Department of Transportation (DOT) Background Check: An Employer’s Guide [2025]

When you’re hiring drivers for your transportation company, DOT background checks aren’t optional.

These checks verify your driver is qualified, has a clean enough record, and is legally allowed to operate a commercial vehicle.

Proper background screenings keep you compliant with federal regulations and protect your business from costly hiring mistakes.

This guide walks you through how DOT background checks work, so you can hire drivers with confidence.

What is a DOT Background Check?

A DOT background check is a comprehensive review of a commercial driver’s qualifications, driving history, and compliance with federal safety standards to ensure they can safely operate commercial vehicles.

Who Needs to Get One?

Under FMCSA regulations, companies must complete DOT background checks on applicants who will drive the following vehicle types:

• Commercial vehicles with a gross weight of 10,001 pounds or more
• Passenger vehicles carrying from 9 to 15 people, even when they are not used for profit
• Trucks of any size that transport hazardous materials under 49 U.S.C. §§ 5101-5126

Drivers who drive these types of vehicles must have Class A, B, or C commercial licenses.

If they drive trucks transporting hazardous materials, they also need to have a HAZMAT endorsement on their CDLs.

If you employ these types of drivers in interstate commerce, you will need to complete DOT background checks on each of them.

Why Should You Screen DOT-Regulated Drivers?

1. Maintain Compliance

Regulated employers must complete specific search types and pre-employment clinical tests on CDL drivers to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations.

2. Mitigate Liability Risks

DOT background checks identify drivers with poor driving histories and other issues so employers can exclude them. This reduces liability risks.

3. Protect Public Safety

Each year, the National Highway Traffic Safety Administration (NHTSA) reports that an average of 400,000 large truck crashes occur in the U.S., and 4,000 result in fatalities.

By identifying and excluding unsafe drivers through background checks, employers can keep public roadways safer.

What Does a DOT Background Check Consist of?

The screening requirements vary based on the type of driving position: CDL or non-CDL.

Requirements for Non-CDL Drivers

For regulated positions that don’t require a CDL, DOT rules still mandate specific screenings under 49 CFR Part 391, § 391.23, including:

1. Motor Vehicle Record (MVR) Check

You must review the applicant’s Motor Vehicle Records (MVR) for each state where they held a license in the past three years.

This check reports the following information:

• Driver’s license number and class
• Licensee’s legal name and registered address
• Issue and expiration dates
• Traffic violations, suspensions, and major offenses
• Current license status and any disqualifications

2. Employment Verification

You are required to verify the applicant’s past employment and driving-related performance for the previous three years, including:

• Employer names, job titles, and dates of employment
• Whether the position involved operating a commercial vehicle
• Safety performance history
• Any drug/alcohol violations reported (if applicable)
• Documentation of contact attempts with previous employers

3. DOT Physical Exam

All DOT-regulated drivers must pass a physical exam conducted by a certified medical examiner to confirm they’re medically fit to operate a commercial vehicle safely.

DOT Physical includes:

• Vision Test
  • Minimum 20/40 visual acuity in each eye (with or without corrective lenses)
  • Minimum peripheral vision of 70 degrees in both eyes
• Hearing Test
  • Must hear a forced whisper from five feet or less in at least one ear
  • May use hearing aids
  • Must not have hearing loss exceeding 40 decibels in the better ear
• Blood Pressure and Pulse Check
  • Examiner checks for high blood pressure and irregular heart rhythms
  • Vital signs are used to assess overall cardiovascular health
• Urine Test
  • Required for detecting possible underlying conditions like diabetes
  • Not a drug test, but screens for glucose, protein, and signs of infection or kidney issues
• Sleep Apnea Assessment
  • Required if symptoms such as excessive daytime sleepiness, loud snoring, or gasping during sleep are reported
  • May lead to further testing or follow-up requirements
• Physical Examination

The examiner will assess the driver’s:

