Motor vehicle record (MVR) checks in hiring: FCRA, DPPA and DOT rules

A motor vehicle record (MVR) check pulls a candidate's state driving record: license status and class, suspensions, violations and accidents. For hiring, three sets of federal rules apply. If a background screening company supplies the MVR, it is a consumer report under the Fair Credit Reporting Act, so you need a stand-alone disclosure, written authorization and the adverse action steps. The Driver's Privacy Protection Act controls how states release personal information from those records. For commercial drivers, FMCSA rules require a 3-year MVR from every licensing state within 30 days of hire, a previous-employer safety check, an annual review and Drug and Alcohol Clearinghouse queries, as of October 2026.

Our FCRA background check process lists MVRs as one report type among many, and the truck driver and delivery driver screening guides cover the interview. This page is the MVR itself: when it is a consumer report, what the DPPA allows, the CDL pre-hire file, and checks after hiring.

Is an MVR a consumer report under the FCRA?

Usually, when you buy it from a screening company. The FCRA defines a consumer report as a communication "by a consumer reporting agency" bearing on a person's "character, general reputation, personal characteristics, or mode of living" used for "employment purposes" (15 U.S.C. 1681a(d)), and a consumer reporting agency as anyone who, for fees, regularly assembles or evaluates information on consumers to furnish consumer reports to third parties (1681a(f)). A background screening company that retrieves a driving record and passes it to you fits that pattern. If your company pulls a record directly through a state's own process instead, check that state's rules; many employers follow the FCRA steps either way so that one process covers every check.

What FCRA steps apply to an MVR check?

15 U.S.C. 1681b(b) sets the sequence for employment reports:

1. Certify to the screening company that you have made the disclosure and will follow the adverse action rules, and that the information "will not be used in violation of any applicable Federal or State equal employment opportunity law" (1681b(b)(1)).
2. Disclose and get authorization: "a clear and conspicuous disclosure ... in a document that consists solely of the disclosure", and the candidate's written authorization, which may be on the same document (1681b(b)(2)(A)).
3. Before rejecting someone based even partly on the MVR, give them a copy of the report and the summary of their rights (1681b(b)(3)(A)), and allow time for them to respond.
4. After the decision, send the adverse action notice. The FTC's guidance for employers says it must include the reporting company's contact details, that the company did not make the decision, and the right to dispute the report and get a free copy within 60 days.

Our background check notification email template covers the candidate-facing wording.

The trucking exception

For positions where the Secretary of Transportation sets qualifications and hours of service under 49 U.S.C. 31502, or positions under state transportation safety regulation, and where the candidate's only contact so far has been "by mail, telephone, computer, or other similar means", the FCRA allows notice and consent "orally, in writing, or electronically" (1681b(b)(2)(B) and (C)). If you then take adverse action, you must give a combined oral, written or electronic notice within 3 business days (1681b(b)(3)(B)). It suits remote driver recruiting; once you meet the candidate in person, the standard rules apply.

What does the Driver's Privacy Protection Act allow?

The DPPA bars state motor vehicle departments from knowingly disclosing personal information from motor vehicle records except for listed uses (18 U.S.C. 2721(a)). Two permitted uses matter for hiring:

• (b)(9): "For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49."
• (b)(13): "For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains."

For non-CDL roles such as delivery or field service, written consent under (b)(13) is the usual basis, which is another reason to word your FCRA authorization so it also covers the driving record. Note the scope: the DPPA's "personal information" (name, address, photo, Social Security number, driver ID and similar) "does not include information on vehicular accidents, driving violations, and driver's status" (18 U.S.C. 2725(3)). Screening companies that resell the data may redisclose it only for a permitted use and must keep records of each recipient and purpose for 5 years (2721(c)). Anyone who knowingly obtains, discloses or uses the information for an impermissible purpose can be sued for actual damages but not less than $2,500 in liquidated damages, punitive damages for willful or reckless disregard, and fees (18 U.S.C. 2724).

What are the DOT rules for hiring CDL drivers?

Since January 6, 2023, carriers subject to 382.701(a) must use the Clearinghouse for the drug and alcohol part of the previous-employer check with FMCSA-regulated employers (391.23(e)(4)). FMCSA also notifies an employer if a violation is entered for a driver within 30 days after a query (382.701(c)). For interview questions that fit these requirements, see the truck driver screening questions and, for passenger roles, the school bus driver guide.

How far back does an MVR go?

It depends on the state that issues the record and the record type you order; states set their own retention periods and offer different lookback options, so the same driver can show three years of history in one state and more in another. For CDL hiring, the federal floor is fixed regardless: a 3-year record from each state the driver was licensed in. For other roles, decide your lookback in your written policy and apply it consistently, rather than taking whatever the state happens to return.

Can you keep monitoring an employee's driving record?

The FCRA does not ban checks during employment, but each report needs a valid authorization. The FTC's employer guidance says that if you want the authorization "to allow you to get consumer reports throughout the person's employment", you must say so clearly and conspicuously. If you plan annual re-pulls or a continuous MVR monitoring service, put that in the disclosure and authorization at hire, and repeat the pre-adverse and adverse action steps before acting on anything the monitoring finds. For CDL drivers the annual review in 391.25 is mandatory anyway.

Should you run MVRs when driving is only part of the job?

Run them where driving is a real duty: driving a company vehicle, carrying clients or goods, or driving your own car on company business often enough to matter to your insurer. For roles where driving is incidental, an MVR adds little and still triggers the full FCRA process, and the information must not be used in breach of equal-opportunity laws under the certification in 1681b(b)(1). A practical policy:

1. List the roles that require driving and the license class each needs, in the job description.
2. Set written criteria per role (for example, no license suspension in the lookback period; no more than a stated number of moving violations), and get your insurer's requirements in writing.
3. Run the MVR after a conditional offer where state law requires that order, and apply the same criteria to everyone in the role.
4. Give candidates a chance to explain errors or context before deciding, through the pre-adverse action step.
5. For CDL roles, build the driver qualification file from day one: MVRs, safety history replies, Clearinghouse queries and the annual review note.