Do I need permission from a job candidate before I access their driving record?

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Permission Required

Yes, federal law requires that you as an employer obtain permission from a job candidate before conducting a background search that may or may not include a driving record.

Sometimes Not Permitted

In some states, however, you won’t be able to get access even with their permission if the job does not require driving. Most people do not need permission to obtain a driving record on someone else. Driving records are public records and are by definition available to everyone, with restrictions.

There are restrictions depending upon your purpose for accessing those records. For example, employers conducting background checks cannot proceed without first obtaining permission from a job candidate.  If the purpose of accessing the driving record is to conduct a background check for hiring purposes, you do need permission.

Keep in mind that your state may forbid the access to a driving record when driving is not related to the job. So even with permission, you are forbidden by law to access a driving record on a job candidate. If you’re an employer and you have permission to access a driving record, you can easily order driving records online. Take a moment now and order your driving record in only minutes.

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