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How to File a Petition for a Clearinghouse Violation

FMCSA Petitions Through DATAQs

 


Overview

The FMCSA Drug & Alcohol Clearinghouse is a secure database that records commercial driver (CDL/CLP) drug and alcohol program violations, including positive tests, refusals, and return-to-duty (RTD) status. Drug & Alcohol Clearinghouse+2Drug & Alcohol Clearinghouse+2
If you believe there is incorrect or inaccurate information in your Clearinghouse record, FMCSA provides a formal petition process for drivers to request a da The petitioner may submit his/her petition electronically through the Clearinghouse or in writing to: Federal Motor Carrier Safety Administration, ATTN: Drug and Alcohol Clearinghouse Petition for Review, 1200 New Jersey Avenue SE., Washington, DC 20590. a review and potential correction. 

Drug & Alcohol Clearinghouse+1
Note: You can challenge reported data, but not the underlying test result itself. For example, you cannot use this petition to dispute the validity of a positive test or a test refusal. FMCSA



Legal Basis

  • The petition process is authorized under 49 CFR § 382.717, which governs data review for the Clearinghouse. Drug & Alcohol Clearinghouse
     
  • According to FMCSA guidance, the process is designed to correct inaccurate or incomplete data, not to re-litigate the scientific or procedural validity of a test. FMCSA
     

Who Can File a Petition

  • Drivers (CDL or CLP) whose Clearinghouse record includes a violation they believe is incorrect.
     
  • An authorized representative may file on behalf of the driver (e.g., legal/d designated rep), but you must clearly identify whose record is being challenged. Drug & Alcohol Clearinghouse
     

When to Use This Process

You should consider petitioning if:

  1. There is incorrect data (e.g., wrong date, wrong type of violation, wrong status).
     
  2. There is missing documentation that should have been included.
     
  3. The violation is preventing you from performing safety-sensitive functions, and you have documentation (e.g., notice of suspension) to support this. Drug & Alcohol Clearinghouse+1
     

However, you cannot petition through this process for:

  • The underlying test result validity.
     
  • Disputing that a test was positive or that a refusal was legitimate.
     

Step-by-Step Guide to Filing the Petition


Register / Log In 

  • Make sure you are registered with the Clearinghouse via Login.gov. Drug & Alcohol Clearinghouse
     
  • If you haven’t done so already, set up your account so you can access your violation record.
     


 Access the Data Review (DataQs) System
 

  • Use DataQs, FMCSA’s system for data reviews, to start a new petition. Drug & Alcohol Clearinghouse+1
     
  • Once logged in, click “Start a New Request.” Drug & Alcohol Clearinghouse
     
  • Choose the “Drug & Alcohol Clearinghouse Violation Petition” type. Drug & Alcohol Clearinghouse
     

Select Reason for the Petition
 

  • The form will prompt you to select a reason for review. Use the options that align with § 382.717 allowable reasons (e.g., “information is inaccurate,” “record is preventing me from working”). Drug & Alcohol Clearinghouse
     
  • Note: If you choose the option related to inability to perform safety-sensitive functions (per § 382.717(e)), you’ll need to provide evidence. Drug & Alcohol Clearinghouse+1
     

Enter Petition Details
 

  • Provide your personal information (driver name, CDL/CLP number, etc.). Drug & Alcohol Clearinghouse
     
  • Locate and enter the Clearinghouse Record ID Number for the violation(s) you are challenging. This ID is found in your violation record on the Clearinghouse. Drug & Alcohol Clearinghouse+1
     
  • For each record ID, explain why you're disputing it. Be as detailed as feasible. Drug & Alcohol Clearinghouse
     

Submit Supporting Documentation
 

  • You are required to upload evidence that supports your claim (e.g., court documents, employer letters, suspension notices). Drug & Alcohol Clearinghouse
     
  • You can upload documents directly in the DataQs form. Drug & Alcohol Clearinghouse
     
  • Alternatively, you may save a draft of your petition and upload documents later. Drug & Alcohol Clearinghouse
     
  • If needed, you can also fax documentation using a cover sheet provided by FMCSA. Drug & Alcohol Clearinghouse
     

Review & Submit
 

  • Review all fields carefully, ensuring accuracy.
     
  • Submit your petition through DataQs.
     

After Submission
 

  • FMCSA will review your petition, along with your supporting documentation.
     
  • If your petition lacks sufficient evidence, it may be closed without action. Drug & Alcohol Clearinghouse
     
  • If additional information is needed, FMCSA may request more documentation.
     

Special Considerations & Common Questions

  • DUI / Traffic Citation Without Conviction
    If you received a traffic citation (e.g., DUI) but were not convicted, you may petition to submit documentation of non-conviction. FMCSA
    However, FMCSA’s policy states that such “actual knowledge” violations remain on your record for 5 years (or until RTD completed), even if there was no conviction. FMCSA
     
  • Security and Privacy
    Your Clearinghouse data is protected. Access requires a secure Login.gov account, and only authorized users may view detailed violation data. FMCSA
     

Tips for a Successful Petition

  • Provide clear, concise, and well-supported explanations of why you are petitioning.
     
  • Include all relevant documentation (court records, employer letters, test information, suspension or reinstatement notices, etc.).
     
  • Be specific about Clearinghouse record IDs and dates.
     
  • If you are claiming that a violation prevents you from working, include documentation that directly shows this (e.g., notice from your employer or licensing agency).
     
  • Keep a copy of your petition and all submitted documents for your records.
     

Where to Get Help / More Information


  • Clearinghouse Learning Center: FMCSA provides a Learning Center with guides, FAQs, and job aids. Drug & Alcohol Clearinghouse
     
  • Contact FMCSA:
     
    • Clearinghouse support: (800) 832-5660 Drug & Alcohol Clearinghouse
       
    • Email: clearinghouse@dot.gov
    • You can also read the regulation in more detail by going to : 

     https://www.ecfr.gov/current/title-49/section-382.717


 The petitioner may submit his/her petition electronically through the Clearinghouse or in writing

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