Free tool · For employers
Background check disclosure and authorization form
Before you order a background check from a screening company, federal law requires a disclosure on a page of its own and the person’s written authorization. Some states add their own notices. Pick the job’s state and what the report will cover, and this tool writes the whole set, each document on its own page. Nothing you type leaves your browser.
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Why the disclosure stands alone
The rule most templates break.
The disclosure must be made “in a document that consists solely of the disclosure.” The person’s authorization may share it; nothing else may (15 U.S.C. § 1681b(b)(2)(A)).
The federal appeals court for the West Coast has held that a liability waiver breaks the rule (Syed v. M-I, 2017), that other states’ notices and references to other documents break it (Gilberg, 2019), and that a statement of the right to ask about an investigation breaks it too (Walker v. Fred Meyer, 2020). So this tool puts the federal disclosure, the authorization, the investigative report notice and each state notice on separate pages. The generated forms carry no logo or promotional text.
The disclosure and authorization guide explains the rule in full.
What each state adds
Beyond the federal disclosure and authorization. Every other state adds no form of its own that our research found.
| State | What the set adds | Law |
|---|---|---|
| Alabama | Official form: Alabama Administrative Code ch. 265-X-2 | Ala. Code § 41-9-650.1; Ala. Admin. Code ch. 265-X-2, App. D |
| Arizona | No waiver of rights anywhere in the paperwork | A.R.S. § 44-1693(D) |
| California | Investigative consumer report; Credit report (with credit) | Cal. Civ. Code § 1785.20.5(a); Cal. Labor Code § 1024.5(a); Cal. Civ. Code §§ 1786.16(a)(2)(B), 1786.16(b)(1), 1786.22; Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019) |
| Georgia | Official form: GBI: obtaining criminal history records | O.C.G.A. § 35-3-34(a)(1)(A); GCIC Council Rule 140-2-.02(4) |
| Massachusetts | Consumer report; Investigative consumer report (with interviews); Official form: Massachusetts CRA Acknowledgement Form | 803 CMR 2.11, 2.22; M.G.L. c. 93, § 53(a); M.G.L. c. 93, § 60; 803 CMR 2.22(1)(a) |
| Minnesota | Consumer report | Minn. Stat. § 13C.02 |
| Montana | A wider investigative report notice (the substance too); required for people who did not apply | Mont. Code Ann. § 31-3-113 |
| New Jersey | Investigative consumer report (with interviews) | N.J.S.A. 56:11-33a |
| New York | Consumer report; Investigative consumer report (with interviews); Official form: Article 23-A (Department of Labor copy) | N.Y. Gen. Bus. Law § 380-b(b)-(c); N.Y. Gen. Bus. Law § 380-c(a)-(b); N.Y. Gen. Bus. Law § 380-g(d) |
| Oklahoma | Consumer report | 24 O.S. § 148 |
| Rhode Island | Credit report (with credit, applicants) | R.I. Gen. Laws § 6-13.1-21(a) |
| Utah | Limits on asking for identifiers before an offer | Utah Code § 34-46-201 |
| Vermont | Written consent naming the purpose (the authorization covers it) | 9 V.S.A. § 2480e |
| Washington | Credit information (with credit) | RCW 19.182.020(2)(c) |
Questions employers ask
Can the authorization go on the same page as the disclosure?
Federal law allows it (§ 1681b(b)(2)(A)(ii)). New Jersey’s law has no such clause, so this tool always puts the authorization on its own page, which works in every state.
Do I need an investigative report notice?
Only if the report will include interviews with people who know the person, about character, reputation or way of living. Check the interviews box and the tool adds the notice. Mail or deliver it within 3 days after you request the report.
Does the authorization cover checks during employment?
Only if it says so. Check the box to cover reports during employment if the person is hired, and the disclosure and authorization both say it.
Is this legal advice?
No. The tool writes the forms the statutes and court decisions call for, with the law behind each one. Have your counsel review them for your situation.
Sources
- 15 U.S.C. § 1681b(b), disclosure, authorization and certification
- 15 U.S.C. § 1681d, investigative consumer reports
- Syed v. M-I, LLC (9th Cir. 2017)
- Gilberg v. California Check Cashing Stores (9th Cir. 2019)
- Walker v. Fred Meyer, Inc. (9th Cir. 2020)
State laws: listed in the table above, and on each state page.
Last reviewed · General information, not legal advice.