How Long Do Violations Stay on the FMCSA Clearinghouse?

Updated: 20264 Min ReadRegulations

The FMCSA Clearinghouse was designed to prevent commercial drivers from hiding failed drug tests by jumping from employer to employer. But does a single mistake haunt you forever? Fortunately, the answer is no—but the timeline depends entirely on your actions.

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The Standard 5-Year Rule

By federal law, a drug or alcohol violation will remain in the Clearinghouse database for 5 years from the date of the violation.

After 5 years, the violation is automatically removed from the Clearinghouse, and employers will no longer be able to see it when they run pre-employment or annual queries. However, this 5-year timeline is conditional.

The Catch: You Must Complete the SAP Program

A violation will only age off the system after 5 years IF you have successfully completed the entire SAP Return-to-Duty process and all required follow-up testing. If you fail a test today and do nothing, that violation will sit on your record permanently, even 20 years from now.

What Employers See During the 5 Years

While the violation remains visible for 5 years, the Clearinghouse displays your current status. This is critical for getting hired.

  • Prohibited: You have not completed the RTD process. No employer can legally let you drive.
  • Not Prohibited (Follow-Up Testing): You have completed the SAP program, passed your RTD test, and are cleared to drive while completing unannounced follow-up tests.
  • Not Prohibited (Completed): You have completed the SAP program and finished all follow-up testing. The violation is simply "aging" until the 5-year mark.
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Can I Pay to Have it Removed Faster?

No. There is no legal way to "expunge," "delete," or "pay off" an FMCSA Clearinghouse violation before the 5-year mark (unless the violation was reported in error, which requires a formal dispute process). Anyone or any website offering to erase your Clearinghouse record for a fee is running a scam.

Don't wait for it to disappear

If your status is "Not Prohibited," there are companies that will hire you right now, regardless of the 5-year rule.

Find SAP Friendly Companies