The Clearinghouse Pre-Employment Query for CDL Drivers
Before a new CDL driver can drive or do any other safety-sensitive work for you, you must run a pre-employment query in the FMCSA Drug and Alcohol Clearinghouse. It must be a full query, and the driver must give consent inside the Clearinghouse. Here is how it works and what to do with the result.
Updated September 28, 2026 · Checked against the federal regulations
What the rule requires
Under 49 CFR 382.701(a), you must not let a driver perform a safety-sensitive function until you have run a pre-employment query of the Clearinghouse.
The query checks for drug and alcohol program violations. That includes verified positive, adulterated, or substituted drug tests; alcohol tests of 0.04 or higher; refusals to test; and employer reports of actual knowledge of drug or alcohol use.
The pre-employment query must be a full query. A limited query is not enough for a new hire.
Getting the driver's consent
A full query needs the driver's specific consent, and it must be given electronically inside the Clearinghouse. A paper form does not work for a full query.
That means the driver must be registered in the Clearinghouse and have verified CDL information in their account. If the driver does not see your request, have them check that their CDL is verified. Then make sure you typed the CDL number exactly the way the driver entered it.
If the driver refuses to consent, you cannot let them perform safety-sensitive functions for you.
- 1. You (or your designated C/TPA) enter the driver's CDL information and send a consent request.
- 2. The driver logs in to their own Clearinghouse account and approves it.
- 3. The full query runs and you see the result.
When to run it
Run it before the driver does any safety-sensitive work for you. You do not have to run it before a road test, because the road test happens before hire. You may run it at that time if you want.
If the Clearinghouse is down, FMCSA will post a notice on its home page. Only then may you hire using the manual inquiries in 49 CFR 391.23(e). You still must run the query once the system is back up. If there is no notice, the query is required before the driver starts.
What happens if records are found
If the query shows an unresolved violation, the driver is prohibited. You cannot let them perform any safety-sensitive function.
A driver with a violation can be cleared only after the return-to-duty process. That means a SAP evaluation, education or treatment, and a negative return-to-duty test. If the driver still has follow-up tests left, you can hire them only if you take over managing those follow-up tests.
Records and follow-up
The rule says to keep a record of each query for 3 years. Since January 6, 2023, keeping a valid Clearinghouse registration meets that rule, because the Clearinghouse keeps your query history.
The Clearinghouse query also covers the drug and alcohol part of the previous-employer check for past FMCSA-regulated employers. For past employers under other DOT agencies (FAA, FRA, FTA and others), you still have to ask them directly. Keep copies of those answers in the driver investigation history file.
If new information is added to a driver's record within 12 months of your query, FMCSA emails you. You should then run a full follow-on query within 24 hours.
The query is not the same as the pre-employment drug test in 49 CFR 382.301. You need both. Pact Compliance can send consent requests and run the query for you as your designated C/TPA.
Common questions
Can I use a limited query for a new hire?
No. 49 CFR 382.701(a)(2) says the pre-employment query must be a full query, which needs the driver's specific consent.
Does the driver have to register in the Clearinghouse?
Yes, for a pre-employment query. FMCSA says a driver must be registered to give electronic consent for a full query, and that includes all pre-employment queries.
What if the driver will not consent?
You may not let that driver perform safety-sensitive functions for you. Refusing consent to you does not affect the driver's work for other employers.
Do I have to run the query before a road test?
No. FMCSA says the road test comes before hire, so the query is not required first. You may run it at that time if you choose.
Do I still need to keep printed query results?
Not for FMCSA. Since January 6, 2023, a valid Clearinghouse registration meets the 3-year record rule. You may still keep copies if you want.
Does the query replace the pre-employment drug test?
No. The pre-employment drug test in 49 CFR 382.301 is a separate requirement. You need a verified negative result before the driver performs safety-sensitive functions.
Sources
- 49 CFR 382.701 Drug and Alcohol Clearinghouse (eCFR)
- 49 CFR 382.703 Driver consent (eCFR)
- 49 CFR 382.301 Pre-employment testing (eCFR)
- FMCSA Clearinghouse FAQ: Queries and Consent Requests
- FMCSA Clearinghouse news: Tips on conducting queries
- FMCSA Clearinghouse news: You must purchase a query plan (consent)