurisdiction, so this form must be reviewed and adapted by employment counsel before you use it with any candidate.