Sometimes Against the Law

In some cases, accessing somebody’s driving record without permission is against the law. However, it would probably qualify as a civil matter and not a criminal offense.

Driving records are public records and are by definition not private. What that means is essentially anyone can obtain your driving record without your permission. There are restrictions to the information people can ask for, and how they can obtain the information. Federal privacy laws require employers, for example, to obtain your permission before conducting a background check that might involve accessing your driving records. People requesting driving records must demonstrate that they have a need to see the records, not just because they feel like looking at a neighbor's record.

In the event that an employer or prospective employer wishes to obtain your driving record as part of a background check, they should ask for your written permission to proceed with the check. You have the legal right to decline their request and halt the background check.

Of course, employers who require background checks as part of the job application process will likely dismiss you from consideration, and it’s their legal right to do so. However, if an employer proceeds with a background check that includes accessing a driving record without your express consent, that is a violation of law. Any company that violates consent laws in conducting background checks is subject to civil action. This means you may have grounds for a lawsuit.

However, it is unlikely that a consent law violator would be charged formally with a crime unless there were extreme circumstances, such as widespread and reckless disregard for the law. If you believe somebody has unlawfully accessed your driving record without your permission, it is recommended that you speak to an attorney about your legal options.

Read Your Record

In the meantime, consider ordering a driving record for yourself. Ordering online is much faster than obtaining a driving record from the DMV, so take a moment now and order yours.