# Arrested for Domestic Battery Charges were dropped. WIll uber fire me?



## MAB (Jun 12, 2018)

Hello Fellow drivers,



I DRIVE IN CHICAGO, IL. 

I have been a driver for 5 months now, with over 375 rides, 4.9 ratings.

I have been driving uber since Dec 2017, which is when my first background check was run and I passed. 

In February of 2018, my annual check was ran and passed.

Unfortunately in March of 2018, i was ARRESTED with domestic battery and CHARGES HAVE BEEN DROPPED. 

CHARGES WERE COMPLETEY DROPPED.


I hired a lawyer, and we are in the process OF EXPUNGMENT. THIS STARTED IN APRIL 2018.

Im not sure if my expungment (record cleared) will be done before ubers annual or 6 month BACKGROUND CHECK. 



When checkr runs my annual check it will read as this to UBER. 
DOMESTIC BATTERY - PHYSICAL CONTACT
Charge Type MISDEMEANOR
Disposition STRICKEN OFF LEAVE


stricken off Leave---- They dont put dismissed on there records in Illinois. 


My main questions are

1. DO you think Uber will deactivate me, if they run my 6 month check and see this ARREST on my record?


2. DOES UBER DEACTIVATE PEOPLE EVEN IF THEY WERE ARRESTED, AND THE CHARGES WERE DROPPED IN COURT? 


Please help. 

thanks


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## Irishjohn831 (Aug 11, 2017)

I think by February when your next background check probably occurs it will be expunged and not an issue. 

If something was dismissed i think it would be off your record.


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## MAB (Jun 12, 2018)

Irishjohn831 said:


> I think by February when your next background check probably occurs it will be expunged and not an issue.
> 
> If something was dismissed i think it would be off your record.


I'm hoping so, the lawyer was 99 percent confident. however in life you never know.

The reality is even if charges are dismissed they don't clear from your background check.

I tested it out. I applied for Grubhub in april, which uses the same background company... ( checkr) and

this is how it read. from Checkr--------- I WAS CURIOUS TO SEE HOW CHECKR WOULD WORD IT.

DOMESTIC BATTERY - PHYSICAL CONTACT
Charge Type MISDEMEANOR
Disposition STRICKEN OFF LEAVE

There fore even when charges are dropped they still show up on your record... ALOT OF PEOPLE DON'T REALIZE THIS. i WORKED IN H.R, AND RAN MANY BACKGROUND CHECKS..


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## SuzeCB (Oct 30, 2016)

MAB said:


> I'm hoping so, the lawyer was 99 percent confident. however in life you never know.
> 
> The reality is even if charges are dismissed they don't clear from your background check.
> 
> ...


They're not supposed to hold them against you though, so long as they're disposed of (dismissed/found Not Guilty). Of course, if they want to, they can use a different reason... or none at all, so long as they give 7 days notice.


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## Merc7186 (Jul 8, 2017)

Don't you get fired from a job....Im confused...


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## uberdriverfornow (Jan 10, 2016)

supposedly only convictions count against you


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## MAB (Jun 12, 2018)

Merc7186 said:


> Don't you get fired from a job....Im confused...


I should have put will uber deactivate me in the title


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## SEAL Team 5 (Dec 19, 2015)

uberdriverfornow said:


> supposedly only convictions count against you


Oh yea, tell him that.









The public is always the judge, jury and executioner.


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## Sydney Uber (Apr 15, 2014)

So there's a chance the charge against me for impersonating a Nun at a Charity Stall from 35yrs ago could still be there!


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## Andocrates (Jun 8, 2018)

Man bro, don't look good. I got blocked from joining the Navy because of expunged charges. (the USAF took me) I might consider being proactive. Once the charge is expunged do another background check and if the charge shows send a letter from your lawyer kindly but firmly outlining the expungement. That sort of proactive. Get those letters drawn up now while your lawyer is engaged, it'll cost a fortune if you wait till December.



SEAL Team 5 said:


> The public is always the judge, jury and executioner.


"It is the besetting vice of democracies to substitute public opinion for law. This is the usual form in which the masses of men exhibit their tyranny."

-James F. Cooper-


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## Woohaa (Jan 15, 2017)

Uber is about to drop the hammer of Thor on you.


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## JimKE (Oct 28, 2016)

I think chances of you getting deactivated are pretty high. Even though the charges were dropped, it's an actual arrest for Battery - Physical Contact, which sounds like you got physical with someone. We don't know the full facts obviously, but the facts of the case really don't matter anyway.

