Blackmark on the DAC record

It's the company that reported that information to DAC. DAC keeps that information for 7 yrs. They are like a credit reporting agency. Everyone nowadays is keeping records (a lot for not for good purposes). It would have to be the company's to have DAC remove it(the problem is you did fail a drug test).
The other option is to explain to the new company what happened & see what they say. It has been 3 yrs. They can say yea or nay but you won't know until you try. Find a company that doesn't use DAC but Everyone now wants to know who they are hiring (to much liability for not knowing). All the best with your journey.

 

If you failed a drug test, then you are also in the FMCSA drug clearinghouse protocol that all companies must use when hiring drivers.

Drug and Alcohol Clearinghouse

 

@Moose1958 may have your answer

 

Some companies will hire you if you complete the SAP program. Some companies even advertise they will consider/hire SAP graduates. Your company should have explained this to you.
~
DOT SAP Program - FMCSA Registration
Understanding DOT SAP Program is for Substance Abuse Professionals

 

It's possible to get it removed, but it is also not very likely. It sucks, but the issue is 391.23(e)(1). I'm on record that forcing a driver to go through the SAP process for THC is stupid. Just tell the driver they are disqualified until they can test clean and there be NO record. But, I don't make the rules.

 

I came here to say what @Eddiec mentioned, while DAC is an issue, I think Clearinghouse would be the bigger obstacle.

 

I don't think a Jan 2019 positive is in the clearinghouse. This was why I did not mention it. YES, the clearinghouse is an issue in general because carriers are required to review it.

 

Non DAC and pre-clearinghouse; the FCMSA indemnified carriers from any 'problems' arrising from compliance with the FCMSA requirement to provide ALL of the following when inquiries are made by a prospective new employer for the past three years.

-Accidents
-A series of questions regarding the applicant's drug and alcohol testing history.
-Any drug and alcohol violations that the carrier learned from it's own check of the applicant's previous employers.

Once the period of employment is over 3 years, you did not need to report that information and had no legal protection from any lawyer thinking someone's rights were trampled.

Carriers were required to keep records of drug and alcohol positive results for 5 years available for audit/review purposes.

Anyone terminated for a positive test post SAP was 'kinda' stuck for 3 to 5 years before it stopped coming up on non DAC pre employer checks...

longer if the last employer did report it to the current carrier which was the only way it would surface.

Drivers terminated who were not helped 'in house' to do SAP and the required return to work random testing often wandered off and found work somewhere that did not check with out seeing a SAP and doing the testing.

I had one post accident positive who did this for 2 years and found his 'dream job' only to have that employer check...His wife had a nasty screamfest over that one; She didn't know about the post accident positive for cocaine...

The there was 'that guy' who tried another job for a week while on 'vacation' and pees dirty only to return to his old job with no consequenses.

The drug and alcohol clearinghouse was created to stop those who were finding loopholes and OP may be in a grey area.