In this article:
- What a limited query is
- What a full query is
- Which query to run: a decision table
- The 24-hour rule, worked through
- How the annual query is counted
- What each query costs
- Recordkeeping: what you still have to keep
- How long a violation shows up in a query
- Who else sees Clearinghouse records
- Why the query matters in an audit
- Common Clearinghouse query mistakes
A limited query tells you only whether a driver has any record in FMCSA's Drug and Alcohol Clearinghouse. A full query shows the details. As of October 2026, 49 CFR 382.701 requires a full query before hiring and allows a limited query for the annual check. If a limited query finds a record, you must run a full query within 24 hours.
| Limited query | Full query | |
|---|---|---|
| What it tells you | Whether any record exists, resolved or unresolved | The violation details and return-to-duty status |
| Required for | Allowed for the annual query | Every pre-employment query |
| Consent | General consent, written or electronic, outside the Clearinghouse | Specific electronic consent, inside the Clearinghouse, before each full query |
| Consent can cover | More than one year, if it states the timeframe | One query |
| Driver must register? | No | Yes, to give electronic consent |
| Fee, as listed by FMCSA | $1.25 | $1.25 |
Sources: 49 CFR 382.701, 382.703, and FMCSA's Clearinghouse FAQ on queries and consent. The Clearinghouse rules are a final rule (81 FR 87686, Dec. 5, 2016), in effect as of October 2026.
What a limited query is
A limited query is a yes-or-no check. In the regulation's words, it "will tell the employer whether there is information about the individual driver in the Clearinghouse, but will not release that information to the employer" (382.701(b)(2)). FMCSA's FAQ adds that it covers "resolved or unresolved" violations.
The consent is general and is collected outside the Clearinghouse, for example on a form you keep. It "may be effective for more than one year," but FMCSA says the consent "must specify the timeframe the driver is providing consent for." Keep that consent for 3 years from the date of the last query (382.703(a)).
What a full query is
A full query releases the driver's record to you. It shows any of these items, each of which the driver must consent to release (382.703(b)):
- a verified positive, adulterated or substituted drug test result;
- an alcohol confirmation test of 0.04 or higher;
- a refusal to test;
- an employer's report of actual knowledge of prohibited alcohol or drug use;
- a substance abuse professional (SAP) report that the driver completed the return-to-duty process;
- a negative return-to-duty test; and
- an employer's report that follow-up testing is complete.
The driver gives this consent electronically inside the Clearinghouse, before each full query. That is why a driver has to register for a full query, including "all pre-employment queries," even though drivers otherwise don't have to register (Clearinghouse FAQ).
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Which query to run: a decision table
As of October 2026, these are the situations a fleet meets most often and what the rules require.
| Situation | Query to run | Consent you need | Deadline or rule |
|---|---|---|---|
| Hiring a CDL driver | Full (pre-employment) | Driver's electronic consent in the Clearinghouse | Before any safety-sensitive work (382.701(a)) |
| Annual check on a current driver | Limited, or full | General consent on file for the limited query | At least once a year, on a rolling 365 days |
| Limited query says a record exists | Full | Driver's electronic consent | Within 24 hours, or the driver comes off safety-sensitive work (382.701(b)(3)) |
| FMCSA emails you about new information on a driver | Full (follow-on) | Driver's electronic consent | FMCSA says "within 24 hours"; it resets the annual clock |
| Driver refuses consent | None possible | Driver may not perform safety-sensitive functions (382.703(c)) | |
| You drive for your own company | You query yourself, or your designated consortium/third-party administrator (C/TPA) runs the query for you | As above | FMCSA's FAQ says owner-operators must query themselves; they must also designate a C/TPA to handle violation reporting (382.705(b)(6)) |
The 24-hour rule, worked through
Here is how the limited-to-full sequence plays out. Illustration only.
