49 CFR § 382.719 - Availability and removal of information.
---
identifier: "/us/cfr/t49/s382.719"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 382.719 - Availability and removal of information."
title_number: 49
title_name: "Transportation"
section_number: "382.719"
section_name: "Availability and removal of information."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "382"
part_name: "CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 31133, 31136, 31301 , 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87."
regulatory_source: "66 FR 43103, Aug. 17, 2001, unless otherwise noted."
cfr_part: "382"
---
# 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);
(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, 40.309, and 40.311 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) 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), 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) and (iii) or in accordance with 49 CFR part 10.
(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.