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Legal Templates
Background Check Authorization Form

Background Check Authorization Form for the United States

Background Check Authorization Form Template for United States

A Background Check Authorization Form is a legal document used in the United States that obtains permission from an individual to conduct a background investigation. The document must comply with federal regulations, particularly the Fair Credit Reporting Act (FCRA), and various state laws. It typically includes personal information collection, clear disclosure statements, and specific authorizations for different types of background checks that may be conducted.

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What is a Background Check Authorization Form?

The Background Check Authorization Form is a crucial document required by US federal and state laws before conducting any background screening on individuals. This form is necessary whenever an organization needs to verify an individual's history for employment, housing, or other legitimate purposes. It must include specific disclosures required by the FCRA and state laws, obtain explicit consent, and inform the individual of their rights. The form typically covers various types of checks including criminal history, employment verification, education verification, and credit history where applicable.

What sections should be included in a Background Check Authorization Form?

1. Personal Information: Collection of basic identifying information including name, DOB, SSN, current address

2. Disclosure Statement: Clear notification that a background check will be conducted as required by FCRA

3. Authorization Statement: Express consent from the individual for the background check to be performed

4. Scope of Authorization: Details of what types of information will be checked and how it may be used

5. Signature Block: Space for signature, printed name, and date of authorization

What sections are optional to include in a Background Check Authorization Form?

1. State-Specific Disclosures: Additional disclosures required by specific states where the background check will be conducted

2. International Check Authorization: Additional authorization language for international background checks when records outside the US need to be checked

3. Ongoing Screening Authorization: Authorization language for periodic re-screening when continuous monitoring is required

What schedules should be included in a Background Check Authorization Form?

1. Summary of Rights Under FCRA: Mandatory federal document explaining consumer rights under the Fair Credit Reporting Act

2. State-Specific Rights Summary: Additional rights summaries required by specific states where the background check will be conducted

3. List of Screened Items: Detailed list of specific background check components to be performed (criminal, employment, education, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

¶¶Òõ¶ÌÊÓƵ

Document Type

Consent Form

Sector

Employment

Cost

Free to use
Clauses




















Industries

Fair Credit Reporting Act (FCRA): Primary federal law governing background checks. Requires written disclosure and authorization, mandates specific notification requirements, and regulates how consumer information can be used.

State-Specific Laws: Various state-level requirements including limits on criminal record look-back periods, 'ban the box' laws restricting when criminal history can be requested, and specific disclosure requirements that vary by state.

EEOC Guidelines: Federal guidelines focusing on preventing discrimination, requiring consistent application of background check policies, and providing guidance on how background check results should be used.

State Fair Credit Reporting Acts: State-level versions of the FCRA that may impose additional requirements and provide enhanced consumer protections beyond federal standards.

Privacy Laws: Federal and state privacy laws governing data protection, storage requirements, and proper disposal of consumer information obtained during background checks.

Americans with Disabilities Act (ADA): Federal law that impacts how medical information can be handled during background checks and includes provisions to prevent disability discrimination.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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