It varies by state. Federal law allows employers to require background checks, which may include accessing a driving record, as long as the employer obtains permission first. Some states like Washington, however, allow an employer to demand driving records only when driving is a condition of employment for the employee or applicant.

Employer Rights

As an employer, you can demand to conduct a background check on employees or prospective employees as a requirement for the job. This may or may not include obtaining a driving record. However, federal law requires you to first get the permission of the employee or job applicant before conducting any background check. In addition, while some states allow employers to obtain driving records as part of any standard background check, other states, like Washington, are more restrictive. In Washington, the job must involve driving in some capacity in order for the employer to obtain a driving record on an employee or job applicant.

Increasing Restrictions

An increasing number of states are adding greater restrictions to federal law in light of what is perceived to be employer abuses of background checks. Employers now look to things like driving records and credit reports to construct a risk profile of job applicants, even when the items in those reports have no direct connection to the job and do not demonstrate one’s ability to perform a job adequately. So, if you’re requiring driving as part of the job, you can proceed with a background check that includes driving records as long as you get permission first.

If you are permitted to access the driving records of your employees or job applicants, you can order driving records online. Sure, you can always check with the DMV, but obtaining driving records online is much faster and easier and will save you a lot of hassle.