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Criminal History Release Form for the United States

Criminal History Release Form Template for United States

A Criminal History Release Form is a legal document used in the United States that authorizes an organization to conduct a criminal background check on an individual. The form must comply with federal regulations including the Fair Credit Reporting Act (FCRA) and state-specific requirements. It typically includes personal identification information, consent language, and mandatory disclosures about the individual's rights under applicable laws.

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What is a Criminal History Release Form?

The Criminal History Release Form is essential for organizations conducting due diligence in their hiring process within the United States. This document serves as both authorization and documentation for criminal background checks, ensuring compliance with federal regulations such as the FCRA and various state laws. It's particularly crucial for positions involving sensitive information, vulnerable populations, or regulated industries. The form must include specific disclosures, clear consent language, and information about the subject's rights under applicable laws.

What sections should be included in a Criminal History Release Form?

1. Personal Information Section: Collection of applicant's identifying information including full name, date of birth, SSN, current and previous addresses

2. Authorization Statement: Clear and conspicuous statement of consent for background check and release of criminal history information

3. FCRA Disclosure: Mandatory disclosure of rights under the Fair Credit Reporting Act, including how the information will be used

4. Certification: Applicant's certification that all provided information is true and accurate

5. Signature Block: Date and signature fields for the applicant to execute the release form

What sections are optional to include in a Criminal History Release Form?

1. State-Specific Notices: Additional disclosures and notices required by specific states where the form will be used

2. Industry-Specific Declarations: Additional declarations and requirements for regulated industries such as healthcare, education, or financial services

3. Purpose Specification: Detailed explanation of the specific purpose for which the criminal history information will be used

What schedules should be included in a Criminal History Release Form?

1. Summary of Rights Under FCRA: Standard document explaining individual rights under the Fair Credit Reporting Act

2. State Rights Summary: Additional rights summaries required by specific states where the form will be used

3. Privacy Notice: Detailed information about how the collected information will be stored, used, and protected

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses


















Industries

Fair Credit Reporting Act (FCRA): Federal law that regulates the collection, dissemination, and use of consumer information, including criminal background checks. Requires disclosure and written consent.

Title VII of the Civil Rights Act of 1964: Federal law prohibiting employment discrimination. Criminal background checks must not have a disparate impact on protected classes.

Americans with Disabilities Act (ADA): Federal law ensuring that background checks don't discriminate against individuals with disabilities and that medical information remains confidential.

EEOC Guidelines: Federal guidelines that provide framework for using criminal history in employment decisions, including consideration of nature, time, and relevance of offenses.

Ban the Box Laws: State-specific laws that regulate when employers can inquire about criminal history in the hiring process, typically prohibiting questions on initial job applications.

State Background Check Regulations: Varying state laws governing the scope, timing, and use of criminal background checks, including specific consent requirements.

State Privacy Laws: State-specific regulations governing the collection, storage, and handling of personal information obtained during background checks.

State Employment Discrimination Laws: State-specific regulations that may provide additional protections beyond federal law regarding the use of criminal history in employment decisions.

Industry-Specific Requirements: Additional regulations for specific sectors like healthcare, education, or financial services that may have unique background check requirements.

FCRA Dispute Procedures: Requirements for providing information about how individuals can dispute the accuracy or completeness of criminal history information.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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