California MVR Reports and Driving Record Checks
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California employers may choose to conduct a California driving record check as part of their pre-employment background screening process. In some cases, a California driving record check may be required by law. This guide is designed to help you understand how to get an MVR in California, what an MVR includes, and how laws may impact driving record checks.
Key takeaways
- A California MVR is a detailed history of a driver's license status, convictions, and accidents maintained by the DMV
- Information typically stays on a record for 3, 7, or 10 years, potentially depending on the severity of the offense
- Records can be requested online, by mail, in person, or through a background check provider (CRA)
- Commercial employers may be required by law to conduct annual MVR checks and enroll in the Employer Pull Notice (EPN) program
- Employers must follow the FCRA and California’s ICRAA regulations, including obtaining written consent and following adverse action processes
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What is a California MVR?
A California driving record, also called a California MVR, is a history of an individual’s driving record in the state of California. Driving records are maintained by the California Department of Motor Vehicles (DMV). In some cases, such as commercial driving, an MVR in California may be required by law before employers hire a driver or once per year for already-employed drivers.
A single MVR check is different from a criminal background check or continuous MVR monitoring. Individual MVR checks are usually conducted during the hiring process. A background check covers more information than just driving. Continuous monitoring happens over time, when employers check their drivers’ MVRs on a regular cadence, such as annually.
What shows up on a California driving record?
California driving records generally include a range of reportable information about a driver and their motor vehicle history:
- Driver license information includes class, status, and endorsements. For example, a license can be classified as noncommercial or commercial. Endorsements indicate whether the driver is eligible to drive a specialized vehicle, such as a school bus or paratransit vehicle.
- Departmental actions include warning letters or license suspensions that accrue when a driver earns points for negligent operation of a vehicle. These points are assigned for traffic tickets, collisions, or driving-related violations.
- Driving-related convictions typically have a lookback period of 3, 7, or 10 years, depending on the offense.
- Car accidents, known as collisions in California, are typically reported on driving records for 3 years from the incident date when the collision is deemed the fault of the driver. In addition, if the collision involved a commercial vehicle or hazardous materials and was reported to law enforcement, it will remain on the driver’s driving record for 10 years.
How to get a driving record in California
Individuals and employers have a couple different options to obtain a California MVR:
- Individuals may obtain an unofficial copy of their driving record through the California DMV’s online Record Request system. They’ll be required to create an account, pay a fee, and save the record using a device.
- Individuals may also request an official copy of their driving record in person or by mail, using Form INF 1125.
- Employers may request an official copy of an individual’s driving record from the California DMV using Form INF 70. You must list a specific permissible use under the federal Driver’s Privacy Protection Act (DPPA) when you fill out this form, and you must attach written permission from the individual with the form when you submit it.
- Employers may also purchase an individual’s official driving record from a consumer reporting agency, such as Checkr, that conducts background checks and MVR checks on candidates for employment.
Employers in California must follow these guidelines when conducting driving record checks for the purpose of employment:
- Obtain written consent from the candidate before running the MVR check.
- Collect the candidate’s license information, including full name, issuing state, and license number.
- Submit the request from California’s DMV or a consumer reporting agency, like a background check provider.
- Review the driving record and determine whether there’s any negative information reported.
- If you may take adverse action based on the report, send the candidate a pre-adverse action notice and give them sufficient time to respond, usually 5 business days. If they respond and you still take adverse action, send a final adverse action notice as required by the Fair Credit Reporting Act.
If the DMV sends information to the employer, the DMV’s privacy policy requires it to notify the individual that their record has been requested.
What laws regulate MVR checks in California?
There are several federal and state-specific driving record laws that impact what information is available to employers and how they may access and use it.
Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) governs how the information reported in background checks are considered in hiring decisions. When background checks are conducted by a third-party consumer reporting agency, like Checkr, employers must do the following:
- Written disclosure: Provide a clear, standalone document stating that a background check may be used for hiring decisions.
- Candidate authorization: Obtain written permission from the candidate before ordering a background check.
- Pre-adverse action: Before making a final decision not to hire based on a report, provide the candidate with a copy of the background report and a summary of their rights under the FCRA.
- Final adverse action: After waiting a reasonable period for the candidate to respond (often one business week), notify the candidate of the final decision.
Driver’s Privacy Protection Act
The Driver’s Privacy Protection Act (DPPA) is designed to protect individuals’ private information on motor vehicle records and driver’s licenses, restricting it from the general public. Under the DPPA, personal information from state motor vehicle records may only be made available for certain permissible uses outlined in the law. The law does allow employers to verify information about holders of commercial driver’s licenses. It also permits businesses to receive motor vehicle information with the written consent of the driver.
Additionally, California supplements the DPPA with state laws, which govern when a requester is entitled to receive resident address information, and detailed regulations governing the administrative process through which companies may request MVRs from the DMV.
California Vehicle Code (CVC) § 1808
Under the California Vehicle Code, California employers of commercial drivers are required to obtain a driving record during the hiring process and conduct regular MVR checks every 12 months. Employers must also sign up for the Employer Pull Notice (EPN) program, which provides alerts of any new information on an employee’s driving record, such as license suspensions or convictions.
The law applies to employers of commercial drivers that operate a range of vehicles, including:
- Army and California National Guard vehicles
- Ambulances and fire trucks
- Buses and youth buses
- Farm labor vehicles
- General paratransit vehicles
- Tanks
- Taxicabs and other vehicles operated by a permitted taxicab company
- Trailers or double trails
- Tow trucks
- Vehicles carrying hazardous materials
California Investigative Consumer Reporting Agencies Act (Civil Code § 1786)
The Investigative Consumer Reporting Agencies Act (ICRAA) regulates how CRAs, known as investigative consumer agencies in California, conduct background checks. Under this law, the candidate has a right to review the CRA’s findings. The CRA must make the information available to the applicant should they request information:
- With proper identification in person
- In writing via certified mail
- In writing for a phone call to review the findings
It’s also the CRA’s responsibility to provide a written explanation of any codes found in the report and access to a trained individual who can explain the findings.
The Investigative Consumer Reporting Agencies Act (ICRAA) regulates how investigative consumer reports may be conducted. The definition of a consumer report, like a background check, under the ICRAA is actually stricter than the definition of a consumer report under the FCRA. California employers must do the following:
- State a permissible purpose for requesting the report.
- Provide a clear, conspicuous disclosure that explains thoroughly what the report may include and provides information about the consumer reporting agency that will conduct the investigative report.
- Receive written permission from the candidate to run the report.
Get an MVR check in California from Checkr
California organizations that employ drivers of company vehicles or other positions subject to safe driving regulations may choose to conduct California MVR checks. Partnering with a trusted CRA, like Checkr, to conduct California driving record checks can help save time and resources. With Checkr, MVR reports are generally available within one business day, though most complete within minutes. Checkr offers standalone MVR checks or they can be added to your screening package for a more comprehensive background check.
Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.
About the author
As Compliance Manager, Danielle analyzes the ever-changing laws and regulations affecting background screening to ensure that Checkr and its customers stay compliant. She also writes content to educate employers about background checks, screening best practices, and fair hiring laws.
