Lyft Deactivated Me Over Old Background Check Issue - Can I Fight This? (2024)

I've been driving for Lyft for almost 3 years with a perfect rating. Last week I got an email saying my account was deactivated due to "information found in your background check."

Here's the thing - I had a misdemeanor for possession back in 2018. It was a small amount, first offense, and I completed a diversion program. The charge was EXPUNGED in 2019. That was over 7 years ago.

I've passed background checks before - I literally got approved by Lyft originally. Why is this coming up now? And shouldn't an expunged record not even show up?

This is my main source of income. I have a family to support. Is there anything I can do to fight this? Has anyone successfully gotten reactivated after a background check deactivation?

First off, I'm sorry you're dealing with this. Unfortunately it's more common than you'd think. Let me explain what's probably happening:

Why this is showing up now:

• Lyft runs periodic background checks on existing drivers, not just at signup
• They use Checkr as their background check provider
• Checkr pulls from multiple databases - court records, state repositories, national databases
• Sometimes expunged records still appear in older databases that haven't been updated

The expungement problem:

Expungement seals records at the court level, but it doesn't automatically propagate to every third-party database. Some background check companies pull from commercial databases that may still have your old record cached. This is actually a violation of your rights if they report expunged records.

Your first step should be to request a copy of your background check from Checkr directly. You're entitled to this under the FCRA.

I went through almost the exact same thing last year. Got deactivated over a 6-year-old DUI that I had expunged. Here's how I got reactivated:

Step 1: Get your Checkr report

Go to candidate.checkr.com and create an account or log in. Request a copy of your report. They have to give it to you for free.

Step 2: File a dispute with Checkr

Once you have the report, if the expunged record is showing, file a dispute directly through the Checkr portal. Upload your expungement documents - court order, certificate, whatever you have. Be thorough.

Step 3: Contact Lyft support separately

While the Checkr dispute is processing, also contact Lyft support and let them know you're disputing inaccurate information. Ask them to put a hold on your account termination pending the dispute resolution.

For me, the whole process took about 3 weeks. Checkr updated their records, sent a corrected report to Lyft, and I was reactivated. It was stressful but it worked.

Adding some legal context here. You have important rights under the Fair Credit Reporting Act (FCRA) that apply to background checks:

Your FCRA Rights:

• Right to disclosure: You can request a free copy of your background check report
• Right to dispute: If information is inaccurate, incomplete, or outdated, you can dispute it
• Right to investigation: Checkr must investigate disputes within 30 days
• Right to correction: If the dispute is valid, they must correct the report and notify anyone who received it

Regarding expunged records specifically:

Under the FCRA, consumer reporting agencies generally cannot report records older than 7 years for most purposes. Additionally, if a record has been legally expunged, sealed, or dismissed, reporting it as a conviction may violate both federal and state laws.

California has particularly strong protections under the Investigative Consumer Reporting Agencies Act (ICRAA). If you're in California, a background check company reporting an expunged record could face significant liability.

If Checkr corrects the record and Lyft still won't reactivate you, that's a separate issue and potentially actionable.

Just want to add some info about what actually disqualifies you from Lyft. I've been driving rideshare for 6 years and have helped a few friends navigate this.

Automatic disqualifications (usually permanent):

• Any DUI or DWI within the past 7 years
• Any felony conviction in the past 7 years
• Violent crimes or sexual offenses (usually lifetime ban)
• Hit and run convictions
• Driving on a suspended license recently

Situational disqualifications (may vary):

• Multiple moving violations in a short period
• Non-violent misdemeanors (depends on type and recency)
• Drug-related offenses (case by case)

@FrustratedDriver_Mike - a simple possession misdemeanor from 7+ years ago that's been expunged shouldn't disqualify you under current Lyft policy. This really does sound like a database error. The fact that you passed their initial check 3 years ago supports that.

One more thing - make sure you're also checking your DMV record. Sometimes deactivations blamed on "background check" are actually MVR (motor vehicle record) issues.

Wanted to share realistic timeline expectations since I just went through this process with Uber (same background check company):

My timeline:

• Day 1: Got deactivation notice
• Day 2: Requested Checkr report, received within 24 hours
• Day 3: Filed dispute with documentation
• Day 10: Checkr requested additional documentation
• Day 12: Submitted certified copy of expungement order
• Day 25: Checkr completed investigation, updated report
• Day 28: Uber received corrected report
• Day 35: Account reactivated

So roughly 5 weeks total. During that time I had zero income from rideshare which was brutal. Some tips:

Speed up the process:

• Get certified copies of your expungement order from the court - don't just use photocopies
• Follow up with Checkr every 3-4 days via their support portal
• Document everything - save all emails, take screenshots
• If you hit 30 days with no resolution, mention FCRA complaint to the CFPB - that usually speeds things up

Also consider signing up for other platforms while you wait. DoorDash, Instacart, Amazon Flex all have different background check standards.

UPDATE: Following everyone's advice here and wanted to share progress.

I got my Checkr report and sure enough, my expunged misdemeanor was showing up as a conviction. No indication it was expunged. Filed a dispute immediately with my court documents.

Checkr came back after about 2 weeks and confirmed the record should be removed. They sent an updated report to Lyft.

I'm now waiting on Lyft to process the reactivation. Support said it could take another 5-7 business days. Fingers crossed.

Thank you all so much for the guidance, especially @ReactivatedDriver_Carlos and @EmploymentLaw_Sarah. Without this thread I would have just accepted the deactivation. Turns out fighting back does work.

Will update when I'm (hopefully) back on the road.