Can a Felon Drive for Uber? Policy and Background Checks

Uber maintains rigorous safety standards, requiring a thorough background screening process for every potential driver. Whether an individual with a felony conviction can drive depends on the nature of the crime and the time elapsed since the conviction. These rules are also subject to variation based on local and state laws. Understanding Uber’s background check mechanism and the categories of disqualifying offenses is necessary to navigate the application process.

How Uber Screens Potential Drivers

Uber utilizes a comprehensive, two-part screening process reviewing both driving and criminal history. The company outsources this process to third-party providers, such as Checkr, HireRight, and Samba Safety, ensuring compliance with federal laws like the Fair Credit Reporting Act (FCRA). This mechanism is designed to flag records that indicate a risk to passenger safety, with results from the vendor being the foundation for Uber’s decision.

The first part is a Motor Vehicle Report (MVR) review, assessing the driving record for the past three to seven years. If a candidate fails the MVR check, the criminal background check is often not performed. The second part is the criminal history check, which searches national, state, and local databases for convictions. This search identifies records that disqualify an applicant based on Uber’s internal safety criteria, applied uniformly unless superseded by local regulations.

Specific Rules for Felony Convictions

A felony conviction is a significant barrier to driving for Uber, with the outcome depending on the crime’s nature and how recently it occurred. Uber divides felonies into two categories: those resulting in a permanent bar and those subject to a look-back period. Certain severe crimes lead to permanent disqualification, regardless of when the conviction took place. This group includes convictions for sexual assault, murder, kidnapping, and terrorism-related offenses.

Felonies not permanently disqualifying are typically subject to a look-back period, often seven years. If a non-violent felony conviction occurred more than seven years before the application date, it may not automatically result in disqualification. This look-back period is intended to give individuals with older, non-violent offenses a chance to drive for the platform. Uber focuses on ensuring the applicant’s most recent history demonstrates a commitment to safety and responsibility.

The look-back period for criminal history can vary depending on the jurisdiction where the person is applying. If a candidate has a pending charge for a potentially disqualifying crime, Uber may place the application on hold until the matter is resolved. For any felony conviction, the background check provider reports the specific case details and court records to Uber for a final determination.

Other Disqualifying Criminal and Driving History

A clean felony record is only one requirement, as other criminal and driving history issues can lead to disqualification. Serious driving violations are a common reason for denial. A conviction for driving under the influence (DUI) or other drug-related driving violations in the past seven years typically leads to a ban. Reckless driving and major driving offenses involving a vehicle, such as a hit-and-run, within the last seven years are also disqualifying.

Uber’s criteria also assess an applicant’s recent driving record for a shorter period, often three years. Accumulating more than three minor moving violations, such as certain speeding tickets or traffic light violations, within the last three years can result in a failed MVR check. Serious misdemeanors, especially those involving violence, drugs, or fraud, can also lead to disqualification. Additionally, any individual listed on the National Sex Offender Registry is automatically ineligible to drive for the platform.

The Impact of Local and State Regulations

Uber’s national background check policy is frequently modified or superseded by specific local and state laws, altering the outcome for applicants with a criminal record. Certain jurisdictions have enacted “Fair Chance” or “Ban the Box” laws that restrict how far back an employer can look into a candidate’s criminal history. These local ordinances promote employment opportunities for individuals with conviction histories by limiting the use of older records in hiring decisions.

For example, states or cities like New York City have implemented laws requiring an individualized assessment of a person’s criminal history, rather than automatic denial based on the presence of a record. These regulations mandate that companies consider factors such as the age and severity of the conviction, and the relevance of the offense to the job duties. Local laws can also impose a stricter limit on the look-back period, potentially overriding Uber’s standard seven-year rule. When a local law conflicts with Uber’s policy, the company must adhere to the more restrictive legal requirement of the local jurisdiction.

Appealing a Disqualification Decision

An applicant disqualified from driving for Uber has the right to appeal the decision, especially if they believe the background check contains errors. The first step involves exercising rights granted under the Fair Credit Reporting Act (FCRA). The applicant is entitled to receive a copy of the background check report and is notified if the adverse decision was based on that information.

If the report contains inaccuracies, such as an incorrect conviction or an identity mix-up, the applicant must file a formal dispute directly with the third-party background check vendor, such as Checkr. The FCRA requires the vendor to investigate the disputed information and correct any errors within a maximum of 30 days. Correcting an error with the vendor increases the likelihood of Uber reversing its initial disqualification decision. After any inaccuracies have been addressed, the applicant can pursue an appeal directly with Uber based on the corrected report.