Instacart Background Check Errors

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12 Sep, 2024
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Think your career is ruined because of a failed Instacart background check? Think again. Here’s how to fight it.

Is an error in your Instacart background check keeping you from working? These mistakes - from inaccurate disqualifiers to misspellings - are more common than you think and can diminish your earning potential. But you can fight back and don’t have to do it alone. Learn your rights and how Consumer Attorneys can help you get back on track.

If you’re reading this, it’s likely that your goal of shopping for Instacart has not proceeded according to plan. We are sorry that you are going through this. We know how it feels. It's disheartening. It's confusing. It's scary. It's infuriating. It’s often not your fault. 

There are many reasons why your experience with your Instacart career has not gone as planned. Too often, it is because of a problem with your background check. You might have received disappointing news or encountered confusing status updates that left you uncertain about your future as an Instacart shopper. The prospect of losing a job opportunity can be scary, especially if the reason is unclear or feels unfair. But take a deep breath—you're not alone in this, and there are steps you can take to protect your rights. The background check lawyers at Consumer Attorneys are here to help you navigate the complexities of background checks and fight for the justice you deserve.

About Instacart

Instacart is a popular grocery delivery service that connects customers with personal shoppers who pick up and deliver their groceries. Since its launch in 2012, Instacart has become a go-to option for people looking for flexible work, whether as a side gig or a full-time job. Becoming an Instacart shopper is relatively straightforward - until you hit the background check.

Before you can start shopping for Instacart, you must pass a background check. This check is meant to ensure that shoppers are trustworthy and safe to enter customers' homes. While this sounds reasonable, the background check process can be fraught with errors, delays, and misunderstandings that could unfairly prevent you from getting the job. Understanding how Instacart’s background checks work is crucial, especially if you've encountered issues.

How Does Instacart Conduct Background Checks?

You may be wondering, “How does Instacart do a background check?” Instacart outsources its background checks to third-party companies, primarily Sterling, a well-known background screening service. These checks are designed to review various aspects of your past to ensure you don’t pose any risks as an Instacart shopper.

The background check typically includes:

  • Criminal history. To see if you have any felony or misdemeanor convictions.
  • Driving records. Especially important if you’re applying to be a full-service shopper who delivers groceries by car.
  • Identity verification. To ensure that you are who you say you are.
  • Sex offender registry. A search to ensure you’re not on the registry.

Instacart relies on these third-party services to gather and analyze this information, but sometimes, errors can creep in—errors that could cost you your job.

How Long Does a Background Check from Instacart Take?

One of the most common questions is, “How long does Instacart background check take?” Typically, the background check Instacart requires takes about 5 to 10 business days to complete. However, the actual Instacart background check time can vary. Delays might occur if there’s difficulty obtaining records from certain jurisdictions or if additional review is needed.

If your background check takes longer than expected, it’s natural to feel anxious. Delays could mean that something on your record requires closer examination, or it could simply be a backlog at the background check company. Either way, if the process is dragging on, it might be time to seek advice from a background check lawyer who can help you understand your options.

Common Instacart Background Check Disqualifiers

"What does Instacart background check look for?" is another frequent concern for potential shoppers. Knowing what might disqualify you can help you better understand your situation. Some of the most common Instacart background check disqualifiers include:

  • Felony convictions. Serious crimes, especially those related to violence, theft, or drug offenses, are often disqualifying.
  • Misdemeanor convictions. While less severe than felonies, certain misdemeanors, such as theft, assault, or fraud, can also disqualify you.
  • Driving offenses. A poor driving record, including DUIs, reckless driving, or multiple traffic violations, can prevent you from being approved, particularly if driving is part of your job.
  • Identity issues. If there’s a discrepancy with your identity or personal information, it could raise red flags during the background check.
  • Sex offender status. Being on the sex offender registry will typically disqualify you from working with Instacart.

These disqualifiers are intended to protect customers but can sometimes lead to unfair outcomes—especially if errors or outdated information are involved.

Different Instacart Background Check Statuses

After you submit your information, you’ll likely monitor your background check status while hoping for a swift “Clear” update. Unfortunately, not every status update is straightforward. Let’s explore the different Instacart background check statuses and their meaning.

Why is My Instacart Background Check Suspended?