• General appearance and alertness
• Eyes (for conditions like cataracts, glaucoma, or macular degeneration)
• Ears (checking for damage, infection, or other abnormalities)
• Throat and mouth (for signs of obstruction or breathing issues)
• Heart (listening for murmurs or irregularities)
• Lungs and chest (to detect respiratory issues)
• Abdomen (checking for hernias or organ abnormalities)
• Vascular system (including varicose veins or abnormal pulses)
• Genito-urinary system (to identify hernias or other concerns)
• Extremities and musculoskeletal system (to ensure a safe range of motion and no impairing deformities)
• Spine and back
• Neurological health (reflexes, coordination, and potential impairments)

Once the driver passes the DOT physical, they receive a Medical Examiner’s Certificate (MEC), which proves they meet the physical qualification standards.

The MEC must be issued by a certified medical examiner, renewed as required, and kept current to maintain a valid commercial driver status.

4. Criminal Background Check (Recommended)

While this is not an official DOT requirement, checking for past convictions can help you avoid hiring someone who may pose a safety risk.

Criminal background checks commonly include:

• Past convictions and pending charges
• Offense nature and severity level (Misdemeanor/felony)
• Offense date
• Court disposition and sentencing

Additional Requirements for CDL Driver Positions

If the role requires a CDL, the background check should include all of the above, plus these additional components:

5. DOT Drug Test

A pre-employment drug screening is mandatory under 49 CFR Part 382, § 382.301, unless a candidate can show that they were screened for drugs within the past six months or underwent random drug testing over the past year.

A DOT-certified lab must conduct the test, and any refusals or failed results require completion of return-to-duty protocols if applicable.

The screening checks for the following substances:

• Marijuana
• Cocaine
• Opiates – opium and codeine derivatives (heroin, fentanyl, oxycodone, oxymorphone, hydrocodone, etc.)
• Amphetamines and methamphetamines
• Phencyclidine – PCP

6. FMCSA Drug & Alcohol Clearinghouse Check

You are required to search the FMCSA Drug & Alcohol Clearinghouse for any drug or alcohol violations on record per 49 CFR Part 382, § 382.701.

This check must be completed before hiring and repeated annually for all current CDL drivers.

The Clearinghouse record may include:

• Refusals to test
• Failed drug or alcohol tests
• Completion of return-to-duty processes

7. Safety Performance History

Under 49 CFR § 391.23, you must request a Safety Performance History from each DOT-regulated employer the driver worked for in the past three years to evaluate their prior safety and performance record.

The Safety Performance History includes:

• Records of accidents
• DOT violations
• Drug/alcohol testing history

This documentation must be obtained within 30 days of the hire date and kept in the driver’s qualification file.

If the driver has no previous DOT-regulated employment, include a signed note in their file explaining this.

8. Driver’s Certification of Violations

49 CFR 391.27, which required drivers to certify violations and motor carriers to complete a driver’s certification of violations annually for each driver, was rescinded by a final rule issued by the FMCSA in May 2022.

Instead, you must check with each state in which the driver has held a license during the previous five years and compile a list based on that investigation.

This list must be certified and kept in their qualification file.

How to Run a DOT Background Check

1. Create a Comprehensive Policy for DOT Background Checks

Before you implement DOT background checks, create a comprehensive policy that includes specifics about what they should include.

Your policy should discuss DOT physicals, DOT drug screens, driver disqualifications, and other specific investigations required by regulators for safety-sensitive positions.

Thoroughly train your HR staff to ensure they understand the steps involved in the background check process, how to handle information when they receive reports, and the qualifications to look for when making hiring decisions.

2. Follow the FCRA’s Notice and Consent Rules

The FCRA mandates employers to adhere to its notice and consent rules.

You must notify applicants that your company performs background checks on a standalone form.

Do not include information about other things on this form.

Before a CRA will initiate a background check, you must also obtain the applicant’s signed consent.

3. Choose a Reliable Background Check Provider

To ensure your background checks are legally compliant, work with a reliable provider like iprospectcheck.