Uber will not look at this from a legal perspective of guilty/not guilty. Their concern is *rider safety and PR. *

Uber will read the Checkr report and say, _"Here's a driver who has been arrested for physically assaulting someone. *How would it look if we keep this driver and they get into a physical confrontation with one of our customers? * Not good."_


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## Andocrates (Jun 8, 2018)

The police will always arrest even on hearsay - "He touched me." But if it turns out there was no intentional act and no marks on a 'victim' there is no crime. I do not believe UBER could get away with flaunting the criminal court system. There is guilty, not guilty, nolo contendere, dismissal and expungement and all those rulings carry weight. Not guilty is the weakest.


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## Iann (Oct 17, 2017)

I'm curious about why you were arrested to begin with? 
This should be good.


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## Irishjohn831 (Aug 11, 2017)

Iann said:


> I'm curious about why you were arrested to begin with?
> This should be good.


Because of what you tell a woman with 2 black eyes ? Nuthin, because you dun told her twice already.

In all seriousness I had a live in gf who did not like the fact that I'm not an arguer, I'm more the create some distance and talk when whatever was up her ass fell out. She threw a boot at me while I was lying in bed watching TV and said to me, I'm tired of you being such a ***** and not fighting with me, I'm gonna punch myself in the eye and call the police and say you hit me.

She appeared to change her mind when I told her that I recorded everything she said. She literally then opened the window and climbed down the fire escape and went back to her parents home she in Brooklyn and would call my usual hangouts a few days later asking me how I could just go on normally with all that we had together falling apart.

I just said I have people in my life that make it better, life is too short to deal with negative.

I think I just care about me more than others and I've never had a gf get to me, drama it's easier to just move on.


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## Iann (Oct 17, 2017)

Irishjohn831 said:


> Because of what you tell a woman with 2 black eyes ? Nuthin, because you dun told her twice already.


I love these jokes

How do you fix a woman's watch?
You don't. There is a clock on the oven.


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## JimKE (Oct 28, 2016)

Andocrates said:


> The police will always arrest even on hearsay.


Depends on the crime. For some crimes, police must actually witness the event themselves to make an arrest. For others, they can arrest on "probable cause."

"Hearsay," BTW does not mean a victim claiming something. Hearsay is exactly what it sounds like -- "I heard him say..." It's one person reporting what they claim to have heard another person say, and hearsay evidence is _generally_ not admissible in court. (There are exceptions.)


> But if it turns out there was no intentional act and no marks on a 'victim' there is no crime.


Again, it depends. Some crimes require intent, others do not. And there don't have to be visible injuries for a crime to have occurred.


> I do not believe UBER could get away with flaunting the criminal court system. There is guilty, not guilty, nolo contendere, dismissal and expungement and all those rulings carry weight. Not guilty is the weakest.


Uber has nothing to do with the criminal court system in OP's case. And they are not affected in any way by what a court may have decided in OPs case. Their decision is based purely on whether they think OP will continue to be a good independent contractor for them. If so, great. If not, not.


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## Andocrates (Jun 8, 2018)

No, UBER is a legal entity that is bound by the laws we all agree to live with. There is no UBER conspiracy to ignore courts ruling, to do so - to not honor an expungement order is a crime in and of itself. UBER would just deactivate for some other reason but (if all goes as planned) they can't deactivate him for a crime that never happened and for which no records exist..



JimKE said:


> Depends on the crime. For some crimes, police must actually witness the event themselves to make an arrest. For others, they can arrest on "probable cause."
> 
> "Hearsay," BTW does not mean a victim claiming something. Hearsay is exactly what it sounds like -- "I heard him say..." It's one person reporting what they claim to have heard another person say, and hearsay evidence is _generally_ not admissible in court. (There are exceptions.) Again, it depends. Some crimes require intent, others do not. And there don't have to be visible injuries for a crime to have occurred.Uber has nothing to do with the criminal court system in OP's case. And they are not affected in any way by what a court may have decided in OPs case. Their decision is based purely on whether they think OP will continue to be a good independent contractor for them. If so, great. If not, not.


Good stuff my friend. In the case of domestic violence the police officer is the recipient of hearsay and their only goal is to separate a fighting couple.

