Do I have to tell an employee I’m ordering their driving record?

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Permission Required

Yes, whenever you’re conducting a background check of any kind, such as a driving record search, you must not only tell the employee first, you must get their permission.

The federal law that deals with employee background checks is the Fair Credit Reporting Act. The Act permits background checks on employees and job applicants, but it requires that an employer obtain permission from the employee before proceeding with the background search. An employee has the right to refuse, but the employer can then legally make an adverse hiring decision in response.

Access Restricted

Some states like Washington forbid accessing an employee driving record unless driving is a requirement of the job. So telling an employee and getting permission would not be sufficient. In cases where you are legally permitted to obtain an employee’s driving record, you might not have to get their permission each and every time you search the record as long as they’ve already agreed to regular checks. An example would be an employee who serves as a company driver or courier. Usually, these employees will sign employment contracts that stipulate that the employer will conduct regular driving record searches.

Once the employee agrees to the terms of the contract, you would be able to access their driving record when you need to.

Get a Driving Record

If you need to access driving records on a regular basis, you can either contact your DMV or, to make it much easier, simply order your driving records online. Ordering online means you won’t have to go to the DMV, so order your driving records today.

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