Our extensive access to reliable information sources and advanced research methods allow us to return accurate, compliant background checks quickly.

We also offer clinical services, including DOT drug tests and DOT physicals.

4. Choose Relevant Reports

When you conduct DOT background checks, you’ll want to only choose the reports relevant to your open positions.

DOT background checks typically include the following reports:

• Criminal records check
• DOT physical
• DOT drug test
• Employment verification with a safety performance history from employers in the last three years
• Motor vehicle records (MVR) check from each state in which the applicant has held a CDL
• Verification the driver has passed a road test

5. Individually Assess Convictions

If an applicant has a criminal conviction that doesn’t affect their CDL, evaluate it and compare it to the duties of the job and safety concerns before basing your decision not to hire them on the conviction.

6. Communicate With the Applicant

If you decide to hire the applicant after reviewing their background check, communicate with them.

Schedule their start date and onboarding appointment.

7. Complete the Adverse Action Process

If you decide not to hire an applicant because of the results of their DOT background check, the FCRA requires you to complete the following steps:

• Send a pre-adverse action letter – Notify the applicant that information in their background check might result in a denial of employment. Enclose a copy of the background check report that contains the information that concerns you. Include the form “A Summary of Your Rights Under the FCRA.”
• Provide a reasonable time to respond – Give the applicant a reasonable time to respond to the pre-adverse action letter. They can submit evidence showing the information is wrong or that they have been rehabilitated.
• Send a final adverse action letter – If you ultimately decide to turn down the applicant because of information from their DOT background check, send a final adverse action letter with a copy of their FCRA rights.

Laws and Regulations

Federal Laws and Regulations

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a major federal law that protects consumers’ privacy in information gathered, maintained, and reported by consumer reporting agencies (CRAs), including employment background check providers.

This law also applies to employers when they order and receive background checks from third-party providers.

Before conducting a background check, the employer must provide the applicant with written notice on a standalone form. This form can’t include any extraneous information.

They must also obtain the applicant’s written consent before initiating a background check.

CRAs that conduct background checks are not allowed to report the following information for jobs paying under $75,000 per year when it is seven or more years old:

• Arrests that didn’t lead to convictions
• Chapter 13 bankruptcies (Chapter 7 – 10 years)
• Paid tax liens
• Civil lawsuits
• Civil judgments
• Debt collection accounts

These time restrictions don’t apply to jobs with annual salaries higher than $75,000 or to other key information, including criminal convictions, employment history, driving history, education, license information, etc.

Before an employer can turn down an applicant for a job based on negative information in a background check, they must complete the adverse action process by taking the following steps:

• Send the applicant a pre-adverse action notice with a copy of the negative information from the report and the form “A Summary of Your Rights Under the FCRA.”
• Give the applicant a reasonable time to provide evidence that the information is inaccurate or that they have been rehabilitated.
• Send a final adverse action notice with a copy of the applicant’s rights if the employer still decides against hiring the applicant.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a law that prohibits employment discrimination based on an applicant’s or employee’s protected characteristics (including national origin, race, sex, color, religion, and others).

The Equal Employment Opportunity Commission (EEOC), which is the federal agency that regulates employers under Title VII and other federal anti-discrimination and civil rights laws, has issued guidance for employers on what they should do when a background check reveals arrests or convictions.

Employers should evaluate the conviction in terms of the position for which the applicant is under consideration before deciding not to hire them.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act is a relatively new law and applies to federal agencies and federal contractors.

Federal contractors must wait to complete background checks until after they have made contingent job offers, and can’t inquire about an applicant’s criminal history earlier in the hiring process.

Federal agencies can’t contract with companies that violate the Fair Chance to Compete for Jobs Act by inquiring about an applicant’s criminal history before extending an employment offer.

CDL Driving Records Investigation Requirement

49 CFR part 391, § 391.23 is the federal regulation that requires transportation companies to investigate the driving records of commercial drivers.

