Yes. There are two processes for correcting or removing information, depending on the nature of the requested correction or removal. Under 49 CFR 382.717, drivers may (i) request that FMCSA correct administrative errors (e.g., errors in data entry or the removal of a duplicate report from a driver’s Clearinghouse record); (ii) request that FMCSA add documentary evidence of a non-conviction to an employer's report of actual knowledge that the driver received a traffic citation for DUI while driving a commercial motor vehicle if the citation did not result in a conviction; and (iii) request that FMCSA remove from the Clearinghouse a report that a driver failed to appear for a test or that the employer has actual knowledge that the driver has used alcohol or controlled substances if the violation report fails to comply with the reporting requirements in § 382.705(b)(3) and (5). Drivers may not challenge the accuracy or validity of test results, test refusals, or other violations under § 382.717 but may submit a request for correction under the Privacy Act, as described below. See the Submitting a Petition for Data Review job aid to learn how to submit a request for correction under § 382.717.

Drivers wishing to request correction of a test refusal, test result, or other violation information in their Clearinghouse record may do so in accordance with the Privacy Act procedures set forth in 49 CFR Part 10, Subpart E and F. See Requests for Record Correction Under the Privacy Act job aid to learn how to submit a Privacy Act request for correction.

As of March 8, 2023, an employer will be notified via email if a driver they have queried has new information (such as an updated return-to-duty status, a removed violation, or a new violation) recorded in their Clearinghouse record within 12 months of a pre-employment or annual query. The Query History will also be updated to reflect that new information is available. This change is permitted as a “routine use” of the driver’s information under the Privacy Act and is set forth in FMCSA’s System of Records Notice for the Clearinghouse, accessible at 2019-22915.pdf (govinfo.gov).

Note: Previously, email notifications about new driver information were sent to employers within 30 days of a conducting pre-employment queries only. This has been expanded as described above.

Yes. The Clearinghouse is a Federal system of records subject to the Privacy Act. For example, the Agency will verify the driver’s consent for the release of certain information prior to allowing an employer to access the driver’s Clearinghouse record. In addition, drivers may access their own Clearinghouse record.

Further, Drivers have the right to request inaccurate information in their Clearinghouse record be corrected. In accordance with the Department of Transportation’s Privacy Act procedures in 49 CFR part 10, subpart E, drivers may submit a written request to the Chief, Drug and Alcohol Programs Division, detailing the correction and the reasons the record should be so corrected. For full instructions on how to submit a request, see the Requests for Record Correction Under the Privacy Act job aid.