Under the FCRA, employers must obtain an applicant's consent before obtaining a consumer report. You do not need to disclose your criminal history or participate in a background check until a conditional job offer is made to you.A background check or investigation must begin with providing a written disclosure and obtaining consent. Background checks must comply with the federal Fair Credit Reporting Act and the California Investigative Consumer Reporting Agencies Act. Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment.