Background Check Authorization Form: A Guide for Employers
Learn everything you need to know about background check authorization forms, legal compliance requirements, and best practices for HR managers, startup founders, and small business owners.
Introduction
A Background Check Authorization Form is a legal document that employers use to obtain permission from job candidates or employees before conducting background checks. This form is not just a formality—it's a critical compliance requirement under federal and state laws, including the Fair Credit Reporting Act (FCRA). For HR managers, startup founders, and small business owners, understanding how to properly implement background check authorizations can protect your company from potential lawsuits while helping you make informed hiring decisions. This guide explains what these forms must include, how to use them correctly, and common pitfalls to avoid.
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Key Things to Know
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The Background Check Authorization Form must be a standalone document, separate from your employment application and other onboarding paperwork.
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You must provide a clear disclosure that you will be conducting a background check and obtain written authorization before proceeding with any background screening.
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If you take an adverse action (like not hiring someone) based on background check results, you must follow the FCRA's two-step adverse action process, which includes providing pre-adverse action and adverse action notices.
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Different types of background checks (criminal, credit, driving records, etc.) may have different legal requirements and restrictions depending on your state and industry.
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Keep signed authorization forms on file for at least the duration of employment plus any applicable statute of limitations period for potential claims.
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Review and update your Background Check Authorization Forms regularly to ensure continued compliance with changing laws and regulations.
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Consider working with a reputable background check provider that understands compliance requirements and can help you navigate the legal landscape.
Key decisions before you file
Before you file a Background Check Authorization Form in Alaska, a few decisions shape the document: which option to choose and what each one means. The Background Check Authorization Form guide walks through them.
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Alaska Requirements for Background Check Authorization Form
FCRA Disclosure Requirement (15 U.S.C. § 1681b(b)(2)(A)(i))
The Fair Credit Reporting Act requires that employers provide a clear and conspicuous disclosure to the applicant that a consumer report may be obtained for employment purposes. This disclosure must be in a standalone document, separate from the employment application.
FCRA Written Authorization (15 U.S.C. § 1681b(b)(2)(A)(ii))
The FCRA requires that employers obtain written authorization from the applicant before procuring a consumer report for employment purposes.
Pre-Adverse Action Notice (15 U.S.C. § 1681b(b)(3)(A))
Before taking any adverse action based on information in a consumer report, employers must provide the applicant with a copy of the report and a summary of their rights under the FCRA.
Alaska Criminal Justice Information Protection (Alaska Stat. § 12.62.160)
Alaska law restricts access to and use of criminal justice information, requiring proper authorization for its release and limiting how it can be used in employment decisions.
Alaska Human Rights Law (Alaska Stat. § 18.80.220)
Prohibits discrimination in employment based on race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, or parenthood.
Alaska Criminal Records Privacy Protections (Alaska Stat. § 12.62.160-12.62.170)
Regulates the collection, storage, and dissemination of criminal justice information and provides privacy protections for individuals.
Equal Employment Opportunity Commission Guidance (Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.)
EEOC guidance requires that the use of criminal background checks not disproportionately impact protected groups unless the employer can demonstrate that the exclusion is job-related and consistent with business necessity.
Alaska Personal Information Protection Act (Alaska Stat. § 45.48.010-45.48.995)
Requires businesses to implement reasonable security procedures to protect personal information and notify individuals of security breaches.
FCRA Summary of Rights Provision (15 U.S.C. § 1681g(c))
Employers must provide applicants with a copy of 'A Summary of Your Rights Under the Fair Credit Reporting Act' when obtaining authorization for a background check.
Alaska Employment Records Confidentiality (Alaska Admin. Code tit. 8, § 85.315)
Requires employers to maintain confidentiality of employment records and limits disclosure of such information.
Americans with Disabilities Act Compliance (42 U.S.C. § 12112(d))
Background checks must comply with ADA requirements, including that medical inquiries be made only after a conditional job offer and that information be kept confidential.
Alaska Centralized Repository Access (Alaska Stat. § 12.62.160(b)(8))
Regulates access to the centralized criminal history repository and requires proper authorization for obtaining criminal history information.
FCRA Adverse Action Requirements (15 U.S.C. § 1681m(a))
After taking adverse action based on information in a consumer report, employers must provide notice to the applicant of the action taken and information about the consumer reporting agency.
Alaska Background Check Requirements for Specific Industries (Alaska Stat. § 47.05.310)
Alaska has specific background check requirements for certain industries such as healthcare, education, and childcare that may require additional disclosures and authorizations.
Consumer Financial Protection Bureau Regulations (12 C.F.R. § 1022.1 et seq.)
CFPB regulations implement and enforce FCRA provisions related to background checks for employment purposes.
Alaska State Trooper Background Check Program (Alaska Stat. § 12.62.400)
Establishes procedures for background checks conducted through the Alaska State Troopers, including fingerprinting requirements.
Ban the Box Considerations (No specific statute in Alaska)
While Alaska does not have a statewide 'ban the box' law, employers should be aware of this growing trend and potential future legislation that may restrict when criminal history information can be requested.
Alaska Workforce Investment Act Compliance (Alaska Stat. § 23.15.550-23.15.850)
Employers receiving certain state funding may have additional background check requirements and restrictions on the use of criminal history information.
Federal Trade Commission Enforcement (15 U.S.C. § 1681s)
The FTC enforces the FCRA and has issued guidance on proper background check procedures and disclosures.
Alaska Constitution Privacy Protections (Alaska Const. art. I, § 22)
The Alaska Constitution provides strong privacy protections that may impact how background checks are conducted and how information is used.