For the estimated 19 million Americans with a felony conviction on their record, finding stable employment can be one of the biggest barriers to rebuilding their lives after prison. Many companies are hesitant to hire former offenders, often citing concerns about safety and liability.
But a growing body of research suggests gainful employment is one of the most effective ways to keep felons from returning to crime. A study by the Brookings Institution found that only 55% of former inmates have any reported earnings in the first year after release. Among those who do find a job, their median annual income is just $10,090—hardly enough to make ends meet and avoid the temptation to reoffend.
So where does this leave felons looking for an accessible entry point into the labor market? One possibility is the gig economy, where independent contractor jobs like rideshare and food delivery driving offer flexible hours and low barriers to entry. But does a company like Uber Eats, one of the largest players in the booming food delivery space, hire felons?
Uber Eats‘ Official Policy on Hiring Felons
The short answer is no. According to Uber‘s official policy, any person convicted of a felony is not eligible to drive for Uber Eats. The company requires all prospective delivery drivers to pass a criminal background check, which is conducted by a third-party service called Checkr.
Uber Eats‘ background checks involve searching an applicant‘s criminal history at the national, federal, and county level going back seven years. Both felony and misdemeanor convictions from that time period will appear and factor into the hiring decision.
While a misdemeanor on your record won‘t necessarily disqualify you (depending on the specific offense and how long ago it occurred), Uber Eats has a firm policy against approving any applicant with a felony conviction. Violent and sexual offenses are also automatic disqualifiers, even if they were charged as misdemeanors rather than felonies.
In addition to the criminal history check, Uber Eats also reviews each applicant‘s driving record. To be eligible, you must have a valid driver‘s license, minimum auto insurance, and at least one year of driving experience (three years if you‘re under age 25). Your driving record must be free of major violations like DUIs, reckless driving, or driving with a suspended license.
Why Gig Companies Are Reluctant to Hire Felons
Uber Eats is far from alone in its stance on hiring felons. Most gig economy companies have similar policies in place, barring those with serious criminal convictions from working on their platforms. The two major rideshare giants, Uber and Lyft, are especially strict due to the more intensive interactions their drivers have with passengers.
Much of this hiring hesitation comes down to concerns over liability, insurance requirements, and bad PR. Companies worry that if a worker with a violent criminal history harms a customer while on the job, they could face significant legal and financial repercussions. There‘s also the risk of reputational damage and losing consumer trust.
Background check policies may also be influenced by local regulations. Some cities and states have laws on the books mandating certain types of background checks for gig workers, particularly in industries like ridesharing and childcare.
However, many criminal justice reform advocates argue that overly broad bans on hiring felons are not only discriminatory but counterproductive to public safety. Stable employment has been shown to be one of the strongest predictors of successful reentry and desistance from crime.
A study by the National Conference of State Legislatures found that formerly incarcerated people who are employed a year after release can have a recidivism rate as low as 16%, compared to 52% for those who remain unemployed. Yet the unemployment rate for felons hovers around 27%—five times higher than the general population.
The Devastating Impacts of Unemployment on Felons
When companies like Uber Eats shut felons out of job opportunities, it can have ripple effects that extend far beyond the individual. Many former offenders already face steep hurdles to reintegration, from housing and employment discrimination to social stigma and severed family bonds.
Chronic unemployment and underemployment only exacerbate these challenges. Without a steady paycheck, it becomes nearly impossible to secure safe housing, reliable transportation, healthcare, and other basic necessities. This instability puts immense strain on families and communities, as the incarcerated person‘s absence creates both financial and emotional hardships.
The burden of a criminal record falls especially heavily on people of color. Black Americans are incarcerated at five times the rate of whites, and a third of Black men have a felony conviction. Background checks that disqualify felons can thus become a proxy for race-based discrimination in hiring, entrenching cycles of poverty and marginalization.
One study estimated that the unemployment of formerly imprisoned people cost the US economy $78 to $87 billion in lost GDP in 2014 alone. The societal costs are even greater when you factor in increased spending on public assistance, healthcare, and re-incarceration for those unable to find legitimate work.
But beyond cold economic calculus, employing felons is simply the right thing to do from a human rights perspective. People make mistakes, and those who have served their time deserve a fair chance to become contributing members of society again. No one should be perpetually punished for their worst moment.
Calls for Fair Chance Hiring in the Gig Economy
Recognizing the devastating impacts of unemployment on felons, a growing number of jurisdictions have passed "ban the box" and other fair chance hiring laws in recent years. These policies typically prohibit employers from asking about criminal history on initial job applications, delaying background checks until later in the hiring process.
Thirty-six states and over 150 cities and counties now have ban the box laws on the books for public sector employers. Thirteen states have also extended these requirements to private employers, with enforcement mechanisms and penalties for companies that don‘t comply.
However, gig economy companies have largely been able to skirt these regulations by classifying workers as independent contractors rather than employees. Because gig workers are not legally considered employees, they are not protected by most labor laws, including ban the box ordinances.
