Background Check Report

III. FOR-HIRE GROUND TRANSPORTATION REGULATION –DRIVER CRIMINAL BACKGROUND CHECKSA. OverviewThe following section describes, in detail, the criminal background check process thattransportation regulators in New York, Houston, California, Chicago, Colorado, the District ofColumbia, Seattle, Boston, and Miami-Dade County have in place now for driver-applicants.This information was culled though research of the applicable governing statutes and regulations,a review of the available documentation published by those entities, and direct communicationswith each of these regulatory agencies to confirm the costs and additional details unavailable ontheir websites. For each jurisdiction, we have also researched the legal standard for review andthe legal guidance to the regulators as to how to determine the fitness of an applicant for aground transportation driver’s license.We begin with a discussion of New York City and its systems for the review of anapplicant’s background. We do so, not because New York City is the largest municipality, butbecause its standard for driver licensure (“good moral character”), as well as its rules andregulations, provide a comprehensive process that does not differentiate among various classesof drivers. Moreover, the process is one in which the New York City Taxi & LimousineCommission (the “TLC”) requires the finger-imaging of applicants and submits thosefingerprints to the state agency that can cross-reference the fingerprints against a criminaldatabase. This standard operating procedure provides for an efficient and expeditious result forthe TLC for all of its applicants. If there is a “flag” or a “hit” on the prints for a criminalconviction, the TLC may request from the applicant, through a letter, e-mail, telephone call orpersonal interview, additional information 23 to analyze the fitness of the driver-applicant to belicensed in light of the good moral character standard. These actions are undertaken withguidance from State law that involves a nexus between the conviction and driving. Specifically,Section 752 of the NYS Corrections Law prohibits applications for any license or employment,or employment or license held by an individual, to be denied or acted upon adversely by reasonof the individual's having been previously convicted of one or more criminal offenses, or by23 http://www.nyc.gov/html/tlc/downloads/pdf/fitness_rules_intro_%208_2_11.pdf{11081861:2} 21