What if a job candidate refuses to let me see their driving record?

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If federal and state law permits you to screen a job candidate’s driving record and the job candidate refuses to allow you access, you are legally permitted to dismiss them as a job candidate.

Job Applicants and the Law

Federal privacy laws empower job candidates to refuse to submit to employer background searches. By law, you are required to obtain a job applicant’s permission before conducting a background search such as a driving record search. And in some states like Washington, you are forbidden by law to access a job candidate’s driving record unless the job entails driving. If you are legally permitted to access a job candidate’s driving record and they deny you permission, you can dismiss them as a candidate for the job.

Employers and the Law

However, you cannot obtain their driving record without their permission. And if your state forbids access to driving records for non-driving related jobs, you cannot circumvent the law. It’s always best to inform a job candidate of his or her legal rights when requesting permission to conduct a background search that includes a driving record. Most job candidates will consent to your request because they know they’ll be disqualified for the job if they refuse. When you’re ready to start conducting driving record searches on your job candidates, you can order your driving records online.

You can also check with the DMV, but ordering driving records online is much faster and more convenient.

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