If your background check status reads “suspended,” it’s understandable to feel alarmed. A suspended status generally means the background check process has been put on hold. This can happen for several reasons:

  • Pending verification. The background check company may be waiting for additional information or confirmation from various sources, such as court records or driving records.
  • Identity confusion. There could be an issue with verifying your identity, such as a mismatch in your social security number or name.
  • Review required. Something on your record might need further review by Instacart or the background check company.

A suspended background check can be frustrating, especially when you’re eager to start working. If your background check remains suspended for an extended period, it might be time to consult with a consumer attorney who can help resolve the issue.

Why is My Instacart Background Check Level 1?

A “Level 1” status can be confusing and might make you wonder about your eligibility. In some background check systems, "Level 1" might indicate a basic or initial level of clearance, but the specific meaning can vary depending on the background check company. If you see this status, contacting Instacart or the background check provider for clarification is a good idea. A background check lawyer can also help interpret these statuses and advise on any necessary steps.

Why is My Instacart Background Check Consider?

Seeing a “Consider” status on your background check can be particularly nerve-wracking. This status usually means that something on your record has prompted further review. It doesn’t automatically mean you’ve been disqualified, but it does indicate that there’s something that Instacart needs to take a closer look at. Common reasons for a “Consider” status include:

  • Minor misdemeanors. Misdemeanor offenses that might not be serious enough for outright disqualification but still warrant consideration.
  • Driving violations. Traffic offenses that might not be severe enough to disqualify you but still require review.
  • Unusual records. Any record that’s unusual or difficult to categorize might lead to a “Consider” status.

If your Instacart background check says “Consider,” it’s important to be proactive. A consumer attorney can help you understand the reason for this status and work with you to resolve it.

What Are the Consumer's Rights When Verifying Their Background Check?

As a consumer, you have rights under the Fair Credit Reporting Act (FCRA), which governs how background checks are conducted and used. When verifying your background check, you have the right to:

  • Access your report. You can request a copy of your background check report from the company that conducted it.
  • Know the purpose. The FCRA requires a permissible purpose for a company to run a background check. Make sure you authorize the company to request a background check report. 
  • Dispute inaccuracies. If your report contains errors, you have the right to dispute them and have them corrected.
  • Receive notice. If your background check is used to make an adverse decision, such as not hiring you, you must be notified and allowed to correct any inaccuracies.
  • Seek legal help. If errors in your background check have harmed you, you can seek the assistance of a background check lawyer to pursue legal action.

Understanding your rights is crucial, especially if you believe that your background check contains errors or has been mishandled. Someone at Consumer Attorneys can help you assert your rights and correct any mistakes.

Which Companies Does Instacart Use for Background Checks?

Instacart primarily uses Checkr to conduct its background checks but may also work with other third-party companies, like Sterling. Checkr is a major player in the background check industry, handling millions of checks each year for companies across various sectors.

Background check companies are required by law to use reasonable care when preparing background checks. But mistakes happen too often. Background check companies also contract with local agencies or databases to gather specific information, sometimes leading to discrepancies or delays. If you believe there’s been an error in your background check, it’s important to know which company conducted it so you can address the issue directly. A background check lawyer can assist in navigating these complexities and holding the appropriate parties accountable.

Can Errors Occur in Background Checks from Instacart?

Yes, errors can and do occur in background checks from Instacart. These errors can range from minor mistakes to significant inaccuracies that can unfairly disqualify you from working as an Instacart shopper.

What Causes Errors in Background Checks?

Several factors can lead to errors in background checks. Understanding these causes can help you recognize and address any mistakes that might appear on your report.

Main Types of Errors

  • Outdated information. Background check companies sometimes pull information from outdated databases, which can lead to the inclusion of old or irrelevant records.
  • Mistaken identity. Common names or clerical errors can result in your report being mixed up with someone else’s.
  • Incomplete records. Incomplete or missing records can paint an inaccurate picture of your history.
  • Errors in reporting. Mistakes in reporting or categorizing information can lead to misleading or incorrect conclusions.
  • Court records issues. Sometimes, court records are not properly updated, leading to inaccurate background check results.

These errors can be incredibly frustrating, especially when they affect your livelihood. A background check lawyer can help identify and correct these mistakes, ensuring your report accurately reflects your true background.

