If you get an MVR through a background screening company, yes: federal law requires a disclosure and the driver’s authorization before the report is pulled. If you order directly from a state, the state’s own rules apply, and several let employers of CDL holders get a record without the driver’s signature.
Through a screening company: the FCRA
A screening company that supplies MVRs for hiring or for reviewing current drivers is a consumer reporting agency, so the Fair Credit Reporting Act’s employment rules apply (15 U.S.C. 1681b(b)):
- Before the report: give the driver a clear and conspicuous written disclosure that a report may be obtained for employment purposes, in a document that contains only that disclosure, and get the driver’s written authorization. The authorization can be on the same document.
- Your certification: you certify to the screening company that you made the disclosure, got authorization, will follow the adverse-action rules, and won’t use the report in violation of equal employment opportunity laws.
The trucking exception. For a job under DOT’s qualification and hours-of-service authority, or under a state transportation agency’s safety rules, the process is lighter if the driver has so far applied only by mail, phone, computer or similar means. You can give the notice and a summary of rights orally, in writing or electronically, and the driver can consent the same ways.
Before you reject a driver: adverse action
If you decide against a driver based in whole or in part on the report, the FCRA sets out two stages:
- Before acting: give the driver a copy of the report and the federal summary of their rights.
- After acting: notify the driver of the decision, give the screening company’s name, address and phone number, say that the company didn’t make the decision and can’t explain it, and tell the driver they can get a free copy of their report from that company within 60 days and dispute it (15 U.S.C. 1681m(a)).
Under the trucking exception, when the driver applied only remotely, you can instead send one oral, written or electronic notice with that information within 3 business days of acting. If the driver then asks you for a copy, send the report and the summary of rights within 3 business days of the request.
Directly from a state: the DPPA and state forms
The federal Driver’s Privacy Protection Act lets states release personal information from driving records to an employer, or its agent or insurer, to obtain or verify information about a CDL holder that federal commercial-driver law requires, or to anyone with the driver’s written consent (18 U.S.C. 2721(b)). Federal CDLIS rules let a current or prospective motor carrier get a driver’s CDLIS record after notifying the driver (49 CFR 384.225(e)).
Each state applies these rules on its own forms. For example, Texas, Ohio and Indiana let employers of CDL holders request records under that permitted use, while Georgia’s form asks for the driver’s signed consent. Our state guides describe the process in 10 major trucking states.
How it works with Evergreen
Evergreen’s MVRs come through a consumer reporting agency, so the FCRA steps apply. After you pay, the driver gets a private link to review the disclosure, enter their details and sign the authorization. Don’t sign on the driver’s behalf. No report is requested until the driver finishes.
If the driver doesn’t respond, you can resend the invitation or correct their email in Driver Reports, or cancel the order there for a full refund before the driver authorizes. Evergreen supplies the report; you make the employment decision and handle any adverse-action notices. See how to order an MVR.
Some states add their own background-check notice rules. Check with counsel if you hire in several states.
Order an MVR, or see what disqualifies a CDL driver.
Statutes checked against the U.S. Code on govinfo.gov, and regulations against eCFR, on November 3, 2026. This is general information, not legal advice.