Whether an employer can discover a suspended driver’s license is a common concern during employment screening. The answer depends heavily on the specific requirements of the job and the employer’s screening policies. For roles involving operating a company vehicle or requiring driving as an expected function, employers are highly likely to review the applicant’s driving history. The relevance of a license suspension determines whether an employer seeks out this information during hiring or performance review.
How Employers Access Motor Vehicle Records
Employers obtain driving history information through a standardized document known as a Motor Vehicle Record (MVR), issued by the state’s Department of Motor Vehicles or equivalent agency. An MVR functions as a consumer report under federal law, governing how the data is collected and shared for employment purposes. Retrieving this record is typically outsourced to a third-party background screening firm, known as a Consumer Reporting Agency (CRA). These agencies act as intermediaries, accessing state databases to compile the necessary information for the employer.
The MVR provides a detailed view of the individual’s driving status, including violations, convictions, and administrative actions taken against the license. This summary explicitly lists the current status of the license, such as whether it is valid, suspended, or revoked, along with the dates of any past infractions. Employers rely on this system to ensure that employees expected to drive are legally authorized to operate a vehicle. The lookback period for an MVR check varies by state, generally ranging from three to seven years, though the current license status is always reported.
The Mandatory Requirement of Employee Consent
Federal regulations strictly govern the employer’s ability to obtain an MVR, mandating a process designed to protect individual privacy. Before running a background check that includes an MVR, the employer must notify the applicant or employee in writing that a consumer report may be requested. This disclosure must be presented clearly, often in a document consisting solely of the notification. The individual must then provide explicit written authorization before the Consumer Reporting Agency can proceed.
This requirement applies to both pre-employment screening and checks conducted on existing employees, such as annual reviews for driving positions. If an employer intends to run periodic checks, this expectation must be clearly stated in the initial disclosure and authorization documents. Failure to secure proper consent, or embedding the disclosure within other application materials, can lead to compliance violations.
Job Roles Where a Suspended License Is Critical
The impact of a suspended license is directly proportional to the job function’s reliance on driving. For roles requiring a Commercial Driver’s License (CDL), a suspended license is an immediate disqualifier because the status is tied directly to the legal ability to perform the work. This applies to long-haul truckers, bus drivers, and transportation professionals whose primary function is operating a commercial vehicle. Delivery personnel, couriers, and field service technicians who drive company vehicles or receive mileage reimbursement also fall into this category.
A suspension in these roles creates substantial liability and insurance risks, as company insurance policies typically become void if an employee is driving without a valid license. Even for positions without dedicated driving, a suspension can be problematic if the job includes occasional tasks like running errands, attending off-site meetings, or transporting equipment. In these scenarios, the employer can generally withdraw a job offer or terminate employment because the individual cannot fulfill the essential functions of the position.
Why Suspension Information Is Public Record
The status of a driver’s license, including any suspension or revocation, is recorded and maintained by the state government, making the information a matter of public record. This data is officially cataloged by the Department of Motor Vehicles (DMV) or equivalent state agency as part of the individual’s driving history. However, the term “public record” does not imply that the information is freely accessible to the general public.
Access to this personal data is highly regulated by federal and state laws, most notably the Driver Privacy Protection Act (DPPA). The DPPA restricts the disclosure of personal information from motor vehicle records, preventing unauthorized individuals from casually looking up another person’s license status. It includes specific exceptions for authorized entities, such as employers with a permissible purpose like employment screening for a driving-related job. These parties are legally allowed to access this status information, provided they follow the necessary disclosure and consent procedures.
Legal Limitations on Using Driving Record Information
When an employer uses an MVR to make a negative decision, such as denying a job offer or terminating employment, they must adhere to the adverse action process. This procedure protects the individual by ensuring they have an opportunity to review the report and dispute any inaccuracies before the decision is finalized. The first step requires the employer to issue a pre-adverse action notice, which includes a copy of the MVR and a summary of the individual’s rights under federal law.
The individual is typically given a reasonable period, often five business days, to review the documents and contact the Consumer Reporting Agency to correct errors. If the employer decides to proceed with the negative decision after this waiting period, a final adverse action notice must be issued. This final notice informs the individual of the decision and provides the name and contact information of the agency that supplied the report. If the job does not involve driving, the employer faces limitations on using a suspended license for adverse action, as the finding must be relevant to the ability to perform the essential functions of the role.