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FCRA compliance checklist generator.

Configure the hire — state, role type, add-on searches — and get a printable, jurisdiction-specific FCRA and state-law compliance checklist. Every item cites the source statute.

Short answer

FCRA compliance for employers comes down to a stand-alone disclosure, written authorization, a permissible purpose, and the two-step adverse action sequence — documented and retained.

Before ordering: give a clear, stand-alone disclosure with no liability waiver, obtain signed authorization, and certify permissible purpose to the screening agency. After the report: review it before acting, run an individualized assessment where required, and follow the pre-adverse and final adverse action steps. Keep disclosures, authorizations, notices, and delivery dates on file.

Role add-ons

Your checklist

Pre-order (before running the report)

  • ☐ Stand-alone FCRA disclosure delivered
    FCRA §1681b(b)(2)(A) — clear and conspicuous disclosure in a document that consists solely of the disclosure.
  • ☐ Written authorization obtained
    Obtain written authorization before ordering. Confirm applicable retention rules with counsel; the FCRA disclosure provision does not itself specify a five-year personnel-file minimum.
  • ☐ Permissible purpose documented
    Employment purposes under FCRA §1681b(a)(3)(B) certified to the CRA.
  • ☐ California state disclosure layered on top
    Dual ICRAA + CCRAA disclosure; July 2024 FEHA regulations expand criminal-record assessment requirements.

If adverse action considered

  • ☐ Pre-adverse action notice delivered
    FCRA §1681b(b)(3)(A) — includes a copy of the consumer report and the CFPB Summary of Rights.
  • ☐ Reasonable waiting period observed
    Allow a reasonable opportunity to review and dispute the report before a final decision; the FCRA does not prescribe a universal five-business-day minimum. Check applicable state and local rules with counsel.
  • ☐ California Fair Chance / individualized-assessment steps
    Cal. Gov. Code §12952 requires a conditional offer before the criminal inquiry, an individualized assessment, and a five-business-day pre-adverse and post-adverse notice sequence. Los Angeles, San Francisco, San Diego, and Long Beach add overlays. San Francisco's Fair Chance Ordinance amendments effective August 10, 2026 (Ord. No. 128-26) add protected out-of-state conviction categories, a 14-day acknowledgment and 30-day final-decision deadline, and $1,000 first-violation penalties.
  • ☐ Final adverse action notice delivered
    Includes CRA name/address/phone, statement that the CRA did not make the decision, and applicant's right to a free file disclosure and §1681i dispute rights.

Retention & documentation

  • ☐ Confirm and document the applicable records-retention period
    Retention depends on the record, agency rules, applicable employment law, and litigation holds; no universal five-year FCRA period applies to every employer file.
  • ☐ Adverse action audit trail retained
    Copy of pre-adverse, waiting-period documentation, applicant response (if any), individualized-assessment worksheet, final adverse action letter.

Example results

These scenarios are fictional. Each result below is what the tool returns for those exact inputs.

California · general role

Inputs

  • • Applicant state: California
  • • No role add-ons

Result

Pre-order (before running the report) · If adverse action considered · Retention & documentation

The baseline pre-order, adverse-action and retention sections are shown; the state-specific text comes from the state guide data.

New York · investigative report

Inputs

  • • Applicant state: New York
  • • Investigative consumer report: yes

Result

Pre-order (before running the report) · Investigative consumer report · If adverse action considered · Retention & documentation

The investigative-report section is inserted between the pre-order and adverse-action sections.

Texas · driving and healthcare

Inputs

  • • Applicant state: Texas
  • • MVR: yes
  • • Healthcare / federal programs: yes
  • • DOT-regulated CDL driver: no

Result

Pre-order (before running the report) · MVR / DOT · Healthcare & sanctions · If adverse action considered · Retention & documentation

Both selected add-on sections appear. The DOT items do not appear when that option is off.

How the tool works

  • • The checklist always renders pre-order, adverse-action, and retention sections. Investigative, driving/DOT, and healthcare selections append their corresponding sections; DOT also selects driving in the form.
  • • State labels and state-specific notes come from the site's state-screening reference data. Checkboxes let you track progress on a printed copy; this tool does not store a completed candidate file.

Limits and exclusions

  • • This is an educational checklist, not a complete jurisdiction-specific legal review. State and local rules, job duties, report type, and agency practice may change what is needed.
  • • Selecting the DOT option assumes a DOT-regulated CDL role; the form does not determine whether a CDL or federal driver rule actually applies. Confirm eligibility with the dedicated DOT tool and counsel.
  • • Retention periods and waiting windows must be confirmed for the particular record and jurisdiction. Do not use this checklist to calculate a final adverse-action date; use the timeline tool and counsel review.

Primary sources

Links checked October 3, 2026.

Related

Educational tool. Not legal advice. Confirm any final compliance decisions with employment counsel.

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