Some fair chance advocates are now pushing for gig companies to adopt more inclusive background check policies voluntarily. Suggestions include:
- Conducting individualized assessments that consider the nature of the offense, time passed, and relevance to job duties rather than blanket bans
- Allowing felons to submit mitigating evidence or rehabilitation certificates
- Only disqualifying those with convictions directly related to the job (e.g. assault for passenger-facing roles)
- Capping lookback periods for background checks at 5-7 years
- Eliminating disqualifications for felony drug possession
- Giving candidates a chance to review background check results for accuracy before denial
- Partnering with reentry organizations to recruit and train justice-involved workers
A few gig companies have taken steps in this direction. Delivery service Postmates allows felons to be couriers in some markets if their convictions are more than seven years old. Instacart and DoorDash also evaluate applicants with records on a case-by-case basis, rather than instituting blanket bans.
But for the most part, the on-demand economy remains largely off-limits to the justice-involved. A report by the Prison Policy Initiative found that many gig jobs popular with entry-level workers, including rideshare and food delivery driving, are "effectively inaccessible" to those with criminal records due to restrictive background check policies.
Making the Business Case for Employing Felons
Beyond the moral imperative, there are compelling business reasons for companies like Uber Eats to reconsider their stance on hiring felons. For one, excluding applicants with records significantly shrinks the labor pool, especially in high-crime urban areas where gig workers are most in-demand.
Many employers report that second chance hires turn out to be some of their best workers—highly motivated, loyal, and eager to prove themselves. A study by the American Civil Liberties Union found that 82% of managers feel that the "quality of hire" for workers with criminal records is as good or better than that for workers without records.
Some of the nation‘s largest employers, including Starbucks, Walmart, Home Depot, and Koch Industries, have already reformed their hiring practices to give felons a fairer shake. They‘ve done so without compromising on safety or performance and have touted the business benefits of tapping into this "untapped talent pool."
There are also a number of tax incentives and federal bonding programs designed to encourage hiring of felons and protect employers from liability. The Work Opportunity Tax Credit provides a federal tax credit of up to $2,400 for companies that hire felons within a year of their conviction or release. And the U.S. Department of Labor offers no-cost fidelity bonds to insure employers against theft or dishonesty by at-risk hires.
As the gig economy continues to expand, pressure is mounting for major players to join this second chance hiring movement. A petition calling for Uber Eats to "give convicted felons a second chance" has already garnered over 6,000 signatures. The hashtag #FairChanceUber has also gained traction on social media.
"Uber has revolutionized transportation for millions and created income opportunities for many who wouldn‘t otherwise have them," the petition reads. "Imagine the positive impact if they were to extend that opportunity to the formerly incarcerated… Providing economic opportunity is one of the best ways to keep people from returning to prison."
Finding Felon-Friendly Jobs in the Gig Economy
Until Uber Eats and other major gig employers change their policies, what options do former felons have for finding work in the on-demand economy? The good news is that not all gig companies take a hardline stance on background checks, and some are much more open to second chance hiring.
Here are a few gig opportunities to consider if you have a felony on your record:
- Food delivery: While Uber Eats and Grubhub don‘t hire felons, other food delivery services like Postmates, DoorDash, and Caviar evaluate applicants with records on a case-by-case basis. The key is to be upfront about your history and provide context.
- Package/grocery delivery: Amazon Flex, which hires independent contractors to deliver packages, has been known to approve some felons. Instacart is also more lenient with criminal histories than other grocery delivery services.
- Freelancing: If you have skills in writing, graphic design, web development, or other freelance niches, consider signing up for platforms like Upwork, Fiverr, and Freelancer. Most don‘t conduct background checks.
- Pet care: Dog walking and pet sitting apps like Rover and Wag! will consider non-violent felons. You may need to start by watching pets for friends and neighbors to accumulate positive reviews first.
- Cleaning/handiwork: TaskRabbit and Handy connect gig workers with opportunities for housecleaning, handyman work, furniture assembly, and more. Their background checks aren‘t as stringent as those for ridesharing and delivery.
Even if you face rejection from some gig employers, don‘t get discouraged. Thanks to ban the box laws and changing attitudes about hiring felons, your options are expanding. Over 90% of employers say they‘re open to hiring people with a criminal record, according to a survey by the Society for Human Resource Management.
The key is to focus on jobs and industries that are a good fit for your skills and background. Be strategic in your search, tapping into reentry programs and community organizations for leads. And don‘t hesitate to make a strong case for yourself, highlighting the lessons you‘ve learned and the steps you‘ve taken to turn your life around.
Remember, your conviction doesn‘t define you. With perseverance and a positive attitude, you can find employers willing to give you a fair chance. The gig economy may not be the most welcoming place for felons right now, but change is coming. In the meantime, don‘t let a rejection from Uber Eats or another gig giant stop you from chasing your dreams and rebuilding your life.
