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Employee’s Consent for a Background Check

Ensuring you're in compliance with State & Federal laws can be tricky but we can offer you the help you need to make sure your background searches are FCRA compliant.

One of the first steps in the background check process is for employers to obtain their prospective employee’s written consent. This is mandated by the Fair Credit Report Act (FCRA) and is also part of Backgrounds Online’s Service Agreement signed by employers when they set up service.

Oftentimes, employers already have a consent form they have put into use. It is perfectly acceptable to use that form for the employee’s written consent as long as it covers all of the searches that the employer will be conducting as part of its background checks. Failure to follow this will mean the employer is failing to follow the FCRA or Backgrounds Online’s Service Agreement, subjecting them to legal liability.

At the time a new account is set up, Backgrounds Online will provide the employer with a customized release of information which serves as the employee’s written consent form. This release can also be obtained at any time off of the client’s secured website.

Obtaining your applicants permission to run a background report on them is absolutely necessary. Their consent is your protection.