You should get written consent from the person authorizing them to conduct a criminal background check. Many state agencies require this - before you obtain consent, you can try contacting your local police department to see if there is a consent form that they require. They may also be able to point you to the correct agency to actually get your background check performed. But provided you have consent, there should be no issues with you getting the check done.
Here is an example of a form: http://www.ivyapartments.com/downloads/backgroundcheckconsent.pdf
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