Background Declaration Form for the United States

Background Declaration Form Template for United States

A Background Declaration Form is a legal document used in the United States to collect self-disclosed information from individuals regarding their personal history, including criminal records, employment history, and other relevant background information. The document must comply with federal regulations including the Fair Credit Reporting Act (FCRA) and various state-specific requirements. It serves as both a disclosure and authorization tool, enabling organizations to conduct comprehensive background checks while maintaining compliance with privacy and employment laws.

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What is a Background Declaration Form?

The Background Declaration Form is a crucial compliance document used across various industries in the United States. It is typically required during hiring processes, volunteer screening, or when conducting due diligence on individuals. The form includes personal information, criminal history declarations, and authorization for background checks, all while adhering to federal regulations such as the FCRA and state-specific requirements. Organizations use this document to make informed decisions while protecting themselves legally and ensuring transparency with the individual being screened.

What sections should be included in a Background Declaration Form?

1. Personal Information: Basic identifying information including name, address, and contact details

2. Authorization Statement: Clear statement of consent for background check and acknowledgment of FCRA rights

3. Criminal History Declaration: Section for disclosing relevant criminal history as permitted by law

4. Certification of Truth: Declaration that all provided information is true and accurate

5. Signature Block: Space for signature, date, and witness signature if required

What sections are optional to include in a Background Declaration Form?

1. Employment History: Section for previous employment details, used when background check includes employment verification

2. Education Verification: Section for educational background details, used when education credentials need to be verified

3. Professional Licenses: Section for information about professional certifications and licenses, used for positions requiring specific credentials

What schedules should be included in a Background Declaration Form?

1. State-Specific Notices: Required notices and disclosures for specific states where the background check will be conducted

2. Summary of Rights Under FCRA: Mandatory summary of rights under Fair Credit Reporting Act that must be provided to the individual

3. Additional State Disclosures: State-mandated disclosures about background check rights and procedures

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Industries

Fair Credit Reporting Act (FCRA): Federal law that regulates the collection, dissemination, and use of consumer information, including consumer credit information. Requires disclosure and authorization for background checks.

Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, and national origin. Affects how background check information can be used in employment decisions.

Americans with Disabilities Act (ADA): Protects individuals with disabilities from discrimination. Limits the types of medical information that can be requested during background checks.

EEOC Guidelines: Federal guidance on how employers should conduct background checks to avoid discriminatory practices and ensure equal employment opportunities.

Ban the Box Laws: State and local laws that restrict employers from asking about criminal history on initial job applications, varying by jurisdiction.

State Background Check Regulations: Specific state laws governing background checks, including limitations on lookback periods and types of records that can be considered.

State Privacy Laws: State-specific regulations regarding the collection, storage, and use of personal information obtained during background checks.

Industry-Specific Requirements: Special background check requirements for sectors like healthcare, education, and financial services, including mandatory checks and disqualifying offenses.

FCRA Consumer Reporting Requirements: Specific requirements for consumer reporting agencies conducting background checks, including accuracy and dispute resolution procedures.

Consent and Disclosure Requirements: Legal obligations for obtaining written consent and providing proper disclosures before conducting background checks, including notice of rights under FCRA.

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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