Many individuals may not be aware that, in many areas of the country, it is against the law to conduct a background check on a person without their express consent.  Due to privacy laws, many places have made conducting a criminal background check without the permission of the subject an invasion of their privacy, which can results in legal fines and lawsuits for the person doing the searches.  This is why many people that conduct background checks on a routine basis use a criminal background check disclosure to obtain permission from the subject before conducting the background check.

A criminal background check disclosure is often a simple form that requires the subject to fill out some personal information that will be used to conduct the background check and sign in a specific area to indicate that they consent to have the background check conducted on them.  The criminal background check disclosure may also include an explanation for why the background check is required and how the information obtained will be used.  If the person refuses to sign the criminal background check disclosure, it is generally seen as refusal to consent to a background check and will result in the person being disqualified for employment.