LOS ANGELES, February 10, 2026 — A man arrested for allegedly throwing bottles at federal agents and displaying what turned out to be a replica firearm is also employed as a driver for Uber Eats and part-time with the California Department of Transportation, according to his attorney. The incident raises questions about background checks and hiring practices for both companies.
Protester’s Employment Details Emerge in Court
The individual, identified as Peter Escalante Hernandez, appeared in federal court Tuesday as details about his employment surfaced.
- Hernandez allegedly brandished a fake weapon at federal agents during a protest.
- He is currently employed by Uber Eats as a delivery driver.
- Hernandez also works part-time for Caltrans, a California state agency.
- Federal Judge Mircheff deemed Hernandez a danger and ordered him to remain in custody.
Hernandez, visibly tattooed and wearing a black t-shirt with the word “Family” emblazoned on it, appeared in court as his attorney, Jaya Gupta, revealed his employment status. Gupta argued for Hernandez’s release following his arrest on February 7 for allegedly throwing bottles at federal agents and brandishing the imitation weapon when they attempted to apprehend him.
Prosecutors stated Hernandez has prior misdemeanor convictions, with a total of eight offenses in the last nine months. Uber’s website states that background checks are a requirement for Uber Eats drivers, and “certain criminal convictions may result in disqualification regardless of when they occurred.” Pending charges can also disqualify applicants until resolved in their favor.
Caltrans, the California government entity responsible for managing over 50,000 miles of state highways and freeways, has a different policy. According to their website, “Prior conviction of a misdemeanor or felony does not limit your ability to apply or work for Caltrans. This information does not need to be disclosed at any time during the hiring process.”
Requests for comment sent to both Uber Eats and Caltrans went unanswered.
The father of four children, all under the age of seven, was ordered to remain in custody by Federal Judge Mircheff, who expressed concern that Hernandez “doesn’t follow instructions” and “presents a danger.” Gupta contended that Hernandez was exercising his First Amendment rights to protest. Before the judge’s decision, Hernandez was observed praying and looking upwards. His arraignment is scheduled for March 3rd.
What are the requirements to become an Uber Eats driver? Uber Eats requires a background check, and certain criminal convictions or pending charges can disqualify potential drivers.
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