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Background Check Disclosure and Authorization Forms

Before an employer gets a background report from a screening company, federal law requires two things: a written disclosure that a report may be obtained, and the person's written authorization. The disclosure has strict format rules. This guide explains what the Fair Credit Reporting Act (FCRA) requires, what FTC staff say doesn't belong on the form, and how a Pact order handles consent. Pact doesn't offer a downloadable template. This is not legal advice.

Updated October 24, 2026 · Checked against the official sources listed at the end

What the law requires

Under 15 U.S.C. 1681b(b)(2)(A), a person may not get a consumer report for employment purposes unless two things happen first:

A clear and conspicuous written disclosure is made to the person, before the report is obtained, "in a document that consists solely of the disclosure," saying that a consumer report may be obtained for employment purposes.
The person authorizes it in writing. The statute says the authorization may be made on the same document as the disclosure.

What "stand-alone" means in practice

The EEOC and FTC's joint guide for employers says the notice must be in writing and in a stand-alone format, and it can't be in an employment application. It says you may include some minor additional information, like a brief description of what consumer reports are, but only if it doesn't confuse or detract from the notice.

An FTC staff opinion letter from 1998 (Leathers) explains why: a disclosure combined with many items in an employment application, no matter how prominent, is not in a document that consists solely of the disclosure.

Common mistakes

These are the problems FTC staff and the statute point to most often:

Liability waivers or releases. FTC staff said in a 1998 letter (Hauxwell) that including a waiver in a disclosure form violates the FCRA, and that employers may not require people to waive their FCRA rights.
Extra or contradictory text. The FTC's 2011 staff report says a combined disclosure and authorization may include some identifying information, but not extraneous or contradictory information, such as a request to waive FCRA rights.
Putting the notice inside a job application, handbook or offer letter.
Getting the report first and the signature later. The disclosure and authorization have to come before the report is obtained.
Assuming one signature covers checks for the whole job. The joint guide says that if you want the authorization to cover reports throughout employment, say so clearly and conspicuously.

State forms: California and others

Some states add their own rules. California has a separate law for "investigative consumer reports" (Civ. Code 1786.16). For employment, it requires a stand-alone written disclosure with specific contents, including the permissible purpose, the screening company's name, address and phone number, the nature and scope of the investigation, and the company's website for privacy practices. Whether that law covers a particular check is a legal question. Ask your attorney if you hire in California or another state with its own rules.

Trucking applicants who apply remotely

The FCRA has a narrower notice rule for some applicants who apply by mail, phone, computer or similar means, used in the trucking industry (15 U.S.C. 1681b(b)(2)(B)-(C)). The CFPB's summary of FCRA rights says written consent generally is not required in the trucking industry. If that may apply to you, read the statute with your attorney.

The certification you sign

The form the person signs is half of it. The employer also certifies to the screening company that it gave the disclosure and got the authorization, will follow the adverse action rules if they apply, and won't use the report to violate equal employment opportunity laws (15 U.S.C. 1681b(b)(1)).

How a Pact order handles the forms

With a Pact order, you don't draft or collect the disclosure and authorization yourself. After you pay, Pact sets the check up with Checkr, which emails the person being checked a secure link. They enter their own details (legal name, date of birth, Social Security number and address history) and read and sign the disclosure and authorization on Checkr's site. Nothing runs before they consent.

Orders are taken now and start when Pact's Checkr account opens; Checkr then emails the person.

That covers the form the person signs. Your other duties as an employer still apply, including treating everyone the same way and following the adverse action steps if you act on the report.

Why Pact doesn't offer a template

A form that is fine in one state can be wrong in another, and small wording changes matter. If you run checks outside Pact, have an employment attorney write or review your disclosure and authorization.

Common questions

Can the disclosure and authorization be on the same page?

Yes. The statute says the authorization may be made on the disclosure document. The disclosure itself must not carry other unrelated content.

Can I include a liability waiver on the form?

No. FTC staff said in 1998 that including a waiver in a disclosure form violates the FCRA, and employers may not require people to waive their FCRA rights.

Can the disclosure be part of my job application?

No. The EEOC and FTC say the notice can't be in an employment application.

Does one signed authorization cover future checks?

It can, if the authorization clearly and conspicuously says it covers reports throughout employment, according to the EEOC and FTC guide.

Is an electronic signature okay?

Pact orders use Checkr's online disclosure and authorization, which the person signs on Checkr's site before anything runs. For your own forms, ask your attorney.

Does Pact have a free background check authorization form template?

No. Pact orders collect consent through Checkr. For checks you run elsewhere, have an attorney write your form.