If you are a driver for Uber or Lyft who has been denied a background clearance certificate and pulled off the road because of a negative background check, you have a legal right to appeal. The driver background checks, while intended to promote public safety, have had the unintended effect of disrupting the lives of thousands of law-abiding transportation network drivers for Uber and Lyft in Boston. A minor offense that occurred in the past should not prevent you from working and making a living. A knowledgeable Boston fired Uber driver lawyer can guide you through the appeals process.
The rideshare employment attorneys at Kelly & Soto, the Law Guys, are committed to providing personalized legal representation to fired Uber and Lyft drivers in the Boston area who have been unfairly dismissed or taken off the street. We recognize that a negative background check can disrupt your life and cause financial stress if you are unable to work and earn income. You may feel overwhelmed, angry and unsure where to turn. You should not be penalized for an old issue that is not relevant to doing your job. Let us provide a free review of your specific situation and offer guidance about how to move forward.
Contact the dismissed driver background check lawyers at Kelly & Soto to learn how we can help. Allow us to provide you with a case evaluation free of charge and without obligation.
The Driver Background Check in Massachusetts
The Massachusetts Department of Public Utilities recently reported that 11 percent of the state’s more than 70,000 drivers for Uber, Lyft and Fasten had failed a recent background check.
The driver screening is part of a new regulatory process for ride-hailing services signed into law in Massachusetts in 2016. The law regulating transportation network companies gives the Massachusetts Department of Public Utilities authority to conduct background checks on drivers and establishes disqualifying offenses.
Unfortunately, many drivers are being unfairly deactivated by an overly strict screening process that includes a lifetime look-back period.
Those disqualified included more than 1,200 drivers who have a disposition of “continuance without a finding” on their record. Many criminal charges in Massachusetts district courts are routinely resolved with plea agreements known as a continuance without a finding. After an individual admits that the prosecution has adequate facts to prove the case, the court simply continues the case without a finding of guilt and places the individual on probation for a period of time. It allows an individual who successfully completes probation to avoid having a criminal conviction on their record.
How a Lawyer Can Help You Appeal the Decision
Drivers for Uber, Lyft and Fasten drivers who were denied a background clearance certificate have a legal right to appeal. Our attorneys can review your situation, determine the appropriate legal reasons for your appeal and advise you if you have any disqualifying conditions.
Seeking an appeal involves submitting an email to the Transportation Network Companies Division with the following required information:
(1): Identification Information
Date of Birth:
(2) Specific Reason for Appeal
If you fail to list a valid reason when claiming an appeal, your appeal may be denied without a hearing. It is important to preserve your appeal by correctly following the procedural steps and including the correct information. A knowledgeable fired Uber driver attorney can offer guidance and help prepare the strongest appeal.
The Commonwealth of Massachusetts circulates criminal record information on a report known as a Criminal Offense Record Information, or CORI. An important step before submitting an appeal is to obtain a copy of your CORI by sending an email with your name, date of birth and complete mailing address to DCJIS.RAO@massmail.state.ma.us. Our attorneys can review the CORI and help interpret the entries on the report.
If you are granted an appeal hearing, you have a right to have a lawyer represent you at the hearing before the Transportation Networks Companies Division. We will gather and present evidence to support your appeal.
If your appeal of a negative background check is based on inaccurate information contained in the CORI, a Boston attorney can work on your behalf to get the record corrected. For example, if there is a charge on your CORI marked open that should have been closed, the attorneys at Kelly & Soto can contact the Office of the Commissioner of Probation or the chief probation officer at the court where the charges were brought on your behalf to have the record corrected.
How Having Your Records Sealed Can Help
You may be eligible to have records of certain misdemeanor and felony convictions sealed in Massachusetts after certain lengths of time. If you were found not guilty, the case was dismissed or the charge was dropped for lack of probable cause, you may file a petition to seal the record without waiting for time to pass.
The CORI report is accessible to potential employers, landlords and the public until an individual takes the necessary steps to have the record sealed. Having your records legally sealed can help you secure employment and housing. Having your record sealed also may prevent an old mistake from unfairly affecting your future.
At Kelly & Soto, we can discuss your eligibility to have your records sealed so that your life will not be disrupted by an intrusive background check. If you qualify, we can file a petition to seal on your behalf asking the Office of the Commissioner of Probation to seal your record of convictions. If a District Court Judge who reviews your petition decides that a hearing is needed, our attorneys will represent you at the hearing and explain why there is good cause to seal your records.
If you hire Kelly & Soto Law, you will receive personalized attention from an experienced Boston attorney. We understand that you and your family are going through a stressful time because your ability to make a living as an Uber driver or Lyft driver has been disrupted. We will answer your questions and discuss your legal options to appeal the negative background determination. We will work aggressively on your behalf to resolve the situation and keep you informed of our progress.