Why Authorizations Matter for Compliant Transportation Background Screening

In background screening, the disclosures, authorizations, and release forms might seem like a small detail. But in reality, they play a big role in protecting both employers and candidates. In regulated industries like transportation, overlooking an authorization or a release requirement can have serious consequences.

In this blog, we will explain the difference between a Disclosure & Authorization (D&A) and a Release of Information, why they matter, who requires them, and how Cisive Driver iQ helps ensure your compliance is never in question.

Table of Contents

1. Understanding the Difference: FCRA Disclosure & Authorization vs. State MVR Releases
2. Why D&As and Releases are Important
3. Who Requires D&As and Releases?
4. What Happens If You Don’t Use the Right Form?
5. How Driver iQ Helps Clients Stay Compliant

Understanding the Difference: FCRA Disclosure & Authorization vs. State MVR Releases

Before diving deeper, it's important to distinguish between two critical types of consent forms involved in background screening: the federal Disclosure & Authorization (D&A) and state-specific Motor Vehicle Record (MVR) Releases.

Disclosure & Authorization (D&A) under the FCRA

The Fair Credit Reporting Act (FCRA) mandates that employers provide a clear and conspicuous written disclosure to job applicants or employees when intending to procure a background check through a Consumer Reporting Agency (CRA) like Driver iQ. This disclosure must be presented in a standalone document, separate from other employment materials, and must inform the individual that a consumer report (which sometimes includes driver’s license and motor vehicle violation information) may be obtained for employment purposes. The employer must also obtain the individual's written authorization before proceeding with the background check.

State-Specific MVR Releases

In addition to the federal requirements, certain states impose their own regulations concerning the release of driving records. For instance, states like Washington require the specific “Driving Record Release of Interest” form to be signed by the individual before the employer can access their driving records. These state-specific forms are separate from the FCRA's D&A and are necessary to comply with local laws governing the privacy and dissemination of motor vehicle records.

Understanding and adhering to both federal and state requirements is crucial for employers, especially those in regulated industries like transportation, to ensure full compliance in their background screening processes.

Other Types of Authorizations or Releases

Depending on what type of screening is being done, additional D&As or other Release of Information forms may be required. Some D&As cover pre-employment only, while others may include language that allows for post-hire screening (such as ongoing driver monitoring) or other annual checks (such as MVRs or criminal checks).

A release is a candidate-signed document that authorizes an employer to run a background check on a job candidate or employee. Under the Fair Credit Reporting Act (FCRA), this disclosure and authorization must be provided in writing and signed before any reports can be run.

Depending on what type of screening is being done, additional releases may be required. Some releases cover pre-employment only, while others may include language that allows for post-hire screening, such as ongoing driver monitoring or other annual checks, such as MVRs or criminal checks.

Releases ensure transparency for candidates and give employers the legal permission to proceed with the background check.

Why D&As and Releases are Important

D&As and Releases serve several important functions:

• • They provide proof of the candidate’s consent to the background check.
  • They create a clear paper trail to help employers demonstrate compliance if audited.
  • They help avoid costly penalties and prevent hiring delays.
  • They support ongoing screening efforts after hire, when properly worded.

Failure to obtain and retain the correct authorizations and releases can put an employer at risk of fines, lawsuits, or even being blocked from running reports, especially in states like Washington and California.

Who Requires D&As and Releases?

Most employers are familiar with the FCRA requirement for background check authorizations. But several states and federal agencies have additional rules:

Federal and General Requirements

• • FCRA requires a standalone disclosure and signed authorization for all employment-related background checks.
  • Some releases may include "evergreen" language to allow continued monitoring after hire.

State-Specific Requirements

• • Washington requires a specific, state-issued form for motor vehicle reports (MVRs). It must be signed by both the candidate and the employer, and it is often reviewed during audits.
  • California mandates enrollment in driver monitoring programs and detailed recordkeeping. Employers must be able to show when they received and reviewed each report.
  • Puerto Rico and the U.S. Virgin Islands also require general release forms for employment screening.

Other Entities

• • PSP (Pre-Employment Screening Program) requires a release for pre-employment use only.
  • CDLIS (Commercial Driver's License Information System) requires a signed D&A that must be dated before the report is run.
  • Drug testing sometimes involves a separate release form, depending on the provider and state.

What Happens If You Don’t Use the Right Form?

Noncompliance can have serious consequences. A few examples:

• • Washington may block an employer from ordering MVRs if the Driving Record Release of Interest forms aren’t on file with the employer. For a transportation company, that means you will not be able access driver’s license information from the State of Washington.
  • California audits driver monitoring reports and may penalize companies that fail to document review and receipt of reports.
  • Employers have faced class action lawsuits for issues as small as using the wrong font size or including extra language in certain disclosure and authorization forms.
  • Some plaintiffs actively look for noncompliance as a way to file claims.

Bottom line: even small oversights can become major liabilities.

How Driver iQ Helps Clients Stay Compliant

At Driver iQ, we help clients navigate release requirements as part of our end-to-end compliance support. Here's how:

• • We provide the correct forms. Our team supplies any state-specific forms, including the official Washington - Driving Record Release of Interest form, and we make sure our clients know how to use them.
  • We support both digital and manual workflows. We can stand up forms within our platform, ensuring they’re completed before a report is run.
  • We won’t process incomplete files. For clients using Cisive onboarding tools, we help enforce proper form collection and timing.
  • We stay up to date. Our experts monitor changes in state and federal requirements, and we share that knowledge with clients, so they’re not caught off guard.

While we always recommend clients seek legal counsel for final approval of their forms, we provide the knowledge and tools they need to stay on track.

Final Thoughts

In highly regulated industries, compliance isn't optional. It starts with the basics, including providing examples of a federal Consumer Report Disclosure and Authorization, and when needed or required, a Release of Information. When handled properly, the forms work together protect and inform all parties involved and keep your hiring process running smoothly.

At Driver iQ, we help you eliminate blind spots so you can focus on building the safest, most qualified team possible.

Ready to simplify screening without sacrificing compliance? Let’s talk.