FMCSA Clearinghouse: Employer Guide to Queries and Consent

The FMCSA Drug and Alcohol Clearinghouse is a federal online database of drug and alcohol program violations by commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders. Employers covered by 49 CFR Part 382 must run a full query before a driver performs safety-sensitive functions and query each current driver at least once a year.

This guide explains who uses the Clearinghouse, the difference between full and limited queries, how driver consent works and how to read a query result. It does not cover how DOT drug and alcohol tests are collected or administered.

What Is the FMCSA Clearinghouse?

The Clearinghouse is a secure database run by the Federal Motor Carrier Safety Administration (FMCSA) under 49 CFR Part 382, Subpart G. It has operated since January 6, 2020, and employers access it at clearinghouse.fmcsa.dot.gov.

What the Clearinghouse records

• Verified positive, adulterated or substituted drug test results
• Alcohol confirmation tests with a concentration of 0.04 or higher
• Refusals to test
• Employer reports of “actual knowledge” of prohibited drug or alcohol use, as defined in 49 CFR 382.107 (for example, direct observation of use or a driver’s admission, with limited exceptions)
• Return-to-duty (RTD) milestones: the substance abuse professional’s reports, negative RTD test results and completion of follow-up testing

How long violation records remain available

Under 49 CFR 382.719, a violation stays visible to querying employers until the driver has completed the RTD process and follow-up testing and five years have passed since the date of the violation determination. In practice, that means five years or the completion of follow-up testing, whichever is later.

Who Uses the Clearinghouse?

Each role has its own registration and responsibilities. Employers and service agents must register before they can query or report information.

Employers must report the violations they are responsible for by the close of the third business day after they obtain the information, under 49 CFR 382.705.

Registration. Registration is free. Employers with a USDOT number register with their FMCSA Portal credentials, and each authorized user signs in with a Login.gov account. Since April 27, 2026, FMCSA also requires an identity verification step for certain new registrations, including employers without a Portal account and C/TPAs.

Who is not covered. Under 49 CFR 382.103(d), Part 382 does not apply to employers and drivers who are subject only to Federal Transit Administration (FTA) testing rules, and certain other exceptions apply. FMCSA’s guidance says the query requirements still apply to a driver who performs any FMCSA-regulated functions, even if most of the driver’s work falls under another DOT agency.

Full Query vs. Limited Query: What Is the Difference?

A limited query tells you whether a driver’s record contains any information. A full query shows you the details. 49 CFR 382.701 sets out when each one is required.

According to FMCSA’s query plan page, employers must buy query plans directly from the Clearinghouse, and a C/TPA cannot buy them for the employer. If a limited query finds information and the employer follows up with a full query, FMCSA charges once for both.

When Must Employers Query the Clearinghouse?

Before a new driver performs safety-sensitive functions

An employer must not use a driver covered by Part 382 for safety-sensitive functions without first running a full pre-employment query. FMCSA’s query and consent FAQs say the query is tied to hiring, so it is not required before a road test given to an applicant, although an employer may run it then.

Since January 6, 2023, the pre-employment query is also how employers meet the three-year drug and alcohol history inquiry for previous FMCSA-regulated employers under 49 CFR 391.23(e)(4). If the driver worked in the past three years in a testing program under another DOT agency, such as the FAA, FRA or FTA, you must still request that history directly from those employers. Violations under those programs are not reported to the Clearinghouse.

At least once a year for current drivers

Employers must query every driver they employ under Part 382 at least once a year. FMCSA tracks this on a rolling 12-month (365-day) basis from the date of the last query, or another 12-month period the employer sets, as long as the regulation is met. A pre-employment query starts the clock for a new hire.

After FMCSA notifies you of a change

Since March 2023, FMCSA emails an employer when new information is added to a driver’s record within 12 months after that employer’s pre-employment or annual query. FMCSA advises running a full follow-on query within 24 hours. That query also resets the annual query date.

How Does Driver Consent Work?

Under 49 CFR 382.703, no employer may query the Clearinghouse without the driver’s consent. The type of consent depends on the query.

