# Does the background check only look at convictions, rather than arrests?



## Frostyz (Mar 10, 2017)

I've read repeatedly that Uber only considers convictions and not pending or dismissed charges/arrests due to legal liabilities involved with rejecting someone solely based on an arrest without a conviction. It is illegal in many states to reject someone based purely on an arrest (since they are still innocent). Can anyone confirm how Uber works in this respect?

A few years ago I was charged with a fairly serious conspiracy-drug felony. I haven't had a court date in almost 2 years and the charges are in the process of being dismissed. There were never any drugs found, or anything of the sort. I was charged because of the activities of a roommate at my house. The police charged everyone in the house with conspiracy even though we had nothing to do with this other person other than being on the same lease. Aside from this, I have no criminal history, and not even any driving infractions.* For further clarification:* I am not a felon. I do not have any felonies or misdemeanors, just a pending felony charge which will be soon dismissed. Many people do not seem to understand the distinction between a charge and a conviction. In the eyes of the law I am innocent.

I am interested in hearing peoples personal experiences with this, or any similar stories they've heard.


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## shiftydrake (Dec 12, 2015)

The fact of it being a felony arrest may be your downfall recently in June of 2016 I was arrested at a casino while driving my taxi and since it was classified as "brandishing a firearm" it hit my arrest record/background check as a felony......so it hampered me in my job by me almost losing my driving job cuz we have to get a yearly bg check to be able to transport students.......so anyway my job was hampered even though I was found innocent and no charges ever came out of it because prosecuting attorney dropped the case the fact that the word felony appeared was hampering but after a little bit of time it disappeared now it doesn't show up at all and I'm free to pick up students

Only thing about yours is it is still "open" meaning hasn't been dismissed yet so it would probably still show up as a felony arrest......dismissed felony arrests disappear after so much time....good luck


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## Frostyz (Mar 10, 2017)

I am aware that many jobs in many states can fire you solely based on an arrest, though I was asking specifically about Uber because I read that they only care about convictions. I've already read Uber in general is more liberally minded about arrests and more flexible in terms of who they hire.


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## circle1 (Sep 17, 2016)

Frostyz said:


> I've read repeatedly that Uber only considers convictions and not pending or dismissed charges/arrests due to legal liabilities involved with rejecting someone solely based on an arrest without a conviction. It is illegal in many states to reject someone based purely on an arrest (since they are still innocent). Can anyone confirm how Uber works in this respect?
> 
> A few years ago I was charged with a fairly serious conspiracy-drug felony. I haven't had a court date in almost 2 years and the charges are in the process of being dismissed. There were never any drugs found, or anything of the sort. I was charged because of the activities of a roommate at my house. The police charged everyone in the house with conspiracy even though we had nothing to do with this other person other than being on the same lease. Aside from this, I have no criminal history, and not even any driving infractions.* For further clarification:* I am not a felon. I do not have any felonies or misdemeanors, just a pending felony charge which will be soon dismissed. Many people do not seem to understand the distinction between a charge and a conviction. In the eyes of the law I am innocent.
> 
> I am interested in hearing peoples personal experiences with this, or any similar stories they've heard.


The sad, sad fact is; any TNC can reject you for absolutely any reason, for which they most certianly would never disclose!


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## Frostyz (Mar 10, 2017)

I got my background check results from checkr. It says "Consider" on the national and county check, with the Federal check appearing as clear. The description of my records just say "pending trial" alongside the charge, with no convictions or anything like that. If what I've read about uber only caring about convictions, hopefully I will be able to explain the instances to them if they have a concern with it.


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## tohunt4me (Nov 23, 2015)

Frostyz said:


> So, Uber sent me a text this morning saying "You've been signed up to drive - how exciting". Apparently however unbeknownst to me, my registration just hit the renewal date and I have to do that and get my new card before I can see my profile. Does that text mean I've been officially approved?


Sounds like it.
Better get to work before they change their mind !



Frostyz said:


> I am aware that many jobs in many states can fire you solely based on an arrest, though I was asking specifically about Uber because I read that they only care about convictions. I've already read Uber in general is more liberally minded about arrests and more flexible in terms of who they hire.


An arrest is simply an arrest.
It is not proof nor admission of guilt.
Innocent until proven guilty is still the law in America.
Guilt must be proven BEYOND A REASONABLE DOUBT in a court of law. Which is why prosecutors love plea bargains.
A plea of Nolo Contender is not an admission of guilt,yet it does not refute charges brought by the state.

In France,it is Guilty until proven innocent.


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## Frostyz (Mar 10, 2017)

I spoke with Uber live chat just now and they told me that they have not received my background check from Checkr yet. Uber support told me that Uber itself does not see the information on the background check, but rather it is Checkr that reviews it and reports the conclusion to Uber. 

I sure hope the Innocent until proven guilty stands here, however that has never stopped people from being declined jobs or being kicked out of their apartments/leases just because of arrests in America.

Edit:
Received a reply from Checkr. They said they do not review background checks, they only give the information to Uber. They said Uber is the one who reviews the background check. This means the information I received from Uber support was not correct.


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## Frostyz (Mar 10, 2017)

Uber recently sent me an email saying they did not approve me, in spite of the fact that I don't have any convictions. This is disappointing and I am currently looking for a way to appeal it, but haven't figured it out yet.


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## steveK2016 (Jul 31, 2016)

Frostyz said:


> Uber recently sent me an email saying they did not approve me, in spite of the fact that I don't have any convictions. This is disappointing and I am currently looking for a way to appeal it, but haven't figured it out yet.


Chances are, ya won't be driving for Uber. Good luck finding gainful employment!


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## shiftydrake (Dec 12, 2015)

Frostyz said:


> I am currently looking for a way to appeal it


Why? Find another job and don't worry about Uber
You actually think Uber will even look at your appeal?.......and how in the world are you going to appeal. Ok they said no on allowing you to drive for them and your going to appeal? What the hell let's appeal EVERYONE until they tell us what we want to hear


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