Do I Need Written Permission to Run a Background Check?

Disclosure and Authorization Forms are a Must

Short answer: Yes.

Long answer: Absolutely — and skipping this step can cost you.

At Unique Background Solutions, we work with hundreds of employers and organizations across the country, and one of the most common compliance mistakes we see is mishandling the written disclosure and authorization process. Even though it’s required under the Fair Credit Reporting Act (FCRA), many employers still misunderstand or overlook it.

Let’s break it down.

Why Written Permission Is Required

Under the FCRA, you must obtain written authorization from an applicant or employee or volunteer before running a background check for employment/volunteer purposes. That includes checks for:

• Hiring

• Promotion

• Reassignment

• Retention

It’s not just a best practice — it’s federal law.

What Happens If You Skip It?

Running a background check without consent can lead to serious consequences, including:

• Lawsuits (including class actions)

• Fines and penalties

• Reputational damage

• Disrupted hiring decisions — you may have to undo or repeat the process entirely

  
  

Even if your intentions are good, failing to get written authorization leaves your company exposed.

How to Do It Right

The FCRA (Fair Credit Reporting Act) mandates that disclosure and authorization forms for background checks be clear, conspicuous, and stand-alone.

The disclosure must be presented in a separate document, free of extraneous information such as liability waivers, disclaimers, or other application materials.

The authorization, while it can be combined with the disclosure, must also be clear and concise, without unnecessary language or conditions.

Best practice is to keep disclosure and authorization separated into their own standalone forms to avoid compliance challenges.

Takeaway for Employers

The written authorization step may seem small, but it carries huge compliance weight. It’s the foundation of a fair, transparent, and legal background screening program.

At Unique Background Solutions, we not only help our clients stay compliant with FCRA rules, but we also provide ready-to-use, compliant disclosure and authorization forms — so you can focus on making the right hiring decision, without worrying about paperwork errors.

Need help reviewing your current forms? Contact us today — we’ll make sure your process is rock solid.