The short answer

When an employer asks a background reporting company for a report about you for employment, federal law generally requires the employer to give you a clear, separate written disclosure and obtain your written permission first. Exceptions and additional state or local rules may apply. An employer’s own research is a different situation: the particular federal rules for reports from a background reporting company do not automatically apply to every search an employer performs itself.

If you are unsure whether you gave permission, ask the employer what check was ordered, who performed it and for a copy of any authorization you signed. Avoid sending sensitive documents until you have verified the recipient and the submission method.

The FTC explains these protections for job applicants and employees. This guide covers US employment screening, not tenant screening or security-clearance investigations.

When does an employer need permission for a background check?

Before obtaining an employment report from a background reporting company, an employer generally must tell you in a clear written disclosure that it may use the information for employment decisions and get your written authorization. The disclosure must be in a document separate from the job application; the authorization can be included in the same document as the disclosure. See the FTC’s guidance on using consumer reports.

A reporting company may check public records, employment or other sources as part of its report. The fact that a source is public does not by itself turn the reporting company’s employment report into an employer’s own direct search. What a particular check includes depends on what was ordered; see what employment background checks show.

Some authorizations may cover reports obtained later during employment if the disclosure clearly and conspicuously says so. Do not assume a new form is required for every subsequent report, or that a signature automatically permits every possible check forever. Read the wording and ask the employer what it covers.

Can an employer check public records or social media without asking?

An employer may also gather information itself, for example by reviewing public social-media information. The consumer-report disclosure and authorization rules discussed above concern reports obtained from a reporting company; they do not automatically apply simply because an employer conducts its own search. Other federal, state or local requirements may still apply, and employers must not use background information in a discriminatory way. The EEOC explains background-check protections.

If you do not know who conducted a check, ask whether the employer used a screening company and whether a report was ordered. That distinction helps you identify the relevant process.

Read the disclosure and authorization carefully. If anything is unclear, ask the employer or the named screening provider:

  • Who is requesting the report and which company will prepare it?
  • What checks are being requested for this role, and how can you obtain the report?
  • Does the authorization describe further reports during employment?
  • How should you submit identity or employment documents securely?

Keep a copy of the form and any instructions. A disclosure is not necessarily an itemized list of every search; asking about the specific package can help you prepare. Use the secure document submission guide before sharing sensitive information.

What if you do not give permission?

You can ask questions before deciding whether to authorize a report. An employer may decide not to continue with an application if you decline a required background check, so ask how declining will affect your application. The precise rules and your options depend on the facts and applicable law.

What if you think a background check was run without permission?

First, gather the facts rather than assuming a violation occurred:

  1. Ask the employer whether it ordered a report from a background reporting company, and request the company’s name and a copy of any authorization you signed.
  2. Ask how to obtain a copy of the report and review what it contains. Keep the relevant messages and dates.
  3. If the report contains inaccurate or incomplete information, follow the steps in the background-check errors guide. A dispute about report accuracy is different from a question about whether permission was obtained.
  4. If the authorization remains unclear, consider contacting the FTC or CFPB or seeking advice about the rules that apply to your situation.

You could write: “I understand a background check may have been requested for my application. Please tell me whether a screening company prepared a report, provide its contact information and share a copy of any authorization I signed.”

What happens if the employer may reject you because of the report?

When an employer is considering an adverse employment decision based on a report from a background reporting company, federal law generally requires it to provide a copy of the report and a summary of your rights before taking that action. Review the information promptly and contact the reporting company if you find an error. These steps do not guarantee a particular hiring outcome. The FTC describes the process; our guide to a failed background check after a job offer explains candidate next steps.

Frequently asked questions

For an employment report from a background reporting company, the employer generally must provide the required disclosure and obtain written permission first. Exceptions and other applicable rules can affect the answer. Ask for the authorization and identify who prepared the report if you are uncertain.

No. The form concerns permission to obtain a report; the report contains the information the screening company provides. Keep the authorization and request the report through the appropriate employer or provider process.

Does signing once cover every future background check?

Not necessarily. The terms matter. FTC guidance says a disclosure can cover reports during employment if it clearly and conspicuously says so. Ask the employer if you need clarification about the form you received.

Your next step

Use the Background Check Prep Packet to organize the facts, questions and supporting records relevant to your situation.