A Pre-Employment Background Check Authorization Form is a consent letter authorizing employers to run a background check on applicants as part of their hiring process. Unauthorized checks can cost your company big time in lawsuits for breach of privacy, wrongful termination or discrimination in hiring, so make sure you carefully understand & curate the contents and legal nuances of this form.
From an organizational point of view, you need to verify the details included in an employee’s application to be true, accurate, and based on facts. This way, you don’t have to take anyone’s word at face value, and let your company suffer as a result. From criminal records & credit histories to past work and academic life, this is you doing your due diligence as a dutiful HR professional to make sure applicants are not misleading your company!
But first, let’s ask ourselves…
Why Do I Need Applicants to Sign a Formal Consent Form?
To put it simply: because the law says you must. Under federal law, employees are required to get written consent from an applicant before running a background check. However, notable differences do exist across states, in, say, how early in the hiring process you can run a background check or if applicants have a right to a copy of the ‘consumer’ (or background check) report. We explore these legal nuances a bit more later on.
In case of any confusion or for guidance, talk to a practising lawyer to find out which legal standards, rules, or procedures apply in your case!
For your ease, our template is free, print-ready, 100% editable, and downloadable in multiple file formats!
Let’s go over each section of our Form in a bit more detail…
Applicant Info.
Let’s start at the basics. Ask applicants for their full legal name (First, Middle and Last). To avoid confusion or difficulties during the verification process, we make sure there is also space for any previous, now-legally-changed names they’ve had.
Now, quickly get their contact info down. Use the space provided to obtain their phone number and email address. For residential history, use the dedicated section below to obtain the mailing information of where they live now, and where they have lived over the past seven years.
For each past dwelling, the applicant must identify the city/state/zip code as well as their duration of stay. Add as many address sections as you need using an editable version of our file.
Government IDs
Employees need access to an applicant’s government-issued IDs during the hiring process, such as their Social Security Number and Driver’s License. Running these credentials through government databases can help you verify their identity, tax records, citizenship status, and eligibility to work in the U.S. This step is crucial during any background check to ensure regulatory compliance, prevent fraud, and maintain workplace safety.
What are they Consenting To?
This section is the core of our form. Since background checks can be of multiple kinds, you need a comprehensive but ‘optional’ consent form where applicants can choose which type of history or background check they sign up for:
This is what we cover:
- Criminal History Check
- Employment History Verification
- Education Verification
- Credit History Check
Self-Disclosure of Criminal History
In the self-disclosure section, the applicant is expected to declare if they have ever been convicted, and confirm the existence (or non-existence) of any pending criminal charges against them.
For both of these questions, the employee has the option to respond in the affirmative or negative using our checkboxes. For employees who do not wish to disclose this information, they can check the third box, as is their legal right under the FCRA and Ban the Box rules.
Speaking of…
What’s the FCRA?
The Fair Credit Reporting Act is the federal baseline for background checks in the U.S. Designed to protect consumers’ privacy during the 1970s, it is now enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The contact details of both are noted in the detachable appendix that comes with our Form (page 5).
All four types of verification covered in our form are governed by the FCRA. This law requires employers to get the written consent of the ‘consumer’ (or the employee), as well as share a copy of the consumer report with the applicant.
Most importantly, it also limits the extent of the consent, and what can be done with the information accessed during the verification process, or how soon in the hiring process you can ask for certain types of information – especially when it comes to an applicant’s past criminal records (but more on that later!).
What are ban the box laws?
Ban the box laws were adopted to prevent former convicts from being discriminated against during the hiring process, simply on account of the fact that they were convicted.
These state or local laws operate by delaying or limiting situations when employers can ask about an applicant’s criminal history. For example, criminal checks may only be allowed after an interview or a conditional offer. As of now, over 35 states and 150+ cities/counties have some form of Ban the Box.
Here’s a select overview of these laws in some of those states:
- California: Strict limits on reporting certain records (e.g., arrests not leading to conviction).
- New York: Requires employers to conduct an “individualized assessment” before denying employment.
- Oregon: Cannot consider arrests without convictions; added requirements for adverse action process.
- Massachusetts: Employers can’t ask about certain older offenses; must give five business days between pre- and final adverse action.
- New Jersey: Employers must delay criminal checks until after the interview/conditional offer.
Specific Criminal Charges
In this section, we allow you to ask employees about any specific kinds of criminal charges against them. We use four default categories of charges for applicants:
- Sexual abuse charges
- Physical abuse charges
- Abandonment
- Exploitation of a child/juvenile/vulnerable adult
- Other (option to specify)
You can use our editable version to adjust these categories as per your company’s needs & context.
Disclosure of Rights regarding Consumer Reports
We use this section to highlight the rights of employees under the law. They can ask for a copy of the report received by the employer, and if they see something that doesn’t look right, they have the right to take that up with the reporting agency.
Also, if you decide not to move forward with their application based on something in the report, this section clearly states that applicants have the right to ask you why.
Acknowledgement
As with every legal document, you need a dated signature to make its contents binding and enforceable in a court of law. By signing this form, the applicant authorizes employees to run specific kinds & depths of verification of their personal information based on the options they select and sign onto.
State-Specific Laws
On Page 4, applicants can find a guide of state-specific laws designed to inform them about the legal requirements & thresholds applying to where they live or intend to work.
These laws often go over and beyond what the FCRA provides for, granting extra protections to applicants in terms of their right to a free copy of the background check report, or their right to know if an investigative consumer report was procured, or how soon such a report must be made available to them, and through what means.
Employee Rights Declaration
On page 5, our form outlines the legal rights of employees under the Fair Credit Reporting Act (FCRA).
Here’s an easy breakdown of some of these rules. You may need to add more legal information based on which state your company operates in:
- If adverse action is taken based on their background report, they must be notified and given the contact information of the consumer reporting agency (CRA) used.
- Employees can request access to their file at any time, and under specific conditions, such as identity theft, public assistance, or unemployment, they are entitled to one free disclosure. Employees also have the right to request their credit score.
- If you find any inaccurate or incomplete information in your report, you may dispute it. The CRA must investigate and correct or remove errors within 30 days.
- Outdated negative information generally cannot be reported after seven years, or ten years for bankruptcies. An employee’s file can only be accessed by parties with a legitimate need and, in most cases, only with their written consent.
- Employees can also take legal action if their rights are violated. Additional protections apply to identity theft victims and military personnel.
We also use this space to direct employees to contact federal agencies like the CFPB or FTC, or consumer reporting agencies such as Equifax, Experian, and TransUnion.
What’s Next?
Once you have consent from your prospective employee, it’s time to dig your claws deeper. Run applicant details through relevant government databases, or reach out to past employees with a formal email or a quick call.
Before you lock in the content of this form, do your homework to find out if applicable laws in your area have changed since the time of this publication. Staying up to date with the legal & procedural requirements of running a background check will help you avoid confusion or legal trouble down the road.
Congratulations! You are now all set to shortlist the best talent from a pool of candidates based on their past experiences, knowledge set & work portfolios!
When Will I Need This Template?
You need this Form to make sure applicants haven’t misled you about anything. A pre-standardized form helps you ensure compliance with local laws and regulations. A consistent format also helps you streamline the background check process, reducing the risk of legal issues and saving time for employers.
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