• Limited query consent is a general consent obtained outside the Clearinghouse, on paper or electronically. FMCSA offers a sample form. You must keep it for three years from the date of the last query it supports.
• Full query consent is given by the driver inside the Clearinghouse for each full query. The driver must have a Clearinghouse account to respond.

If a driver refuses to give the required consent, the employer may not allow the driver to perform safety-sensitive functions. Clearinghouse consent is a separate step from the disclosure and authorization an employer obtains before ordering a background check from a consumer reporting agency.

Clearinghouse information also has limited uses. Under 49 CFR 382.723, an employer may use it only to decide whether a prohibition applies to a driver’s safety-sensitive work, and may share it only with people directly involved in that decision.

How to Read a Clearinghouse Query Result

The result tells you whether a driver may perform safety-sensitive functions for you. It does not tell you whether to hire the driver for other reasons. The table below summarizes the common outcomes and the next step under Part 382.

If a driver believes the record contains an administrative error, such as a duplicate report, the driver can petition FMCSA under 49 CFR 382.717. A petition cannot be used to challenge the accuracy of a test result itself.

What Changed With Clearinghouse II in November 2024?

The second Clearinghouse rule, often called Clearinghouse II, set a November 18, 2024 compliance date for new state requirements. Under 49 CFR 383.73, state driver licensing agencies must check the Clearinghouse before issuing, renewing, transferring or upgrading a CDL or CLP. When FMCSA notifies a state that a driver is prohibited, the state must remove the commercial privilege from the driver’s license (a “downgrade”) within 60 days.

FMCSA’s CDL downgrade FAQs explain that the driver can have the privilege reinstated after completing the RTD process, where state law permits. For employers, the query requirements did not change. A downgrade may appear on a driver’s state record, but it does not replace the pre-employment or annual query.

The Return-to-Duty Process in Brief

A driver in prohibited status must complete the RTD process in 49 CFR Part 40, Subpart O. FMCSA’s RTD infographic shows how each step is recorded in the Clearinghouse:

1. The employer gives the driver a list of qualified SAPs, and the driver requests one in the Clearinghouse
2. The driver designates the SAP
3. The SAP completes an initial assessment and reports the date
4. After education or treatment, the SAP determines the driver is eligible for RTD testing and reports that date
5. The employer reports a negative RTD test result. The driver is no longer prohibited at this point.
6. The employer reports completion of the SAP’s follow-up testing plan

Many drivers with violations have not started this process. In FMCSA’s January 2026 monthly summary, 329,183 drivers had at least one violation as of February 1, 2026. Of those, 210,007 were in prohibited status, and about 80% of prohibited drivers had not begun the RTD process.

Common Clearinghouse Mistakes to Avoid

• Using a limited query for a new hire. A pre-employment query must be a full query.
• Treating a C/TPA contract as enough. The employer must also designate the C/TPA inside the Clearinghouse and update changes within 10 days.
• Letting the annual window lapse. Track the 365-day date for each driver, including drivers hired mid-year.
• Losing limited query consents. Keep them for three years and be able to produce them on request.
• Assuming the Clearinghouse covers every DOT program. Violations from FAA, FRA, FTA and other non-FMCSA programs require a direct request to those previous employers.
• Overlooking follow-up testing. A “not prohibited” driver may still have follow-up tests remaining that a new employer must manage.

Where the Clearinghouse Fits in CDL Driver Hiring

The Clearinghouse covers one part of a driver’s history. FMCSA’s driver qualification rules also require other checks, such as a motor vehicle record from each state where the driver held a license in the past three years and an investigation of safety performance history with DOT-regulated employers from the past three years. A negative DOT pre-employment drug test is a separate requirement from the query.

GoodHire’s guide to DOT background checks covers these components, and its driver qualification file checklist explains what records to keep. GoodHire offers MVR checks, employment verification, criminal background checks and DOT drug tests. The Clearinghouse itself is operated by FMCSA, and queries are run in FMCSA’s system by the employer or its designated C/TPA.

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Jeff Boggess covers criminal background checks, motor vehicle records (MVR), DOT compliance, and international screening at Checkr, along with the technology behind them: Checkr AI, accuracy programs, and the people data graph. He focuses on turning complex screening regulations and public records data into practical guidance for employers.