Background Check Authorisation Form for the United States

Background Check Authorisation Form Template for United States

A Background Check Authorization Form is a legally mandated document under United States federal and state laws, particularly the Fair Credit Reporting Act (FCRA), that employers must obtain from job candidates or employees before conducting background screening. The document serves as both a disclosure of the employer's intention to conduct a background check and obtains the individual's explicit authorization for such screening. It typically includes provisions for collecting personal information, specifies the scope of the background check, and outlines the individual's rights under applicable laws. This document is crucial for maintaining compliance with federal regulations while conducting pre-employment or ongoing employment screening.

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What is a Background Check Authorisation Form?

The Background Check Authorization Form is a critical document used in the United States employment process, required whenever an employer wishes to conduct background screening on job candidates or existing employees. This document is mandated by the Fair Credit Reporting Act (FCRA) and various state laws, which require employers to both disclose their intention to conduct a background check and obtain written authorization from the individual before proceeding. The form typically includes the individual's personal information, the scope of the background check, and various required disclosures about the individual's rights. It may also incorporate state-specific requirements depending on the jurisdiction. The document serves as proof of compliance with federal and state regulations and protects both the employer and the background check provider from potential legal liability.

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

1. Disclosure Statement: Clear statement that a consumer report/background check will be obtained for employment purposes, as required by FCRA

2. Purpose of Authorization: Explanation of why the background check is being conducted and how the information will be used

3. Applicant Information: Fields for collecting necessary personal information including full name, current and previous addresses, date of birth, and Social Security number

4. Scope of Authorization: Details about what types of information may be collected and reviewed in the background check

5. Authorization Statement: Clear statement of authorization from the applicant allowing the background check to be conducted

6. Certification: Statement certifying that all information provided is true and accurate

7. Signature Block: Space for signature, printed name, and date

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

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

2. International Background Check Authorization: Additional authorization language for international background checks if applicable

3. Credit Check Authorization: Specific authorization for credit checks if they will be included in the background check

4. Drug Testing Authorization: Additional authorization for drug testing if it will be part of the screening process

5. Rights Summary: Summary of candidate rights under various state laws (some states require this as a separate document)

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

1. Schedule A - Types of Background Checks: Detailed list of all specific types of background checks that may be conducted (e.g., criminal, education, employment, credit)

2. Schedule B - State-Specific Disclosures: Compilation of any state-specific disclosures that must be provided based on applicant's location

3. Appendix 1 - Summary of Rights Under FCRA: Mandatory summary of rights under the Fair Credit Reporting Act

4. Appendix 2 - Investigative Consumer Report Notice: Additional notice required if an investigative consumer report will be obtained

Authors

Alex Denne

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

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Relevant legal definitions

Clauses

Disclosure
Authorization and Consent
Data Protection
Information Collection
Rights and Notifications
Certification
Scope of Background Check
Privacy
State Law Compliance
Duration and Validity
Representations and Warranties
Release and Indemnification
Acknowledgment
Signature and Attestation
Revocation Rights
Information Accuracy
Third-Party Disclosure
Document Retention

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Talent Acquisition Manager

Background Check Specialist

Employment Verification Specialist

HR Business Partner

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What is a Background Check Authorisation Form?

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

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