California Driving Record and MVR Checks

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 with commercial drivers, a MVR in California may be required by law before hiring or on an annual basis.

Under the California Vehicle Code (CVC), described more below, driver’s license and vehicle registration records are available from the DMV by request. Organizations may conduct a CA driving record screening as part of pre-employment background checks where driving safety is a top concern. Employers can choose to look into a candidate’s driving record directly through the DMV or partner with a trusted consumer reporting agency, like Checkr.

California driving records generally include a range of reportable information about a driver and their motor vehicle history, including:

California has two categories of driver’s licenses, noncommercial and commercial, each with several sub-types of licenses as follows:

Noncommerical driving license types:

Commercial driving license (CDL) types:

Additional commercial certificates and endorsements that allow a driver to operate certain types of vehicles like ambulances, farm labor vehicles, fire trucks, tow trucks or school buses, may also appear on CA driving records.

Driving records, available through the California DMV, can be requested by individuals, employers, or CRAs. Individuals can request an unofficial copy of their California MVR and print an unofficial copy of their driving record using the online system. Official copies must be requested in person or by mail using the INF 1125 form.

If an individual needs a copy of their MVR for employer use, such as part of a pre-employment background check, they may choose to submit their driving record directly to the employer. Employers may also request a California MVR for candidates and employees directly through the California DMV by submitting a copy of the INF 70 form. However, if the DMV sends information to the employer as a result of this request, the DMV is required by their privacy policy to notify the individual that their record was requested.

Many employers choose to streamline the process by using a qualified CRA, like Checkr, to obtain MVR checks in California. When background checks are conducted through a CRA, including California driving record screenings, employers must comply with the Fair Credit Reporting Act (FCRA). These federal regulations help protect the candidate and ensure proper disclosure of the intent to conduct a background check, require consent in writing, and require the employer to follow the adverse action process if a candidate is not hired due to information that appeared in the check. 
In addition, California employers also need to comply with the Investigative Consumer Reporting Agencies Act (ICRAA), which has stricter requirements than the FCRA about what can be included on a candidate’s background check, including an MVR.

California employers can be required by law or may choose to conduct a California MVR check during the hiring process to help maintain safety and protect brand reputation. Additional reasons for conducting an MVR report in California may include:

The US Department of Transportation (DOT) requires organizations that conduct interstate commerce to conduct pre-employment and annual employee DOT background checks for all commercial drivers. Organizations that operate certain types of commercial vehicles, such as commercial trucks, vehicles that transport hazardous materials, and passenger vehicles with a capacity for nine or more passengers may also be subject to Federal Motor Carrier Safety Administration (FMCSA) regulations.

California Vehicle Code § 1808 (see law below) requires covered employers to conduct a California MVR check for certain commercial driving positions. These include bus drivers, truck drivers, paratransit vehicle drivers, and taxi drivers. Under this law, covered employers must also sign up for the state’s pull-notice system which alerts employers to changes in a driver’s motor vehicle history on an ongoing basis.

Conducting a motor vehicle report in California can help employers mitigate risk. Reviewing a candidate’s driving history can help you determine their qualifications and eligibility for the role. Employees with poor driving history, especially on-the-job accidents or traffic violations, may affect your insurance premiums and even your ability to maintain a commercial policy.

There are several California driving record laws that may impact what information is available and how it can be accessed and used by employers.

Summary: This federal law is designed to protect private information on motor vehicle records and driver’s licenses from being available to 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 allows employers to verify information about holders of commercial driver’s licenses. The law also allows businesses to receive motor vehicle information with the written consent of the driver. See law.

Summary: Under this law, California employers of commercial drivers are required to obtain a driving record during the hiring process and conduct regular MVR checks at least every 12 months. Employers must also sign up for the Employer Pull Notice (EPN) program that 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, buses, farm labor vehicles, fire trucks, general paratransit vehicles, tanks, taxicabs and other vehicles operated by a permitted taxicab company, trailers or double trails, tow trucks, vehicles carrying hazardous materials, and youth buses. See law.

Summary: California public records that are open to inspection can be viewed by any person, unless the record is exempt from disclosure by law. But under the Public Records Act, viewing times are limited to the office hours of the agency that maintains them. Certain records may also be available online. See law.

Summary: The California Investigative Consumer Reporting Agencies Act (ICRAA), regulates how CRAs – or investigative consumer agencies as they are referred to 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 should the applicant request information with proper identification in person, in writing via certified mail, or ask in writing for a phone call to review the findings. It is also the CRA’s responsibility to provide a written explanation of any codes found in the report and access to a trained person to explain the findings. See law.

California organizations that employ drivers of company vehicles, employees that drive for sales calls, 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 1 business day, though most complete within a few minutes. Checkr offers standalone MVR checks or they can be added to your screening package for a more comprehensive background check.

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.