Can Proof of ARD Help Reverse Instacart Deactivation?

Question from Stg, Can Proof of ARD Help Reverse Instacart Deactivation?

Answer from AI:

If you have been deactivated from Instacart due to a failed background check and you have received Accelerated Rehabilitative Disposition (ARD) for the charges, you might be wondering if providing proof of ARD can help reverse the deactivation. Here’s a general explanation of how ARD works and what steps you might take.

Understanding ARD in Pennsylvania

The Accelerated Rehabilitative Disposition (ARD) program in Pennsylvania is a pre-trial intervention program designed for first-time offenders of non-violent crimes. The goal of ARD is to rehabilitate the offender and avoid the consequences of a criminal record. Here are some key points about ARD:

• ARD is not a conviction. If you successfully complete the program, the charges can be dismissed, and you can petition the court to expunge your record.
• While in the ARD program, the charges are still technically pending until you complete the program.
• Employers and companies may still see the charges during a background check until they are expunged.

Instacart’s Background Check Policy

Instacart, like many companies, conducts background checks on its independent contractors. Their policy may include disqualifying individuals based on certain types of criminal charges, even if those charges are pending or part of a diversion program like ARD. Here’s what you can do:

1. Provide Proof of ARD: Contact Instacart’s support or legal department and provide documentation that you are in the ARD program. Explain that ARD is not a conviction and that you are working towards having the charges dismissed.
2. Request a Review: Ask Instacart to review your case considering the ARD status. Some companies may have policies that allow for exceptions or reconsideration based on individual circumstances.
3. Expungement: Once you complete the ARD program, you can petition the court to expunge your record. After expungement, you can provide proof to Instacart that the charges have been cleared.

Additional Resources and Steps

If Instacart does not reverse their decision, you have other options:

• Legal Advice: Consult with a legal professional who specializes in employment law or criminal defense. They can provide personalized advice and help you understand your rights and options.
• File a Complaint: If you believe the deactivation was unfair or discriminatory, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department.
• Seek Other Opportunities: While resolving the issue with Instacart, consider seeking other gig economy opportunities or employment that may not have the same background check policies.

Conclusion

While providing proof of ARD might help in some cases, it ultimately depends on Instacart’s policies and their willingness to reconsider your deactivation. Given the complexity of the situation, it is advisable to consult with a legal professional to explore all your options and ensure your rights are protected.

For more information on ARD and expungement in Pennsylvania, you can visit the [Pennsylvania Courts website](https://www.pacourts.us/learn/expungement-and-limited-access) and the [Pennsylvania Department of Labor & Industry](https://www.dli.pa.gov/Pages/default.aspx).

Remember, this information is for general guidance, and you should seek personalized legal advice for your specific situation.