Blogs from June, 2021

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How Would A Domestic Violence Conviction Affect My Career?

If you are currently facing domestic violence charges, you may be wondering how a conviction could affect your career. How do employers usually handle current employees getting convicted? Or, if you are currently looking for work, will the conviction hold you back?

Can I Lose My Current Job?

There are many workplace laws in place that protect people from being fired due to discrimination. However, these laws do not protect people who are convicted of domestic violence.

If you are only facing charges and have not yet been convicted, you may be in the clear for the time being. Some employers require you to disclose if you have been arrested; this is common in education careers. Oftentimes, your employer will not find out about your arrest unless you explicitly tell them.

Even if you are not required to tell your employer about your arrest, you may need to anyway. This is in case you need time off to go to court or for other matters regarding your charges. When telling your employer, you can further explain your situation and potentially mitigate the risk of being let go.

California’s Ban The Box Law

California has a unique law in place that prevents employers from asking about an individual’s criminal record during the initial phase of applying for a job.
They are not allowed to run a criminal background check on any applicant until they make an offer of conditional employment.

This is good for individuals who have a criminal record, because it gives them a fair chance to get a job based on skill and not immediately turned away due to a past conviction.

However, that conviction can then show up in a formal background check made after the conditional offer.

What Shows Up On A Background Check?

Standard background checks give the following information:

  • Employment history
  • Education
  • Criminal record
  • Credit history
  • License record check

In California, employers are not allowed to seek arrest records for a past offense that did not lead to a conviction.

After seeing the individual's conviction history, the employer can decide whether or not to officially hire the applicant. This decision is usually influenced by the circumstances of the conviction. When it comes to domestic violence, employers may be more cautious about continuing with the applicant.

If the employer chooses not to carry on with the applicant, they must send a formal notice explaining why. The applicant then has a window of time to respond and provide information about the conviction that may make them change their mind.

In the end, it is based on the discretion of the employer.

Public Employment and Licensure

In some career fields, a domestic violence conviction will significantly hurt your chances of getting a job.
These professions may include:

  • Teacher
  • Police officer
  • Government employee
  • Working with vulnerable populations
  • Healthcare careers

You may also have your professional licenses revoked or suspended following a domestic violence conviction.

How Long Will My Conviction Be On My Record?

A domestic violence conviction will stay on your record indefinitely.

Because of this, it is in your best interest to see if you are eligible for record expungement. A record expungement will remove your conviction from your criminal record; you will not be required to tell anyone that you had a prior conviction.

In California, only misdemeanor convictions are eligible for expungement. If you were charged with felony domestic violence, your first step is to seek a reduction.

Orange County Defense Attorneys

It is clear that having a domestic violence conviction on your record can seriously threaten your current or future career. If you are facing charges, don’t wait to get in touch with strong legal representation. At Law Offices of Randy Collins, we will do everything in our power to prevent your charge from turning into a conviction.

If you have already been convicted and need record expungement, our expert record expungement attorneys can help guide you through the process.

Contact us today to get started with a free consultation with one of our Orange County domestic violence lawyers. We are prepared to fight for your future.