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Most likely, yes. While there are some guidelines that dictate when an employer can run background checks at the federal and state levels, there don’t seem to be any limits on when that employer can request consent for the background checks. As long as the employer adheres to the Fair Credit Reporting Act (FCRA) and state rules regarding standalone disclosures and releases, there should be no issue with having applicants sign releases prior to an offer. As a best practice, just to make sure everyone is on the same page, the employer should inform applicants of the company’s timeline for running reports.