By Peter DeMarco

c/o http://www.thebackgroundinvestigator.com

Have you ever seen a copy of your official driving record? Well, getting one is pretty easy. I just did it the other day. Walk into any Registry of Motor Vehicles office, fill out a simple form, hand over $15, and they’ll print one up. But what exactly is the document they’re handing you?

Your driving record contains all in-state offenses you’ve been charged with over the past 10 years, as well as information about the current status of your license (active, suspended, etc.) and other important details your auto insurer might like to know, said Ann Dufresne, Registry spokeswoman.

The list includes surchargeable accidents (my last one, from 2001, was on there) as well as speeding tickets and other civil infractions, including tickets you’ve fought and beaten in court.

Why are those included? Though you’ve been found innocent, the fact that your driving has at least been called into question might help a police officer decide whether you should get a ticket the next time you’re stopped, I was told. (Police have instant access to your record, as well as your criminal record as reported through the state’s probation department.)

The Merit Rating Board, the state agency that determines how many surcharge points you’ve accrued as a driver, also sees your driving record. (Actually, the board is the first agency to receive copies of all motor vehicle traffic citations and court dispositions of criminal traffic offenses, which it enters into the Registry of Motor Vehicles database.) The board also passes your record along to your auto insurer.

I’d been tipped off, though, that my driving record didn’t contain all the information the Registry has about me. “You have to ask them for your driving history,” Charlestown traffic attorney Charles McGowan told me. “The history has everything. The record is bare bones.”

The Registry had no problem providing me with my history, which looks much like my driving record except that it goes all the way back to the day I got my driver’s license. (Feb. 22, 1988, to be exact.) But if I hadn’t specifically asked the woman behind the counter for it, I wouldn’t have gotten it. So be advised.

Why not just give everyone his driving history in the first place? Dufresne explained that while courts often require your full history, an employer might only need to see your recent history - perhaps not caring about the wheelies you popped as a kid.

Still, the Registry admits the system is confusing. In the near future, people who request their driving records will likely be offered a second form to fill out to obtain their driving history, Dufresne said.

“We’re finding that more employers are upping the standards. It’s not just enough to provide a simple driving record - they want to see the whole thing,” she said.

Driving records and histories will likely be available online in the near future, she added.

“We know there are about 57,000 requests every year for driving records at our branches. If we could drive even half of the people to go online, that would help in our wait times,” she said. Both your driving history and driving record are public documents. To obtain anyone’s history or record, all you need is the person’s name, date of birth, and either her license number or her current address.

Curiously (and fortunately), my driving history didn’t mention a speeding ticket I got just a couple of years ago in New York. That was normal, Dufresne told me, as many tickets don’t get reported to the National Driver Registry database.

The database, according to the National Highway Traffic Safety Administration, primarily tracks people whose licenses have been revoked, suspended, canceled, or denied, as well as motorists who have been convicted of serious trafficrelated offenses.

ESR Newsletter and Legal Update (October 2008)

New rules cornering address discrepancies in consumer credit reports that could help to prevent identity theft go into effect November 1, 2008. Beyond potentially creating some additional hoops to jump through,  the new rules are not likely as a practical matter to have a great deal of impact on employers and may even help employers avoid hiring someone operating with a stolen identification. 

The new rules were written by various federal agencies as a result of provisions in the 2003 Fair and Accurate Credit Transactions Act of 2003 (FACTA), designed to combat identity theft when “Red Flags” were raised in credit reports. Although employers are affected, the rules go well beyond employment and also regulate financial institutions and creditors.

Since the regulations are new, it is not yet entirely clear how they will be implemented. However, employers would be impacted if they request a credit report from a background screening firm as part of a background report. The credit reports are supplied to background firms by one of the three national credit bureaus, which are Experian, Trans Union or Equifax.

It also important to keep in mind that for employment purposes, these regulations only apply to information from a national credit bureau, which will mean as a practical matter it is limited to only those applicants where an employer requests a credit report.  Other types of background reports, such as criminal records, driving records, past employment or educational verification are not impacted.

If the credit bureau finds an address discrepancy which raises a “Red Flag,” the employer would receive a notice from the credit bureaus. This could occur if the applicant submits an address that the credit bureaus do not find in their records, or it appears that there is a “substantial difference” between the applicant’s address and what the credit bureau has on file.

An employer that utilizes credit reports will need to establish a policy on how it will verify the applicant’s identity through reasonable means, such as confirming information directly with the applicant, using third party sources or utilizing other materials, such as employment application forms.

Once the address and identity of the applicant is clarified, an employer also under certain circumstances must then send back the newly confirmed address to the credit bureaus. Although there will need to be some clarification in the near future on how this will work exactly, it would appear reasonable that the background firm providing the credit report may be able to act as the go-between for the employer and the national credit bureau in the administration of this rule.

The important point for employers is that the address discrepancy notices are not likely to be a significant burden on employers or Human Resources professionals. Employers would expect to receive such notices primarily in two situations; First, if an applicant has moved to a new address that has not been picked up by credit bureaus, such a notice may be generated. Secondly, an employer may get a notice where there is a case of identity theft with an applicant impersonating someone else. In that event, employers will benefit from the new rules.

Once the actual operations of the regulations become clearer, ESR will provide its clients with a sample policy and will assist clients if and when such a notice is received. ESR will also provide training to all clients that request credit reports as part of their background checking protocol.