A background check authorization form is what an employer gives a job applicant or employee before ordering a background report from a screening company: a written disclosure that a report may be obtained, and the person’s written permission to get it. Under the federal Fair Credit Reporting Act, the disclosure has to stand on its own. That’s why this free template is split into two pages, and why you shouldn’t staple extra paragraphs onto the first one.

Why does the disclosure have to be on its own page?

Because federal law says so. Under 15 U.S.C. 1681b(b)(2), before an employer procures a consumer report for employment purposes, it must give a “clear and conspicuous disclosure” in writing, “in a document that consists solely of the disclosure,” that a consumer report may be obtained. The person then has to authorize it in writing. The statute allows the authorization to appear on the disclosure document, but that’s the only addition it allows.

The FTC’s guidance for employers puts it bluntly: the notice can’t be in an employment application, and you shouldn’t include extra information that could confuse or detract from it. The classic mistake is a disclosure page padded with a liability waiver, a list of state notices in small print, and a “certify your application is true” paragraph. Keep all of that somewhere else.

Our template takes the cautious route. Page 1 is the disclosure and nothing else, and the authorization the applicant signs is on a separate page. Hand over both together, but keep them as separate pages (or separate screens, if you do it online).

There’s a narrow exception in the statute for certain transportation jobs regulated by the Secretary of Transportation or a state transportation agency when the applicant applies only by mail, phone or computer. If that’s you, check the statute and your screening company’s process.

Use it any time you’ll order a background report on an applicant or employee from a consumer reporting agency. That includes criminal record searches, employment and education verification, driving records and credit reports ordered through a screening company. The FCRA calls these “consumer reports,” which is broader than the phrase suggests.

It often goes together with a conditional job offer. Our offer letter template has a line for making the offer contingent on a background check. If you’re checking out a tenant rather than an employee, you want the rental application instead.

Say you run a home-cleaning business and are hiring a crew lead who’ll hold client keys. You make a conditional offer, send this form, and order a criminal and driving-record check once it’s signed. The order of steps matters: disclosure and authorization first, report second.

What happens after the report comes back?

If the report is clean, you’re done with it. If something in it might lead you to reject the person (or fire, or not promote), the FCRA sets out two steps.

Before the decision (pre-adverse action). Under 15 U.S.C. 1681b(b)(3), you give the person a copy of the report and a written description of their rights. The FTC says to use “A Summary of Your Rights Under the Fair Credit Reporting Act.” The CFPB publishes the current model form in Appendix K to Regulation V, and many screening companies send it for you. The FTC’s point is to give the person a chance to review the report and fix mistakes, so don’t decide on the same day.

After the decision (adverse action notice). Under 15 U.S.C. 1681m, you tell the person about the decision and include the screening company’s name, address and phone number, a statement that the company didn’t make the decision, and the person’s right to dispute the report’s accuracy and to get a free copy within 60 days.

A small detail that saves trouble: if the applicant later asks for a copy of what they signed, you should be able to hand over both pages exactly as they saw them.

What do you need to check for your situation?

Investigative reports. If the check includes interviews with references or neighbors about someone’s character or reputation, that’s an “investigative consumer report,” and 15 U.S.C. 1681d adds a separate disclosure with its own timing and a right to ask about the scope of the investigation. The template has an optional notice page for it.

State and city rules. Several states and cities, California and New York among them, have their own background check rules and notices on top of the FCRA. Your screening company usually knows the local forms. Keep any state notices on their own pages too, not on the federal disclosure page.

Your certification to the screening company. The FTC reminds employers that they also certify to the screening company that they gave the notice, got permission, will follow the FCRA and won’t misuse the information.

How do you get it signed?

  1. Fill in your company name on both pages and tick the types of reports you plan to order.
  2. Delete the optional investigative report page if you won’t order one.
  3. Send page 1 and page 2 together, with the Summary of Rights as a separate attachment.
  4. Wait for the signed authorization before ordering anything.
  5. Keep the signed form with the applicant’s hiring records.

Many employers collect these online. If you do, keep the disclosure on its own screen or its own file, not buried in a longer onboarding flow, and ask your screening company how it handles electronic consent. Our guide to e-signature legality covers the general rules.

Download it, fill in the blanks, and send it for e-signature with whatever tool you use. (We’re building SignWren for this; join the waitlist if you’d like early access.)

This template and guide are general information, not legal advice. Background check rules vary by state and city, so talk to an employment lawyer licensed where you hire.