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    Sometimes drivers do everything right. They follow the terms of service, they are good drivers, they get great ratings and comments from their passengers, but when the annual background check comes along, something goes wrong.

    In the case of a botched background check, drivers can be deactivated for something on that report even though they didn’t get any tickets or suspensions the previous year.

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    In cases like that—and many others—drivers have very limited options on what to do. It’s not easy to contact Uber support and sort out issues. Plus, dealing with support and trying to get issues resolved takes a lot of time (which drivers don’t have) and tons of organizational skills to keep track of everything.

    So, what can drivers do when something goes wrong? Find someone who can fix it, like Larry Smith of SmithMarco.

    This article was sponsored by SmithMarco, P.C., but as always, opinions are our own.

    Background Check Issues: Faulty Background Checks

    Sometimes things go wrong and the background check company misses things or misinterprets information about you that it provides to companies like Uber and Lyft. These mistakes can be your undoing as a rideshare driver, but that doesn’t have to mean the end of rideshare driving.

    If you think you’ve been unfairly deactivated based on misinformation on a background check, your first stop should always be to contact the credit check company to contest their findings if anything is incorrect.


    After that, your next step should be considering legal help, such as Larry Smith with SmithMarco.

    There are numerous reasons why a background check can go wrong. If you didn’t actually get any tickets or violations against you, but your background check is the reason given for deactivation, turn to SmithMarco to see how they can help you.

    Example case:

    Here’s an example of a case that SmithMarco has resolved:

    Our client had been driving for Uber for 1.5- 2 years. It was his only means of employment. In 2019, Uber conducted a random background check. They matched him up with another person with the same name (the client’s name is somewhat common).

    That other person has multiple DUIs and Driving on a Revoked License, and an obstruction charge. None of those charges are our client’s. Plus the names were wrong!”

    It’s a simple mistake that was fixed, thanks to Larry Smith’s involvement. But imagine being out of a job, your only job, because of a simple name mixup.

    Other cases they’ve worked with or are currently working on include people who had CDLs and stopped driving for trucking companies. A mix-up happened on the background check making it look like their licenses were suspended when they actually weren’t.

    Another example is someone who was working towards a motorcycle license. The motorcycle license had limitations such as no passengers, but somehow it got interpreted that their regular license wouldn’t allow passengers or driving at night, eliminating the possibility of driving for rideshare altogether.

    Three Common Background Check Errors

    Larry Smith said there are three kinds of cases they see most often. Merged files, an old/not updated file, and misreading.

    For a merged file, it simply means the background check company got the wrong person. They pulled the background of someone that is not the client and presented it as their information.

    For an old or not updated file, maybe the person was convicted of something a while ago. Maybe that record got expunged. But, for whatever reason, the background check company is using the old file with that old information instead of an updated version that shows the expungement.

    Third, misreading by the background check person or system. The checker looks for keywords and pulls out the pertinent information. However, it missed some important information that provided context. It missed the “no” in front of a word which completely changes the meaning. Or didn’t notice something really important.

    That’s where SmithMarco comes in to help sort out the mistake and fix it.

    Cost to Drivers

    There is no cost to drivers for this service! Let that sink in.

    In a nutshell, Larry Smith and his team and SmithMarco will go after the background check company to contest the deactivation and to collect money for you (for the time you haven’t been able to drive on the platform, etc), along with their legal fees.

    You pay nothing to anyone for this service.

    Who to Contact to Contest a Background Check Issue

    If you’ve been unfairly deactivated based on incorrect or misleading background information, contact SmithMarco:

    Have you been impacted by an incorrect background check? What happened?


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    -Paula @ RSG

    Paula Lemar

    Paula Lemar

    Paula has been writing for the Rideshare Guy since the fall of 2018. The main focus of her articles has been breaking news, reviewing new apps, driver experiences and more. Prior to her time with the Rideshare Guy, Paula worked as a writer and editor for various publications including local newspapers, sporting goods catalogs, online merchandise and more. She currently has a full-time job editing for a top beauty company and enjoys reading, playing board games and participating in weekly trivia.