Revoked, Suspended, Expired: Why License Status Matters To Employers
Verifying the status of a drivers license through an MVR check helps you assess a candidate’s legal eligibility to operate a vehicle.
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Sarah Archambault
13 min read
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Texas driving records are often used by employers to gain insight into a candidate’s driving history and determine eligibility to operate a vehicle or machinery. An MVR in Texas may help employers create a safer work environment, promote public safety, mitigate risk, and save on insurance. This guide covers what Texas employers need to know about conducting a Texas MVR and what federal, state, and local laws may apply.
A Texas driving record, also known as a motor vehicle record (MVR), shows a range of information about a candidate’s license status and driving history, including license status, accident history, and more serious vehicle-related incidents, like DUIs. Employers often use MVRs to screen candidates for roles that require operating a motor vehicle or machinery. In some cases, like rideshare drivers, a Texas MVR may be required by law.
Motor vehicle records for Texas license holders are maintained by the Texas Department of Public Safety (DPS). Checking a candidate’s record through Texas DPS will show their driving history in Texas, including DUIs, but will not show motor vehicle records from other states. For a more complete picture of a candidate’s driving history, employers may consider searching driving records in all states where the candidate has held a drivers license.
Both non-certified and certified driving records in Texas are available from the Texas DPS. The six types of driving records in Texas include:
Many employers choose to conduct MVR reports in Texas during the pre-employment screening process to help identify potential areas of risk in a candidate’s driving history. Employers most often review Texas driving records for positions that involve operating company vehicles or machinery.
Hiring managers may consider conducting a Texas MVR check to help safeguard both employees and customers, protect against potential liability claims, and mitigate risk. Performing driving record checks—before hiring and regularly during employment—can also help your organization maintain the ability to have a commercial auto insurance policy and prevent increases to insurance premiums.
In some cases, Texas MVR reports are required by federal law. For instance, the Federal Motor Carrier Safety Administration (FMCSA) mandates employers conduct motor vehicle record checks during the hiring process and annually thereafter if the organization
operates vehicles weighing more than 10,000 pounds, vehicles that seat nine or more passengers, or vehicles that carry hazardous materials.
Commercial driving positions federally regulated by the Department of Transportation (DOT) are also required to undergo a DOT background check. This includes a check of driving records from the previous three states where a candidate held a license or permit.
In Texas, some positions are also subject to state and local regulations. For example, school bus drivers must submit to a Texas MVR check going back seven years, both prior to employment and annually after employment begins. The Texas Department of Licensing and Regulation (TDLR) requires drivers for ridesharing services to undergo a pre-employment screening that includes an MVR for driver safety, as well as a criminal background check and sex offender registry search.
How to get a driving record in Texas depends on who is conducting the MVR check and the type of records needed. Individuals can order a Texas driving record online through the Texas DPS website or by mail using Form DR-1. Records can only be requested one at a time, and there is a limit for how many additional requests can be made.
Employers can use the same Texas DPS site to search Texas driving records on their own, though many employers choose to work with a third-party provider, like GoodHire, instead. In addition to providing MVR reports quickly and accurately, a qualified CRA can search in multiple states at once, providing a more comprehensive report.
Organizations that choose to partner with a CRA, are mandated to follow the federal regulations of the Fair Credit Reporting Act (FCRA). Under the FCRA, employers must notify a candidate of their intent to conduct a background check (including a driving record check) and receive consent from the individual prior to moving forward. Should information appear that may impact the hiring decision, employers are required to follow the adverse action process.
What information shows up on an MVR report in Texas depends on the type of record ordered. Here is a closer look at what each record shows:
Because complete lists of accidents and violations (Types 3 and Type 3A) are only available to the license holder, employers may opt for a three-year motor vehicle report in Texas (Types 2 or Type 2A) when conducting a pre-employment background check. If you require a longer lookback period, you may choose a complete driving record (Type AR). Depending on how you request the records, how far back employers can check driving records in Texas may be restricted to seven years by the FCRA.
Previously, the Texas driving record point system was a method used by Texas DPS under the Driver Responsibility Program (DRP) to monitor and address the driving behaviors of licensed drivers in the state. Under this system, points were added to a Texas driving record for various traffic violations.
It was repealed in 2019 and the state no longer uses the system. Instead, Texas now tracks the number of moving violations a driver commits. A driver’s license can be suspended if they accumulate four or more moving violations within a 12-month period or seven or more within a 24-month period. Violations are recorded on the driving record, and insurance companies may adjust rates based on these violations.
Although there are no statewide ban-the-box restricting the use of MVRs in pre-employment screening, it does regulate access to and use of data contained in Texas driving records. Because driving records contain personal identifying information and data such as home addresses, employers should take care to obtain written consent before searching MVRs, and to handle the information they receive securely.
The following laws regulate how employers—and the public—may access and use Texas MVRs.
This federal law protects the private information contained in state motor vehicle records from being disclosed to the general public. The law lists 14 allowable exceptions, including employers needing to confirm commercial driver’s licenses and cases in which signed written consent is given for disclosure.
This Texas driving law prohibits the disclosure and use of personal information contained in motor vehicle records, except as authorized by the individual or by law. Employers, general contractors, nonprofits, charitable organizations, and religious institutions can obtain or verify information in the motor vehicle records of their employees, contractors, or volunteers with the consent of the license holder. You may not sell or disclose any personal information you receive.
This statewide law requires governmental agencies, including the DPS, DOT, and DMV, to release information in response to a request for information. Requests that may be exempted from disclosure under the PIA are reviewed by the Open Records Division, which determines whether the request should be permitted or withheld.
How much a driving record costs in Texas depends on who is conducting the search and the type of driving records ordered. When employers choose to perform Texas MVR checks directly, reports may need to be ordered individually. Costs vary from $4.50 to $22, depending on the type of record. For instance, a complete driving history (Type 3) costs $7.50, and the certified Type 3A is $12.
Partnering with a CRA is often more cost-effective for employers—and saves the hassle of a DIY approach. With GoodHire (a Checkr company), employers can benefit from customizable background check packages starting at $29.99.
Employers that require employees to safely operate vehicles or equipment may use an MVR check in Texas as part of a comprehensive Texas background check. Texas motor vehicle record checks provide employers insight into a candidate’s driving history to help support a safer working environment for your employees and customers while also reducing potential legal risks and helping ensure public safety.
GoodHire offers employers the ability to get a motor vehicle report in Texas as part of our 100+ screening options. And our built-in workflows, easy-to-use online platform, and compliance tools can help your organization create a more efficient background check process with faster, more accurate results. Get started.
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
Sarah writes about small business topics and corporate communications. She has written on a wide range of topics, including background checks, hiring trends, company culture, and employee training and development. Her work includes educational articles, press releases, newsletters, and employee onboarding collateral.
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