Short Answer

In the Clearinghouse, a driver's record shows violation status once a reportable event occurs under 49 CFR Part 382, such as a verified positive drug test, an alcohol confirmation test of 0.04 or higher, or a refusal to test. That status remains visible for 5 years from the date of the violation or until the driver completes the full Return to Duty process, whichever is later. If the driver never completes that process, the violation remains in the Clearinghouse indefinitely.

Detailed Explanation

What Triggers Violation Status

Violation status is created any time a CDL holder subject to Part 382 has a verified positive drug test, an alcohol confirmation test result at or above 0.04, a refusal to test, or another violation described in 49 CFR § 382.701.

The 5 Year Retention Rule

Once created, a violation record generally stays in the Clearinghouse for 5 years from the date of the violation, 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 happens later, under 49 CFR § 382.719.

What Happens if the Process Is Never Completed

If a driver never completes the Return to Duty process, the violation does not age off after 5 years. It remains in the Clearinghouse indefinitely, which means the driver continues to show as prohibited from safety sensitive duty for as long as the record exists.

Applicable Regulations

49 CFR § 382.701 governs violation reporting, and 49 CFR § 382.719 sets the retention timelines described above. Both are part of Part 382, Subpart G. The Return to Duty steps referenced in the retention rule are set out in 49 CFR Part 40, Subpart O.

Professional Observation

In my experience, some drivers assume a violation simply disappears after five years no matter what. That is not accurate. The five year period only applies once the Return to Duty process is completed. An incomplete process keeps the record open regardless of how much time has passed.

Common Misconceptions

Misconception

Every Clearinghouse violation clears automatically after five years.

Reality

The five year clock runs from the violation date, but the record only clears once that period has passed and the driver has completed the Return to Duty process. An incomplete process keeps the violation open indefinitely.

Why the Confusion Occurs

People sometimes compare the Clearinghouse to other background record systems that have flat expiration periods regardless of an individual's actions.

Related Articles

• What Does Return to Duty Status Mean in the Clearinghouse?
• How Long Do Clearinghouse Records Remain Visible?
• What Is the FMCSA Drug and Alcohol Clearinghouse?

Primary Authorities/Sources

• 49 CFR § 382.701, Drug and Alcohol Clearinghouse
• 49 CFR § 382.719, Availability and removal of information
• 49 CFR Part 40, Subpart O (SAP evaluation and Return to Duty process)

Need to Resolve a Violation on Your Record?

Completing the Return to Duty process, including follow up testing, is what ultimately resolves an open violation. A DOT qualified SAP can help you get started.

Schedule an Initial SAP Assessment