Short Answer

A violation record generally remains visible in the Clearinghouse for 5 years from the date of the violation, or until the driver completes the full Return to Duty process, whichever occurs later. If the Return to Duty process is never completed, the record remains visible indefinitely, with no automatic expiration.

Detailed Explanation

The General Rule

Under 49 CFR § 382.719, a violation record stays in the Clearinghouse for 5 years from the violation date or until the driver completes the full Return to Duty process (evaluation, education or treatment, the Return to Duty test, and follow up testing), whichever is later.

Why "Whichever Is Later" Matters

If a driver completes the full Return to Duty process in, say, two years, the record is still generally retained through the remainder of the five year window measured from the violation date, since the rule uses whichever period ends later. If instead the process takes longer than five years to complete, for example because a follow up testing plan can extend up to 60 months under 49 CFR § 40.307, the record stays visible until the process is actually finished.

What "Visible" Means for Employers

While a record remains within this retention window, it stays discoverable through Clearinghouse queries. A limited query will show that a record exists, and a full query, with the driver's consent, will show the underlying details, for as long as the record remains in the system.

Applicable Regulations

49 CFR § 382.719, part of Part 382, Subpart G, sets the retention rule described above. The follow up testing plan referenced in that rule is governed by 49 CFR § 40.307.

Professional Observation

In my experience, drivers who are counting toward the five year mark sometimes lose track of the fact that an incomplete Return to Duty process keeps the record open regardless of how many years pass. Completing follow up testing is what ultimately controls when the record can close, not the calendar alone.

Frequently Asked Questions

Does completing follow up testing immediately remove a violation from the Clearinghouse?

Completing follow up testing satisfies the process side of the retention rule, but the record generally remains visible until the later of that completion date or the five year mark from the violation date.

Is there a way to remove a violation before the retention period ends?

The research reviewed for this article did not identify an early removal process outside of standard procedures for correcting inaccurate reporting. For questions about a specific record, contact FMCSA or the reporting employer or service agent directly.

Related Articles

• What Does Violation Status Mean in the Clearinghouse?
• What Does Return to Duty Status Mean in the Clearinghouse?
• What Is Follow Up Testing?
• What Is the FMCSA Drug and Alcohol Clearinghouse?

Primary Authorities/Sources

• 49 CFR § 382.719, Availability and removal of information
• 49 CFR § 40.307, SAP's follow up testing plan

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Finishing a SAP prescribed follow up testing plan is what closes an open Clearinghouse violation. A DOT qualified SAP can confirm where you stand.

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