How Often Do Errors Occur in Background Checks from Instacart?

You are not alone. Errors happen frequently. Determining exactly how frequently errors in background checks from Instacart or any other company occur is challenging because the industry operates with a vast amount of data from multiple sources, each with its own potential for mistakes. However, it is clear that errors are more common than many people might think, and they can have serious consequences for those affected.

Given the scale at which companies like Instacart operate, even a small error rate can affect many potential shoppers. Instacart serves millions of customers across the U.S., and with thousands of shoppers applying to work for the company each year, a 1% error rate could mean hundreds, if not thousands, of applicants, are wrongly disqualified or delayed due to inaccuracies in their background checks.

Moreover, background check companies themselves have acknowledged the potential for errors. For instance, Sterling, the primary background check provider for Instacart, processes millions of checks annually. While Sterling is considered a leader in the industry, the sheer volume of checks means that mistakes are inevitable. According to a 2019 article in The New York Times, the CEO of Sterling mentioned that while the error rate might be low, with the high volume of checks conducted, the number of people affected can still be significant.

But right now you’re the one who is dealing with an error. And it’s scary. 

For individuals undergoing a background check with Instacart, even a small error in the data could unfairly jeopardize their ability to work. Whether it's due to an outdated court record, a clerical mistake, or identity confusion, the consequences of these errors can be devastating. Applicants may be suddenly disqualified from a job they were counting on, leading to lost income and emotional distress.

What Are the Consequences of Having Errors in Your Background Check Report?

The consequences of errors in your background check report can be severe. You could be unfairly disqualified from working as an Instacart shopper, leading to lost income, damaged reputation, and emotional distress. Sometimes, these errors could prevent you from getting any job, especially if the mistake is related to criminal history or identity issues.

If your Instacart account was deactivated after background check errors, you may feel hopeless and unsure of how to proceed. This is where consumer attorneys come in—they can help you fight back, correct the errors, and potentially recover damages for the harm caused.

You Can Contact Instacart if You Need to Correct an Error in the Background Report

If you find an error in your Instacart background check, your first step should be to contact Instacart and the background check company (likely Checkr) to dispute the mistake. Here’s what you should do:

  • Request a copy of your report. Obtain a copy of your background check report to review the information firsthand.
  • Submit a dispute. If you find an error, submit a dispute to the background check company, detailing the inaccuracies and providing any supporting documentation.
  • Follow up. Stay on top of your dispute by regularly checking in with the company to ensure it’s being processed.
  • Seek legal help. If your dispute isn’t resolved to your satisfaction, or if the error has already caused you harm, contact a background check lawyer for assistance.

What to Do if You Do Not Receive Answers to Your Questions on the Background Report

Don't give up if you’re not getting satisfactory answers from Instacart or the background check company. Companies can be slow to respond or dismiss your concerns altogether. This is where a background check lawyer from Consumer Attorneys can make a big difference. They can step in to ensure your dispute is taken seriously and that your rights are respected.

You Can Sue Instacart if Your Report Contains Errors

When background check errors cause real harm—like losing a job or being denied a position—you have the right to seek justice. You can sue Instacart, the background check company, or both if they’ve violated your rights under the Fair Credit Reporting Act (FCRA).

Who Can You Contact to Solve the Problem With an Error in the Background Report from Instacart?

If you need help solving a problem with your Instacart background check, you should contact:

  • Consumer Attorneys. Contact us any time. We know how it feels to fail a background check and are prepared to offer support, legal guidance, and legal representation.
  • Instacart support. Contact Instacart to explain the situation and ask for guidance on resolving the issue.
  • Background check company. If Sterling or another company conducted your background check, contact them directly to dispute any errors.

Assistance in Disputing Instacart Background Report

A background check lawyer can provide invaluable assistance in disputing your Instacart background report. They can help you gather evidence, file disputes, and even take legal action if necessary. Their expertise ensures that your rights are protected and that you have the best possible chance of clearing up any errors and getting back to work.

Lawsuits Against Instacart (Some of Our Cases)

When background check errors lead to serious consequences, lawsuits can help hold companies accountable and compensate those who’ve been wronged. Here are a few examples of cases where consumer attorneys have successfully helped clients harmed by errors in their Instacart background checks.