Under this rule, employers must comply with the following requirements:

• Within 30 days of when the driver will start working, the employer must check the driver’s record in each jurisdiction in which they have held a driver’s license or driving permit during the past three years.
• Check with each of the driver’s former employers during the past three years to investigate the driver’s safety record.
• Check the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse to obtain information about any drug or alcohol violations listed on the applicant’s record.
• Place copies of the applicant’s driving records from each jurisdiction in the qualification file and retain them.
• Deny employment for disqualified drivers.

Driver Disqualifications

The reasons for driver disqualifications are detailed in 49 CFR part 391, § 391.15.

Drivers might be disqualified for the following reasons:

• Driving under the influence of alcohol or drugs in a commercial vehicle
• License suspension, withdrawal, or revocation
• Refusal to submit to chemical testing
• Transporting Schedule I controlled drugs while on duty
• Possession or use of controlled drugs while on duty
• Leaving the scene of an accident
• Being convicted of a disqualifying felony with a commercial vehicle

For these violations, a first offense will result in one year of disqualification. A second or subsequent offense will result in a three-year disqualification period.

Drivers can also be disqualified for out-of-service order violations as follows:

• First violation – Disqualification from 90 days up to 12 months; for a first violation while transporting hazardous materials or driving a commercial bus designed to carry 15 or more passengers, disqualification from 180 days up to two years
• Second violation within 10 years – Disqualification from one to five years; three to five years if transporting hazardous materials or driving a commercial bus designed to carry 15 or more passengers
• Third violation within 10 years – Disqualification from three to five years

Drivers can also be disqualified for violating the rules prohibiting texting while driving or using handheld devices while driving commercial vehicles, as follows:

• Two texting or handheld device violations in three years – 60-day disqualification
• Three or more texting or handheld device violations in three years – 120-day disqualification

As previously noted, DOT-regulated employers are prohibited from hiring disqualified drivers.

Drug and Alcohol Testing Requirements

49 CFR part 40 includes the drug and alcohol testing requirements for applicants and employees in safety-sensitive positions that are regulated by the DOT.

Under this rule, applicants for safety-sensitive positions must submit to pre-employment DOT drug tests before they can work.

49 CFR part 40 was recently amended with an effective date for the final rule of June 1, 2023.

In the past, DOT drug tests were urine screens that checked for an applicant’s recent use of the following substances:

• THC/marijuana
• Cocaine
• Amphetamines/methamphetamines
• Opiates/opioids
• Phencyclidine/PCP

The updated rule allows oral fluid testing as an alternative to urine tests.

However, oral fluid testing can’t be implemented until the U.S. Department of Health and Human Services has certified at least two national labs, which hasn’t yet occurred.

This means that the only currently available DOT drug tests remain five-panel urine tests.

DOT-approved laboratories must conduct DOT drug tests. Employers are not allowed to hire applicants who fail DOT drug tests.

Driver’s Privacy Protection Act (DPPA)

The Driver’s Privacy Protection Act (DPPA) protects consumer privacy in the records held by state departments of motor vehicles.

Employers are prohibited from accessing this information without first obtaining a signed consent from applicants.

They also can’t use the information obtained for non-permissible reasons. If they do, the applicants can file civil lawsuits to pursue actual and exemplary damages.

State Laws

States have varying regulations that apply to DOT-regulated employers, so you should check your state’s laws to understand the requirements that apply to you.

Many states have passed ban-the-box laws that control when employers can perform background checks during the hiring process, and some states also have laws restricting pre-employment drug tests.

However, most ban-the-box and pre-employment drug-testing laws specifically exempt employers that must conduct background checks and drug tests under other laws, including DOT regulations.

Get Your DOT Background Check With iprospectcheck

At iprospectcheck, we specialize in fast, accurate DOT background checks tailored to the transportation industry.

Our reports help you stay compliant, hire safely, and move forward with confidence, backed by responsive service and reliable results.

Contact us today to learn more about how we can assist you with all of your DOT background check needs or request a free quote.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.