If you have been looking for companies to help you with a broad range of employment screening needs, you may have noticed that there are quite a few vendors offering criminal background checks — but that driving records are much harder to find. There are a number of legal and economic reasons for this, but the most significant is the Driver’s Privacy Protection Act. Passed in 1994, the law was a response to the murder of actress Rebecca Schaeffer. Her attacker had obtained her home address from the California Department of Motor Vehicles indirectly, through a private investigator. During debate on the bill, a number of stories recounted the ease with which a stalker could get home addresses based only a license plate, which is visible to anyone. The law passed, survived legal challenges that went up to the Supreme Count, and has since been updated with further protections. Many states, including California, have restrictions that are even more severe but the DPPA is the minimum they must all meet.
According to the DPPA only the following uses of personal motor vehicle record information are permitted:
- Legitimate government agency functions.
- Use in matters of motor vehicle safety, theft, emissions, product recalls.
- Motor vehicle market research and surveys.
- "Legitimate" business needs in transactions initiated by the
individual to verify accuracy of personal information. - Use in connection with a civil, criminal, administrative or arbitral proceeding.
- Research activities and statistical reports, so long as personal information
is not disclosed or used to contact individuals. - Insurance activities.
- Notice for towed or impounded vehicles.
- Use by licensed investigators or security service.
- Use by private toll transportation facilities.
- In response to requests for individual records if the State has obtained
express consent from the individual. - For bulk marketing distribution if State has obtained express consent
from the individual. - Use by any requestor where the reqestor can show written consent of the
individual. - For any other legitimate State use if it relates to motor vehicle or public
safety.
As a result, anyone who accesses motor vehicle records must go through some kind of credentialing process to establish that they are legitimate. Companies who sell driving records tend to be cautious about their use, as a misstep could lead to being barred from the DMV, the only source of this information.
This is quite different than the situation for criminal records. Criminal records, especially convictions, are considered matters of public record and can be freely accessed, usually (though not always) at reasonable fees. With rare exceptions state governments consider open access to criminal records a matter of public safety. For driving records, however, the impetus is far less strong. The most common uses of them are for employment screening if the position involves the operation of a motor vehicle, and for insurance rating purposes.
Ironically, considering the origin of the DPPA, private investigators are also permitted access.
Even if you do not need driving records for your employment background checks, it is good to see if your provider has them available. If they sell driving records or credit reports, that means they have successfully undergone a number of audits and inspections that companies with only criminal records do not have to worry about.