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.
0/5000
Key Things to Know
- 1
The Background Check Authorization Form must be a standalone document, separate from your employment application and other onboarding paperwork.
- 2
You must provide a clear disclosure that you will be conducting a background check and obtain written authorization before proceeding with any background screening.
- 3
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.
- 4
Different types of background checks (criminal, credit, driving records, etc.) may have different legal requirements and restrictions depending on your state and industry.
- 5
Keep signed authorization forms on file for at least the duration of employment plus any applicable statute of limitations period for potential claims.
- 6
Review and update your Background Check Authorization Forms regularly to ensure continued compliance with changing laws and regulations.
- 7
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 New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Background Check Authorization Form guide walks through them.
Open the Background Check Authorization Form guideCustomize your Background Check Authorization Form Template with DocDraft
New Hampshire Requirements for Background Check Authorization Form
FCRA Disclosure Requirement (15 U.S.C. § 1681b(b)(2)(A))
The form must include a clear and conspicuous disclosure that a consumer report may be obtained for employment purposes. This disclosure must be in a standalone document, separate from the employment application.
Written Authorization Requirement (15 U.S.C. § 1681b(b)(2)(A)(ii))
The form must obtain written authorization from the applicant or employee 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, the employer must provide the applicant with a copy of the report and a summary of their rights under the FCRA.
New Hampshire Criminal History Records Check (NH RSA 106-B:14)
Employers must obtain signed authorization before conducting criminal background checks through the New Hampshire Department of Safety, Division of State Police.
New Hampshire Consumer Credit Protection (NH RSA 359-B)
Compliance with New Hampshire's consumer credit reporting laws, which largely mirror federal FCRA requirements but may contain state-specific provisions.
Ban-the-Box Compliance (NH RSA 275:37-a)
New Hampshire prohibits employers from asking about criminal history on initial job applications, though background checks may be conducted later in the hiring process.
Equal Employment Opportunity Compliance (42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964))
Background checks must be conducted in a manner that does not discriminate based on protected characteristics such as race, color, religion, sex, or national origin.
Americans with Disabilities Act Compliance (42 U.S.C. § 12101 et seq.)
Background checks must comply with ADA requirements, particularly regarding medical information and disability-related inquiries.
New Hampshire Law Against Discrimination (NH RSA 354-A)
Background checks must comply with state anti-discrimination laws, which prohibit discrimination based on age, sex, race, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation.
Disposal Rule Compliance (16 CFR Part 682)
Proper disposal of background check information when no longer needed, using methods designed to ensure the information cannot be read or reconstructed.
New Hampshire Data Privacy Requirements (NH RSA 359-C:19-21)
Compliance with New Hampshire laws regarding the protection of personal information and notification requirements in the event of a security breach.
Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.)
If obtaining driving records as part of the background check, compliance with federal restrictions on disclosure of personal information from state motor vehicle records.
New Hampshire Motor Vehicle Records Privacy (NH RSA 260:14)
State-specific requirements for accessing and using motor vehicle records for employment screening purposes.
EEOC Guidance on Criminal Records (EEOC Enforcement Guidance No. 915.002 (4/25/2012))
Compliance with EEOC guidance on the use of arrest and conviction records in employment decisions, which requires individualized assessment and job-relatedness of criminal history.
New Hampshire Employment Security Records (NH RSA 282-A:118)
Requirements for accessing and using employment security records for background check purposes.
Gramm-Leach-Bliley Act (15 U.S.C. § 6801-6809)
If applicable to the employer, compliance with privacy provisions regarding the collection, disclosure, and protection of consumers' personal financial information.
New Hampshire Right to Know Law (NH RSA 91-A)
For public employers, compliance with state public records laws regarding the confidentiality of personnel information and background check results.
Immigration Reform and Control Act (8 U.S.C. § 1324a)
Compliance with verification of employment eligibility requirements, which may intersect with background check processes.
New Hampshire Criminal Annulment Statute (NH RSA 651:5)
Restrictions on considering annulled criminal records in employment decisions, which may affect how background check results are used.
New Hampshire Child Protection Act (NH RSA 169-C)
Special background check requirements for positions involving work with children, including mandatory checks through the Division for Children, Youth and Families central registry.