| Time | Event | Rule |
|---|---|---|
| Mon 9:00 a.m. | You run the annual limited query on a driver with general consent on file. Result: information exists. | 382.701(b)(2) |
| Mon 9:05 a.m. | You request a full query. The Clearinghouse sends the driver an electronic consent request. | 382.703(d) |
| Mon 9:05 a.m. to Tue 9:00 a.m. | The driver logs in and consents. The full query runs and returns "Not Prohibited." The driver keeps working. | 382.701(b)(3) |
| If no full query by Tue 9:00 a.m. | The driver may not continue safety-sensitive functions until a full query confirms no prohibition. | 382.701(b)(3) |
| If the full query shows a prohibition | The driver may not perform safety-sensitive functions until the return-to-duty process is complete. | 382.701(d) |
The safest habit is to ask drivers to register with the Clearinghouse at hire, so they can answer a consent request quickly.
How the annual query is counted
The annual query is tracked on a rolling 12-month (365-day) basis. FMCSA's example: a query run on Dec. 1, 2022 means the next one is due by Dec. 1, 2023 (Clearinghouse FAQ). A pre-employment query starts that clock for a new hire. A follow-on full query after an FMCSA notice also resets it. You may pick another 12-month cycle, as long as each driver gets a query at least once a year.
Two notification rules work in your favor. Under the regulation, FMCSA notifies you if a violation is entered within 30 days after you query a driver (382.701(c)). FMCSA's FAQ says that, since March 8, 2023, it emails employers about new information within 12 months of a pre-employment or annual query.
What each query costs
FMCSA charges employers for queries, not for registration or other Clearinghouse activity. As of October 2026, its FAQ says "Queries are a flat rate of $1.25 per query," bought as a query plan on the Clearinghouse website by a registered employer (Clearinghouse FAQ). A C/TPA can't buy the plan for you. Drivers never pay to see their own record (382.721).
Recordkeeping: what you still have to keep
The regulation says employers must keep a record of each query and its results for 3 years. It also says an employer "who maintains a valid registration fulfills this requirement" as of Jan. 6, 2023 (382.701(e)). You still keep the driver's consent for limited queries for 3 years from the last query (382.703(a)). A registration that sits unused for 2 years is cancelled (382.713).
For drivers who came from another Department of Transportation (DOT) mode, such as rail or transit, the Clearinghouse holds no violation data. FMCSA's FAQ says you must still ask those prior employers directly under 49 CFR 391.23(e)(4)(ii).
How long a violation shows up in a query
A violation stays visible to querying employers until all four conditions are met: the SAP report is in, the return-to-duty test is negative, follow-up testing is complete, and five years have passed since the violation determination (382.719). A driver can review their own record after registering (382.709). Corrections are limited to administrative errors, such as a duplicate report, with a few narrow exceptions for employer reports. Test results can't be contested through that petition (382.717). That is a separate process from a DataQs request, which covers inspection and crash data.
Who else sees Clearinghouse records
Clearinghouse information may be used only to decide whether a driver is prohibited from safety-sensitive work. Sharing it with anyone not involved in that decision is prohibited and carries civil and criminal penalties (382.723). State licensing agencies must check the Clearinghouse when a driver applies for a commercial driver's license or learner's permit, a requirement in effect since Nov. 18, 2024 (382.725).
Why the query matters in an audit
Drug and alcohol testing is one of the five areas a new entrant safety audit reviews (49 CFR 385.311). Using a driver known to have tested positive, or one who refused a test, is a single-occurrence automatic failure of the new entrant safety audit (49 CFR 385.321). See our comparison of the new entrant safety audit vs a compliance review. Controlled substance and alcohol violations found at roadside also feed the Controlled Substances/Alcohol BASIC, covered in CSA BASICs explained. If you're choosing software to track queries per driver, our fleet safety software guide lists questions to ask.
Common Clearinghouse query mistakes
- Running a limited query at hire. Pre-employment always needs a full query.
- Consent forms with no timeframe. A multi-year limited consent must say how long it lasts.
- Waiting on the driver past 24 hours. After a "record found" result, the driver comes off safety-sensitive work until the full query clears.
- Letting the registration lapse. Two years with no queries or reports cancels it.
- Treating the query as the whole background check. Drivers from other DOT modes still need a direct inquiry to those employers.
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This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.
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