Truck Driver Background Checks: What You Can and Can’t Do

Are you 100% sure you’re running truck driver background checks the right way?

If not, you could be one small mistake away from fines, lawsuits, or even a DOT audit.

Too often, companies skip a step or ask the wrong question — and it costs them.
 We’ve seen this happen to fleets of all sizes. Hiring the wrong driver can lead to serious problems, and it usually starts with a background check that wasn’t done by the book, or not done at all.

At Superior Trucking Payroll Service, we don’t handle compliance checks ourselves — but we work with companies who do, and we understand how important it is to get this right.

In this article, you’ll learn exactly what you can and can’t do when running a CDL driver background check — and how to stay on the right side of the law.

Why Truck Driver Background Checks Are Critical for Safety and Compliance

Hiring the wrong driver can cost you time, money, and possibly your business.

A background check helps you:

Keep unsafe drivers off the road
Reduce your risk of accidents or violations
Protect your company from fines and lawsuits
Follow federal rules from the DOT
Make better hiring decisions

But there are rules you have to follow. If you check the wrong information — or skip steps — it could lead to trouble with the DOT or even legal action from a rejected driver.

Here are the things you should do to make sure your background checks are done the right way:

Do Follow FMCSA Requirements

If you’re hiring CDL drivers, you must follow DOT rules. These rules come from the Federal Motor Carrier Safety Administration (FMCSA).

You’re required to check:

The driver’s safety performance history
Results from any past drug and alcohol tests
Past employers (within the last 3 years)

You must get written consent from the driver before doing these checks.

Do Use the PSP (Pre-Employment Screening Program)

The PSP report gives you access to a driver’s:

Crash history (from the past 5 years)
Roadside inspections (from the past 3 years)

Using PSP reports is not required, but it’s highly recommended. Many companies use this report to make safer hiring choices.

Do Request a DAC Report (When Available)

A DAC report gives more background on a driver, including:

Previous employers
Work history
Driving violations
Accidents and incidents

Not every company reports to DAC, so the report may not be complete. But if you choose to use it, make sure you get the driver’s written permission first.

Do Follow the FCRA (Fair Credit Reporting Act)

The FCRA is a federal law that protects job applicants during background checks. If you’re using a third-party company to run checks (like a DAC report), you must:

Get written permission from the driver
Give the driver a copy of the report if you decide not to hire them because of what it says
Give the driver a chance to dispute or correct any errors

This is called taking adverse action, and you must follow this process every time.

Do Check CDL and Endorsements

You should always verify:

That the driver has a valid Commercial Driver’s License (CDL)
That any required endorsements (like Hazmat or Tanker) are active and not expired

You can do this through the CDLIS (Commercial Driver’s License Information System) or state motor vehicle records (MVRs).

Do Keep Good Records

You need to store all background check documents in the driver’s qualification file.

This includes:

Consent forms
Safety performance history
Drug and alcohol test results
MVR checks

Keep these records for the time required by the DOT — usually three years.

These are the things you should not do when checking a truck driver’s background:

You must always get written permission before running a background check. Running a check without consent is illegal and could lead to lawsuits or fines.

Don’t Ask Illegal Interview Questions

You cannot ask questions about:

Arrests that did not lead to a conviction
Age, religion, race, gender, or disability
Family plans (like having kids or taking time off)

Stick to questions that relate to the driver’s job performance and safety record.

Don’t Assume All Reports Are Correct

Reports like PSP and DAC sometimes contain errors. A driver has the right to:

See the report
Dispute any wrong information
Provide their side of the story

Always allow time for the driver to respond before making a final decision.

Don’t Use Background Checks to Discriminate

You must apply your hiring policy the same way to every driver. For example, if you reject one driver for a certain violation, you should reject all drivers with the same issue.

The Equal Employment Opportunity Commission (EEOC) can investigate your company if your policy affects one group of people more than others (this is called disparate impact).

Don’t Forget About State Laws

Some states have stricter background check laws than the federal rules. 

A few things to check:

Ban-the-box laws (you can’t ask about criminal history until later in the hiring process)
Rules about when and how you can run a check
Limits on what types of records you can use

Make sure you understand the laws in your state — or work with a trusted partner who does.

Common Background Check Mistakes That Put Your Fleet at Risk

Even good companies can make small errors that lead to big problems. Here are a few common mistakes to avoid:

Using outdated or incorrect forms
Skipping steps to speed up the hiring process
Not training staff on compliance rules
Failing to keep proper documentation
Rehiring old drivers without updating their records

Taking a little extra time to do it right can save you from fines, legal issues, and bad hires.

How We Support Clients with Trusted Compliance Partners for Background Checks

At Superior Trucking Payroll Service, our job is to make sure your drivers get paid on time, every time. While we don’t handle DOT compliance or background check rules directly, we know how important these things are to your business.

That’s why we partner with Wide Open Road Compliance, a company we trust when it comes to driver qualification files and hiring compliance.If you need help making sure your hiring process follows the rules, check out this article to learn more about how they can support you.

The Trucking Payroll People Have A New Partner – Trucking Compliance Just Got Easier!

Final Thoughts: Do Background Checks the Right Way

Hiring the right drivers starts with doing background checks the right way.

Now that you know what’s legally required — and what can land you in trouble — you’re in a much better position to protect your fleet and your company.

It’s easy to miss a step or use the wrong form, especially when you’re trying to move fast. But those small errors can lead to big problems like DOT fines, safety issues, or even lawsuits. That’s why it’s so important to slow down and get it right.

If you’re ready to take the next step toward fewer headaches and better compliance support, start with your payroll partner.

Click the button below to see how your payroll provider can either hold you back — or help you move faster with fewer risks.

Payroll Solutions for Trucking Companies: Why Different Matters

At Superior Trucking Payroll Service, we know you have enough on your plate. You handle tight schedules, long hours, and razor-thin margins — and you deserve partners who truly understand how the trucking industry works.

We may not run background checks, but we connect you with the right experts so you stay focused on what you do best.

Written by Mike Ritzema

Before founding Superior Trucking Payroll Service, Mike was the CFO of a trucking company with 80 trucks and a thriving brokerage. This experience gave him the perspective that a payroll solution has to make the lives of the office people better. All the solutions he has designed are to benefit everyone. Our company mission is to help trucking families and that includes the company owners, the drivers, and the office.

Scroll to Top