Instacart Background Checks in 2024: Safety, Fairness, and the Future of Gig Hiring

As one of the leading on-demand grocery delivery platforms, Instacart has connected millions of customers with skilled shoppers across the U.S. and Canada. The company‘s explosive growth has created flexible earning opportunities for over 500,000 gig workers, with plans to add 250,000 more in 2024 alone.

But before any Instacart shopper can begin accepting orders, they must first clear a comprehensive background check. This screening process aims to protect customers, uphold safety, and maintain trust in the Instacart brand. At the same time, the company‘s background check approach holds significant implications for economic inclusion, racial equity, and the overall labor pool available to meet soaring demand.

In this in-depth guide, we‘ll unpack everything you need to know about Instacart‘s background checks in 2024, from the specific components and evaluation criteria to pass rates, disqualifying offenses, and potential barriers to diversity. We‘ll also explore how Instacart‘s policies stack up against competitors and emerging regulations. Finally, we‘ll examine what the future may hold for gig economy background checks as Instacart and other platforms strive to balance safety, opportunity, and innovation.

Inside an Instacart Background Check

At the heart of Instacart‘s screening process is a thorough background check conducted by trusted partners Checkr and Sterling. These leading providers scour hundreds of databases to surface any criminal history, motor vehicle violations, and other records that may pose a safety risk.

According to Checkr‘s 2022 Gig Economy Hiring Report, Instacart‘s background check includes:

  • SSN Trace to verify identity and past addresses
  • National Criminal Database Search
  • County Criminal Court Search for every county resided in the past 7 years
  • Federal Criminal Court Search
  • Global Watchlist Search (including terrorist watchlists, sex offender registries, etc.)
  • Motor Vehicle Record Check for full-service shoppers who deliver orders

This comprehensive scope aims to protect Instacart‘s customers by screening for convictions that could indicate a risk to safety or property. Offenses like assault and battery, sexual misconduct, burglary, and major driving violations are rarely cleared for shopping roles.

However, unlike many traditional employers, Instacart doesn‘t institute a blanket ban on any applicant with a criminal history. Instead, the company evaluates each case individually, considering factors like:

  • The nature and severity of the offense
  • Time elapsed since the conviction
  • Efforts toward rehabilitation
  • Relevance to shopping/delivery duties
  • Total criminal history and patterns of offenses

This nuanced approach allows Instacart to maintain safety standards while also extending economic opportunity to qualified individuals whose past mistakes don‘t necessarily reflect their current character or abilities. It‘s a delicate balance in an industry where trust is paramount.

Instacart Background Check Pass Rates and Disqualifications

So how many aspiring Instacart shoppers actually make it through the background check process? While Instacart doesn‘t publicly disclose exact pass rates, we can glean some insights from broader gig economy data and anecdotes from applicants.

Checkr‘s research found that across all gig companies they serve, which includes Instacart, 83% of background checks returned "clear" results in 2021. The remaining 17% had at least one reportable criminal or driving offense. However, that doesn‘t mean all 17% were automatically disqualified. Based on Instacart‘s case-by-case evaluation process, many may still be approved if their offenses are minor or sufficiently dated.

A 2020 report from the Bureau of Justice Statistics sheds additional light. Among the U.S. population aged 18 or older, approximately 30% have a criminal arrest or conviction record. But research has found that among gig workers in particular, that figure is often lower. One study of ride-hail drivers in Seattle found about an 18% conviction rate, on par with Checkr‘s background check stats.

While Instacart‘s background check pass rate is likely in the 80-90% range, certain offenses are particularly difficult to overcome:

  • Violent felonies (aggravated assault, robbery, etc.)
  • Sexual offenses (rape, sexual assault, lewd conduct, etc.)
  • Crimes involving minors
  • Fraud and identity theft
  • Recent DUIs and reckless driving
  • Extensive criminal history with multiple serious convictions

These "knockout" offenses almost always result in disqualification. And in some cases, convictions that are too dated to appear on a background check may still be grounds for rejection if they‘re especially egregious and an applicant self-discloses.

An informal poll of Instacart applicants on Indeed found that for the majority, background checks were completed within a week with no issues. But a few reported delays of 3-4 weeks and some were disqualified for having felonies on their record. These anecdotes suggest that Instacart‘s background check timeline and evaluation practices are generally consistent, but not immune to occasional lags or inconsistencies.

Compliance with Background Check Laws

As Instacart has scaled, the company has also had to navigate an increasingly complex legal landscape around background checks. Chief among these regulations is the federal Fair Credit Reporting Act (FCRA), which governs how employers obtain and use consumer reports like criminal history screenings.

Under the FCRA, Instacart must:

  1. Provide a clear, standalone disclosure that a background check will be conducted
  2. Obtain written authorization from the applicant before running the check
  3. Follow proper adverse action protocol if the results prompt a rejection

In recent years, Instacart has faced a few class action lawsuits alleging violations of these FCRA requirements. Most notably, plaintiffs claimed Instacart failed to make proper pre-adverse and adverse action notifications when background checks led to disqualification. In 2021, Instacart settled one such suit for $2.2 million while denying wrongdoing.

