---
kind: "section"
citation: "49 C.F.R. § 382.719"
title: "49"
number: "382.719"
heading: "Availability and removal of information."
url: "https://uscodex.org/cfr/49/382.719"
---

# §382.719. Availability and removal of information.

- (a) **Driver information not available.** Information about a driver's drug or alcohol violation will not be available to an employer conducting a query of the Clearinghouse after all of the following conditions relating to the violation are satisfied:
  - (1) The SAP reports to the Clearinghouse the information required in [§ 382.705(d)](/cfr/49/382.705.md?p=d);
  - (2) The employer reports to the Clearinghouse that the driver's return-to-duty test results are negative;
  - (3) The driver's current employer reports that the driver has successfully completed all follow-up tests as prescribed in the SAP report in accordance with §§ [40.307](/cfr/49/40.307.md), [40.309](/cfr/49/40.309.md), and [40.311](/cfr/49/40.311.md) of this title; and
  - (4) **Five years have passed since the date of the violation determination.**
- (b) **Driver information remains available.** Information about a particular driver's drug or alcohol violation will remain available to employers conducting a query until all requirements in [paragraph (a)](#a) of this section have been met.
- (c) **Exceptions.**
  - (1) Within 2 business days of granting a request for removal pursuant to [§ 382.717(a)(2)(i)](/cfr/49/382.717.md?p=a-2-i), FMCSA will remove information from the Clearinghouse.
  - (2) Information about a particular driver's drug or alcohol violation may be removed in accordance with § [382.717(a)(2)(ii)](/cfr/49/382.717.md?p=a-2-ii) and [(iii)](/cfr/49/382.717.md?p=a-2-iii) or in accordance with [49 CFR part 10](/cfr/49/part10.md).
- (d) **Driver information remains available.** Nothing in this part shall prevent FMCSA from using information removed under this section for research, auditing, or enforcement purposes.

## Notes

### Source

Source: 81 FR 87725, Dec. 5, 2016, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 31133, 31136, 31301 et seq. , 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

### Source

Source: 66 FR 43103, Aug. 17, 2001, unless otherwise noted.