Case 1: Inaccurate Report of a Felony Leads to Disqualification

Our client J.M. of Washington State was wrongly disqualified from working as an Instacart shopper due to a background check error. Checkr erroneously reported to Instacart that J.M. was convicted of several felonies. She had never been convicted of a felony in her life. After months of frustration and lost income, J.M. contacted us and asked us for help in correcting the mistake and recovering damages for the harm Checkr caused. We sued Checkr for failing to do even a cursory review of the underlying documents they found in the court system, and after months of litigation and negotiating, we settled with Check for a sum that J.M. found very favorable. 

Case 2: Failure to Validate Social Security Card Leads to Job Denial

Last year, we represented A.S. in the United States District Court for the District of Kansas. A.S. was denied a job with Instacart when Checkr reported to Instacart that A.S. did not have a valid Social Security card. This reporting made A.S. look like a liar and she spent months trying to fix it before contacting Consumer Attorneys. We learned that Checkr often relies on another third-party commercial database to look for Social Security numbers and, had it checked the actual Social Security database, would have learned that A.S. did have a Social Security number and was absolutely employable. We advocated for A.S. and eventually settled with Checkr for a settlement amount with which A.S. was pleased. 

Navigating the world of background checks can be frightening, especially when your career and livelihood are at stake. If you’ve encountered issues with your Instacart background check, know you don’t have to face them alone. Whether it’s a confusing status, a delay, or a disqualification due to errors, consumer attorneys are here to help you fight for your rights.

Remember, you have the right to a fair and accurate background check, and if those rights have been violated, you have legal options. Don’t let a background check error ruin your future - contact a background check lawyer at Consumer Attorneys today to discuss your case and explore your options. With the right help, you can clear your name, reclaim your job, and confidently move forward.

Frequently Asked Questions

Your Instacart background check might be on hold for several reasons. Often, this status indicates that the background check company, typically Sterling, needs more time to verify certain information. This could involve awaiting responses from courts or other institutions, clarifying discrepancies in your identity, or dealing with incomplete data. In some cases, a hold may be placed if there are potential issues in your background, such as a criminal record or driving offense, that require further review. If your background check remains on hold for an extended period, it’s wise to contact Instacart or seek advice from a background check lawyer to resolve any complications.

When Instacart says your background check has not cleared, it typically means there’s an issue that needs further investigation before you can be approved as a shopper. This could be due to criminal records, driving offenses, or other red flags found during the background screening process. It might also indicate that the background check company is still verifying certain details, such as court records or identity information. While “not cleared” doesn't necessarily mean a final rejection, it does suggest that your application is in jeopardy. At this stage, it’s essential to stay informed and consider seeking help from Consumer Attorneys if needed.

Instacart primarily uses Checkr, a leading third-party background check provider, to conduct background screenings on potential shoppers. Checkr is responsible for gathering and analyzing your criminal history, driving records, and other relevant information to determine your eligibility to work with Instacart. In some cases, Instacart might also use other background check companies, including a company called Sterling, depending on the region or specific requirements. While background check companies are required by law to use reasonable care to prepare accurate checks, errors still occur, and these mistakes can have serious consequences. If you believe there’s been an error in your background check, you may need to contact Sterling directly or seek legal assistance to correct the issue.

Yes, the Fair Credit Reporting Act (FCRA) covers background checks. The FCRA is a federal law that regulates how background checks are conducted and used, ensuring that the information is accurate, fair, and private. Under the FCRA, you have the right to know if information in your background check has been used against you, to dispute inaccurate or incomplete information, and to obtain a copy of your background check report. Companies like Instacart, which use third-party services for background checks, must comply with the FCRA. If your rights under the FCRA have been violated, you can seek legal recourse, including filing a lawsuit.

Your Instacart background check might be taking longer than expected due to several factors. Delays can occur if the background check company, typically Checkr, is waiting on information from courts, government agencies, or other institutions. If you’ve lived in multiple states or have a common name, the process might require more extensive verification, leading to further delays. Another reason could be discrepancies or potential issues in your records that need additional review. If your background check is taking too long, it’s a good idea to follow up with Instacart or the background check provider. Consulting with a background check lawyer may also help speed up the process.

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Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more

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