The FMCSA Clearinghouse has fundamentally changed how drug and alcohol violations are tracked. Gone are the days when a driver could simply switch states or wait for a violation to “fall off” a local record. Today, the Clearinghouse acts as a digital permanent record that follows your CDL everywhere.
At AACS Counseling, we help drivers understand exactly what is visible to the industry and how to navigate the digital trail left by a violation.
What employers actually see vs. what stays private
When an employer runs a query on your record, they don’t see your entire medical or counseling history. However, they see enough to determine your eligibility to drive.
- Limited Queries: These are “Yes/No” checks typically done annually. They only tell the employer if there is information in your record. They do not see the specific violation.
- Full Queries: Required before hiring. With your electronic consent, a prospective employer sees:
- The specific type of violation (e.g., positive test or refusal).
- The date the violation occurred.
- The Status: Whether you are “Prohibited” or “Not Prohibited.”
- SAP Progress: Dates of your initial assessment and when the SAP marked you as eligible for return-to-duty testing.
- What stays private: Employers do not see the clinical notes from your SAP sessions, your personal history shared during evaluations, or specific treatment details. They only see the milestones of your compliance.
How long SAP records affect hiring
A violation doesn’t stay visible forever, but it stays much longer than most drivers realize.
The 5-Year Rule: Violation information remains in the Clearinghouse for five years from the date of the violation determination, or until you successfully complete the entire Return-to-Duty (RTD) process and follow-up testing plan—whichever is later.
- Scenario A: If you complete your DOT SAP program and follow-up tests in 2 years, the violation stays on your record for a total of 5 years.
- Scenario B: If you ignore the SAP program for 6 years, the violation remains visible for all 6 years (and beyond) until you finish the process.
Clearinghouse myths (record removal, resets)
- Myth 1: “If I wait 5 years, it will just disappear.”
- Fact: As noted above, if you haven’t completed the RTD process, the violation stays “Prohibited” indefinitely. You cannot “outrun” the clock.
- Myth 2: “Getting a new CDL in a different state resets my record.”
- Fact: The Clearinghouse is linked to your identity, not just a single state license. When you transfer your CDL, your Clearinghouse record moves with you.
- Myth 3: “I can petition to have a positive test removed if I quit.”
- Fact: Records are only removed if they are proven to be factually inaccurate (e.g., a data entry error). Quitting your job or completing rehab does not remove the record of the initial violation.
Background check misunderstandings
Many drivers assume a standard background check will catch a drug violation. While some background checks do include Clearinghouse data, they are separate entities.
- Standard Background Check: Often looks for criminal convictions (DUI in court).
- Clearinghouse Query: Specifically looks for DOT administrative violations. Even if a DUI is dismissed in court, the DOT violation for a positive test remains in the Clearinghouse. Drivers are often shocked when they “win” their court case but are still “Prohibited” from driving by the FMCSA.
Frequently Asked Questions
Can employers see my SAP completion?
Yes. Once your SAP enters the date you completed your education or treatment, it is visible to any employer who performs a full query. This is a positive signal to employers that you are taking the necessary steps to return to work.
Does SAP stay forever on Clearinghouse?
No. It follows the 5-year/Completion rule. Once you have completed your follow-up testing plan AND five years have passed since the violation, the record is removed from the view of employers (though the FMCSA retains it for internal purposes).
Can I get hired before RTD completion?
No. An employer cannot legally allow you to perform safety-sensitive functions (driving a CMV) until your status in the Clearinghouse shows as “Not Prohibited.” You can be “pre-hired” or attend orientation, but you cannot get behind the wheel until the final Return-to-Duty test is reported as negative.
Don’t let a “Prohibited” status stall your career. At AACS Counseling, we are experts in the Clearinghouse process. We ensure your milestones are reported accurately and on time, so you can get back to work as quickly as possible.
Call 800-683-7745 today to update your SAP Evaluation status.