These cases underscore the high stakes of FCRA compliance and the legal costs of missteps. They‘ve prompted Instacart to review and fortify its background check disclosures, notices, and protocols. The company now sends detailed pre-adverse action notices to give applicants time to review and respond to the results before a final decision.

But beyond the FCRA, Instacart must also grapple with state and local background check rules. Thirteen states and nearly 200 cities and counties have adopted what‘s known as "ban the box" laws. These regulations prohibit employers from inquiring about criminal history on initial job applications. Instead, they can only request a background check after making a conditional offer. This gives candidates a fairer shot at being evaluated on their merits rather than a checked box.

Instacart doesn‘t currently ask about criminal history on shopper applications and only runs background checks after a preliminary offer. This puts the company in line with ban the box principles. However, formally adopting this policy across all markets could contribute to greater transparency and equity. It‘s a move some competitors like DoorDash have already made.

Background Checks and Fair Chance Hiring

Instacart‘s approach to background checks holds significant implications not just for platform safety and compliance, but also for diversity, equity, and inclusion. In an economy where 1 in 3 adults has a criminal record, how companies evaluate prior offenses can profoundly shape who has access to economic opportunity.

Research shows that gainful employment is one of the most powerful deterrents to recidivism. A study by the Manhattan Institute found that high-quality work programs can reduce recidivism by 20%. However, those with criminal records often face daunting barriers to being hired. The unemployment rate for formerly incarcerated people is over 27% – nearly 7 times higher than the general population.

Background check policies that disqualify anyone with a conviction can therefore trap capable job seekers in a cycle of unemployment and marginalization. This burden falls particularly heavily on communities of color. Black Americans are incarcerated at nearly 5 times the rate of Whites and Hispanics at 1.3 times the rate. Over 80% of Black men have a criminal conviction by age 35. So, overly exclusionary background checks can magnify troubling racial disparities.

To its credit, Instacart avoids blanket bans and automatic rejections in its screening process. The company‘s more individualized approach opens doors for many applicants with records who would be screened out elsewhere. This aligns with growing calls for "fair chance hiring" policies that evaluate candidates holistically.

However, there‘s room for Instacart to go further in building a diverse and inclusive workforce. Proactive steps could include:

  • Narrowing the scope of disqualifying offenses to the most relevant and recent
  • Considering evidence of rehabilitation and time since offense more heavily
  • Providing clear messaging that a criminal record isn‘t an automatic disqualifier
  • Training hiring managers on fair chance principles and anti-discrimination laws
  • Partnering with re-entry organizations to actively recruit reformed candidates
  • Offering mentoring, training, and support to workers with conviction histories

By coupling its nuanced background checks with such affirmative fair chance measures, Instacart has an opportunity to set the standard for inclusive hiring in the gig economy. Given the company‘s scale and influence, its approach reverberates across the industry.

Looking Ahead

As Instacart plots a course for the future, navigating background checks will only become more complex. The regulatory landscape is shifting rapidly, with more jurisdictions enacting ban the box and fair chance hiring laws. Just this year, California is considering a bill requiring employers to justify disqualifications based on criminal history. Meanwhile, the gig economy continues to expand, drawing in a larger and more diverse labor pool.

Meeting the challenges of this evolving environment will require a proactive, principled approach to background checks. Instacart must stay vigilant in complying with emerging laws, partnering with reputable screening providers, and training teams on fair hiring practices. Regular audits of background check criteria and outcomes can help identify any disparities and opportunities for greater inclusion.

At the same time, Instacart can‘t lose sight of its core commitment to platform safety and integrity. As new safety issues and risks arise, background checks will remain a critical safeguard. The key is striking the right balance – maintaining rigorous standards while expanding access wherever possible.

Looking ahead, technology may open new frontiers for background checks that are both more secure and fairer. For example, continuous screening solutions can provide real-time alerts if a worker has a new arrest, rather than relying on periodic re-checks. Identity verification and authentication tools can prevent fraud without disqualifying candidates upfront. And artificial intelligence could help analyze criminal records more consistently and objectively, flagging only the most relevant offenses.

Instacart, with its spirit of innovation, is well-positioned to pioneer such new screening solutions. By staying at the forefront of background check technology and best practices, the company can continue to cultivate a trusted brand while also breaking down barriers and expanding economic opportunity for all.

Conclusion

Instacart‘s background check process is foundational to its two-sided marketplace, allowing customers to order with confidence and shoppers to earn flexibly. While not perfect, the company‘s current approach reflects a thoughtful effort to ensure safety, comply with the law, and consider applicants‘ individual circumstances. Looking ahead, embracing new regulations and innovations while doubling down on fair chance hiring can position Instacart for responsible, inclusive growth. In a rapidly evolving gig economy, Instacart‘s background check choices have far-reaching effects on workers, consumers, and communities. Getting it right isn‘t just good for business – it‘s an opportunity to drive positive social change.