Employers can check an applicant’s driving record, a standard component of background screening, particularly for positions involving driving. This review of an individual’s Motor Vehicle Record (MVR) provides insight into their history behind the wheel, which carries considerable weight in a hiring decision. Understanding this screening process is important, as a poor driving history can affect employment.
The Requirement of Consent for Employer Access
An employer cannot access a person’s driving record without their full knowledge and consent. Before requesting an MVR, the employer must obtain explicit written authorization from the applicant or employee. This authorization is typically provided on a separate document to ensure clear disclosure. For roles involving driving, a company may require ongoing consent, permitting them to conduct periodic checks. Continuous monitoring ensures that employees who drive for work maintain a satisfactory record throughout their employment.
The Legal Framework Governing Driving Record Checks
The federal Fair Credit Reporting Act (FCRA) governs the use of driving records in employment, classifying the MVR as a “consumer report.” This law establishes specific rules employers must follow when they obtain and use these reports for hiring purposes. The FCRA mandates a stringent process, requiring clear disclosure and the applicant’s written authorization. Employers must also certify to the consumer reporting agency that they have a permissible purpose for requesting the MVR. State laws, such as those in California or Massachusetts, can impose additional, stricter limits on how driving records are used.
What Is Included in a Motor Vehicle Record (MVR)?
A Motor Vehicle Record (MVR) is a detailed history of a person’s licensed driving, maintained by the state’s Department of Motor Vehicles (DMV). The look-back period for the report typically varies by state, frequently covering three to seven years. The MVR confirms the driver’s license status, noting if it is active, suspended, revoked, or expired, along with the license class. The report details all moving violations, accumulated points, and involvement in accidents. Crucially, the MVR documents convictions for serious offenses, including Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Job Roles Where Driving Records Are Essential
A review of a candidate’s driving history is performed when job duties involve operating a vehicle for company business. These checks are mandatory for positions where driving is a core function, such as commercial truck drivers, delivery personnel, and couriers. The requirement also extends to non-commercial roles that use a company car or personal vehicle for work, including field sales representatives and traveling healthcare workers. A poor MVR significantly increases the company’s liability exposure and commercial insurance premiums. Verifying a clean record helps companies mitigate the risk of negligent hiring claims and potential lawsuits stemming from accidents.
The Employment Impact of a Poor Driving History
A negative finding on a driving record can significantly affect a hiring decision, especially for jobs that involve driving. If an employer finds concerning information, such as multiple violations or a serious offense like a DUI, they must follow a specific adverse action procedure mandated by the FCRA. This process gives the applicant an opportunity to dispute the report’s accuracy. The employer must first send a pre-adverse action notice, which includes a copy of the MVR and a summary of the applicant’s FCRA rights. If the applicant does not successfully dispute the information, the employer can then issue a final adverse action notice to confirm the decision not to hire.
Proactively Reviewing Your Own MVR
Individuals should proactively obtain a copy of their own Motor Vehicle Record before submitting job applications. This personal review ensures the information reported to potential employers is accurate. If errors are discovered, the individual can request a correction from the state agency before the record is used in a background check. Records can typically be requested online, in person, or by mail through the local Department of Motor Vehicles (DMV). Having a current MVR allows the job seeker to prepare a concise explanation for any issues, helping them address concerns directly with a prospective employer.