How Long Does a Violation Stays in the Clearinghouse?

September 19, 2024

Ophthalmologist's Department

If you’re a commercial driver or involved in the trucking industry, you’ve probably heard about the Drug and Alcohol Clearinghouse. This online database, managed by the Federal Motor Carrier Safety Administration (FMCSA), keeps track of drug and alcohol violations by commercial drivers. But how long does a violation stay in the Clearinghouse? Let’s break it down in simple terms.

What is the Clearinghouse?

The Clearinghouse is a secure online database that records violations of drug and alcohol regulations by commercial drivers. It includes positive test results, refusals to take a test, and other related violations. Employers, state licensing agencies, and law enforcement can access this information to ensure that drivers comply with safety standards.

How Long Does a Violation Stay?

Once a violation is recorded in the Clearinghouse, it doesn’t just disappear after a set period. Here’s the key point: A violation stays in the Clearinghouse for five years after the driver completes the SAP process. This means that if a driver doesn’t complete the SAP process, the violation will remain in the Clearinghouse indefinitely.

After successfully completing the SAP process and the return-to-duty (RTD) drug test, you will be eligible to go back to work, even while the violation continues to show in the Clearinghouse.

Clearing Up the 10-Year Myth

There’s a common misconception among some drivers that their violation and follow-up testing plan will drop off the Clearinghouse after 10 years. This is not true. A violation will stay on the Clearinghouse forever, or until the driver successfully completes a SAP return-to-duty process. This misinformation may have started from misunderstandings or incorrect information being shared, but it’s important to know the facts.

Why Does This Matter?

Understanding how long a violation stays in the Clearinghouse is crucial for drivers. It affects their ability to get back to work and maintain their commercial driving license. Completing the RTD process not only helps remove the violation from the Clearinghouse but also ensures that the driver is fit to return to duty safely.

Conclusion

In summary, violations recorded in the Clearinghouse are there to stay until the driver takes the necessary steps to resolve them. This system helps maintain safety standards in the trucking industry by ensuring that all drivers are compliant with drug and alcohol regulations. So, if you’re a driver with a violation, it’s essential to complete the SAP process to clear your record.

If you have any more questions about the Clearinghouse or need assistance with the RTD process, don’t hesitate to reach out to a Substance Abuse Professional (SAP) for guidance.

Karishma Sarfani

Karishma is a Qualified Substance Abuse Professional (SAP) with a background in mental health and substance abuse counseling, holding credentials as an MS, LCDC, ICADC, CADC II, CSAC, CASAC II, LPC, and EMDR-trained therapist. Inspired by personal experiences with addiction and mental health challenges in her community, she has dedicated her career to supporting individuals on their journey to recovery and success.