Without 'marks' how can the state proceed? It can't. Nor do they want too. Instead they issue a restraining order - same for verbal and emotional abuse from a wife directed at a husband. Men often fail to realize they are the victims of spousal abuse and it's hella fun to watch the state bring it's stick down on a woman who absolutely deserves it. Women are so vicious.

HUSBAND: "You know, you could keep this house a little cleaner."

WIFE: "And you could have a big d*ck like your brother."


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## JimKE (Oct 28, 2016)

Andocrates said:


> No, UBER is a legal entity that is bound by the laws we all agree to live with. There is no UBER conspiracy to ignore courts ruling, to do so - to not honor an expungement order is a crime in and of itself. UBER would just deactivate for some other reason but (if all goes as planned) they can't deactivate him for a crime that never happened and for which no records exist..
> 
> Good stuff my friend. In the case of domestic violence the police officer is the recipient of hearsay and their only goal is to separate a fighting couple.
> 
> Without 'marks' how can the state proceed? It can't. Nor do they want too. Instead they issue a restraining order - same for verbal and emotional abuse from a wife directed at a husband.


That depends on the law in your state, and domestic violence laws vary all over the place.

In Florida, for MANY years, the domestic violence laws have almost *required* arrest if there was any indication of injury, or probable cause that violence occurred even without injury. If officers do NOT arrest, they have to *explain why* they didn't in their report. When the laws were first passed many years ago, arrest was required, period.

Officers are not big fans of that type of law because they live and work in the real world -- not in the political world -- and they realize that an arrest often only results in worse violence later. The arrested party gets out of jail the next day and settles the score.


> Men often fail to realize they are the victims of spousal abuse and it's hella fun to watch the state bring it's stick down on a woman who absolutely deserves it. Women are so vicious.
> 
> HUSBAND: "You know, you could keep this house a little cleaner."
> 
> WIFE: "And you could have a big d*ck like your brother."


That's not domestic violence. That's just two people remarking on interesting things they have observed.


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## SuzeCB (Oct 30, 2016)

Andocrates said:


> No, UBER is a legal entity that is bound by the laws we all agree to live with. There is no UBER conspiracy to ignore courts ruling, to do so - to not honor an expungement order is a crime in and of itself. UBER would just deactivate for some other reason but (if all goes as planned) they can't deactivate him for a crime that never happened and for which no records exist..
> 
> Good stuff my friend. In the case of domestic violence the police officer is the recipient of hearsay and their only goal is to separate a fighting couple.
> 
> ...


They can give you 7 days notice and deactivate you for NOTHING, if they want to. Read your contract.


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## Andocrates (Jun 8, 2018)

Can they fire you for being gay?


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## MAB (Jun 12, 2018)

Iann said:


> I'm curious about why you were arrested to begin with?
> This should be good.


Got in a scuffle with my brother.


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## UberBastid (Oct 1, 2016)

Andocrates said:


> Can they fire you for being gay?


They'd have to hire you first.



MAB said:


> Got in a scuffle with my brother.


And he called the cops on you?
wow


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## OrlUberOffDriver (Oct 27, 2014)

The flaw is where Checkr BG only returns "clear" or "not clear"
If something was posted on your record even if expunged it will return "not clear".


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## JimKE (Oct 28, 2016)

SuzeCB said:


> They can give you 7 days notice and deactivate you for NOTHING, if they want to. Read your contract.


They can actually deactivate you with no notice -- as we've seen in numerous threads complaining about trying to go online and finding that they were deactivated. And you are right -- they don't need any REASON. Either party can terminate the agreement for no reason at all.



Andocrates said:


> Can they fire you for being gay?


No, of course not.

But they don't have to -- and often won't -- give ANY reason. They just turn you off, and when you ask why they say somebody else handled it and the decision is final. They don't have to tell you a thing.

I've only seen them give reasons in two situations:

When a rider has made a SERIOUS complaint, or
Because a background check came back with negative information
And in both of those scenarios, they have said the decision was irreversible and final.


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## Andocrates (Jun 8, 2018)

Gravel trucks can post all the "Not libel for broken windshields" signs they want - they are still libel. UBER loses every court case brought against them.


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## JimKE (Oct 28, 2016)

Andocrates said:


> UBER loses every court case brought against them.


There's another thread about one of our local South Florida drivers suing Uber to be allowed to carry a gun. The judge threw the case out -- Uber won. They win some, lose some just like every other business on the planet.


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