A Driver’s Fight-Back After a False Background Check Suspension
Disclaimer: This is a fictionalized scenario created for educational purposes. It is not a real case.
Situation: Uber Background Check Dispute
Alex had been driving for Uber for over two years with a spotless record when one morning, he opened his app and found his account suspended. He learned that a background check vendor reported a criminal conviction, even though he had secured an expungement for that charge years earlier. In short: a false or outdated record that shouldn’t have appeared. Because of it, Alex lost roughly two weeks of income, struggled to pay rent and auto expenses, and had to borrow money just to stay afloat.
Challenge: Screen-Vendor Refused to Correct the Report
Alex tracked down the screening company and submitted his first dispute. He attached his court’s official expungement order and asked for correction. But the vendor refused, saying their third-party data source still listed the conviction. In effect: the record was legally sealed, yet kept appearing in the background check. His driving account remained disabled, income stopped, and stress mounted.
Legal Rights: Enter the Background Check Lawyer
Frustrated, Alex contacted a background check lawyer. He learned he had rights under the Fair Credit Reporting Act (FCRA):
Under § 1681e(b): screening agencies must use reasonable procedures to assure maximum possible accuracy.
Under § 1681i: when you dispute inaccurate information, the agency must investigate and correct/delete it.
With his lawyer’s support, Alex filed a second dispute with the same expungement documents and evidence of lost income. The vendor again failed to comply.
Resolution: Compensation & Closure
Faced with legal risk, the vendor finally updated Alex’s report, removed the expunged record, and sent the correction to Uber. His account was reinstated. Alex received compensation for the lost income, the borrowed funds, and the emotional distress and reputational harm caused by the false record. The legal case was settled – the issue resolved, and Alex regained his livelihood.
Key Takeaways for Consumers
If a background check lists a conviction you believed expunged, don’t overlook it — that is a prime candidate for a background check dispute.
Retain all court documents (expungement orders, dismissal letters) and act quickly when incorrect data appears.
If the vendor won’t update the record, hire a background check lawyer and invoke your rights under § 1681e(b) and § 1681i.
Beyond clearing your record, you may be eligible for compensation for lost income, borrowing costs, and emotional harm.
Staying proactive about your personal file helps safeguard your income, housing, and reputation.
Need help with your background check? Contact us!
When a background check vendor flagged a legally expunged conviction, our driver lost two weeks of income and had to borrow money.
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