Background Check Compliance Forms and Guidance
Direct Screening provides the following sample forms and resources to help clients understand the general background screening process under the federal Fair Credit Reporting Act (FCRA).
These materials are provided for general informational purposes and are not legal advice. Federal, state, and local requirements may vary depending on the type of screening, the jurisdiction, and the circumstances of a particular employment or housing decision.
The use of these materials does not guarantee compliance with applicable law. Employers and housing providers are responsible for determining the requirements that apply to their organization and should consult qualified legal counsel regarding their specific compliance obligations.
Section 1: Employment Background Check Forms
Federal / FCRA Resources
The following sample forms and resources are intended to assist employers with the general federal FCRA process for employment background checks.
Important: State and local laws may impose additional disclosure, authorization, notice, timing, individualized assessment, adverse action, or other requirements. Do not assume these federal forms alone satisfy the requirements that apply in your jurisdiction. See the State & Local Background Check Requirements section below.
| Form or Resource | Purpose |
|---|---|
| Consumer Report Disclosure: Employment | Sample federal disclosure |
| Consumer Report Authorization: Employment | Sample authorization |
| Pre-Adverse Action Notice: Employment | Sample notice for use before adverse employment action |
| Final Adverse Action Notice: Employment | Sample notice for use after adverse employment action |
| Direct Screening Dispute Form | Optional form consumers may use to submit a dispute |
| Summary of Your Rights Under the FCRA (CFPB) | Government-required resource provided with the consumer report before adverse employment action |
| Notice to Users of Consumer Reports: Obligations Under the FCRA | Government resource for users of consumer reports |
| How to Complete an FCRA-Compliant Background Check for Employment Purposes | Direct Screening's general employment screening process guide |
| Fair Credit Reporting Act | Federal law |
General Employment Process
Under the federal FCRA, employers obtaining consumer reports for employment purposes generally must provide a clear and conspicuous standalone disclosure and obtain written authorization before obtaining the report.
If an employer is considering adverse employment action based in whole or in part on information in a consumer report, the employer must provide the consumer with a copy of the report and the CFPB's Summary of Rights before taking the adverse action. If adverse action is subsequently taken, additional notice requirements apply.
The Employment Compliance Guide above provides a general overview of this process.
Section 2: Tenant Screening Background Check Forms
Federal / FCRA Resources
The following sample forms and resources are intended to assist housing providers with the general federal FCRA process for tenant screening.
Important: State and local laws may impose additional tenant screening, disclosure, authorization, notice, adverse action, fair housing, criminal-history, or other requirements. Do not assume these federal resources alone satisfy the requirements applicable to your rental property or jurisdiction. See the State & Local Background Check Requirements section below.
| Form or Resource | Purpose |
|---|---|
| Consumer Report Disclosure: Tenant Screening | Sample tenant screening disclosure |
| Consumer Report Authorization: Tenant Screening | Sample authorization |
| Tenant Screening Adverse Action Notice | Sample notice when adverse action is taken based in whole or in part on a consumer report |
| Direct Screening Dispute Form | Optional form consumers may use to submit a dispute |
| Summary of Your Rights Under the FCRA (CFPB) | Government resource explaining consumer rights under the FCRA |
| Notice to Users of Consumer Reports: Obligations Under the FCRA | Government resource for users of consumer reports |
| How to Complete an FCRA-Compliant Background Check for Tenant Screening | Direct Screening's general tenant screening process guide |
| Fair Credit Reporting Act | Federal law |
General Tenant Screening Process
The federal FCRA permits housing providers to obtain consumer reports for permissible housing purposes. A housing provider may also obtain written permission from an applicant or tenant to document its permissible purpose.
If information in a consumer report contributes to an unfavorable housing decision, the housing provider must provide an adverse action notice. Adverse action can include denying an application, requiring a co-signer, requiring or increasing a deposit, charging higher rent, or imposing other less favorable terms.
The adverse action notice must identify the consumer reporting agency that supplied the report and inform the consumer of specified rights concerning the report, including the right to dispute information and obtain a free copy from the consumer reporting agency if requested within 60 days.
The Tenant Screening Compliance Guide above provides a general overview of this process.
Section 3: State & Local Background Check Requirements
In addition to the federal FCRA, employers and housing providers may be subject to state and local laws governing background checks, criminal-history information, tenant screening, fair-chance requirements, disclosures, authorizations, notices, timing, individualized assessments, and adverse action procedures.
State and local requirements can change and vary significantly by jurisdiction. The requirements that apply may depend on factors including the employer or housing provider, the applicant or employee, the location of the employment or rental property, and the type and timing of the background screening.
State and Local Requirements
Additional background screening requirements exist in numerous states, cities, and counties throughout the United States. Examples include jurisdictions such as California, Colorado, Illinois, Massachusetts, Maryland, New Jersey, New York, Oregon, Pennsylvania, Texas, and Washington, as well as various cities and counties.
This is not a complete list. The absence of a state, city, or county from these examples should not be interpreted to mean that no additional requirements apply.
Need a Current State or Local Form or Resource?
Because state and local requirements change and official forms and notices may be revised by government agencies, Direct Screening does not maintain or provide sample state or local compliance forms.
When official materials are available, we recommend obtaining required state or local forms and notices directly from the applicable government agency.
If you need help locating an appropriate current government agency or official resource, contact:
Direct Screening can assist in locating available government resources but does not provide legal advice or determine which state or local requirements apply to a client's particular circumstances.
Employers and housing providers should consult qualified legal counsel regarding requirements applicable to their organization and jurisdiction.