You might have moved on with your life and past the turmoil of domestic violence charges brought against you years ago, but if it remains on your criminal record, it could impact parts of your life for years to come. Whether you are applying for a job, submitting a rental application, or even trying to obtain a professional license in California, your criminal record may be under scrutiny by those reviewing your personal history.
Ideally, if you find yourself caught in the middle of domestic violence charges, you take action in the beginning to have the best legal representation. A savvy lawyer will give you the best chance of having charges dropped or lessening the charge against you. But if you are already well past that stage and are dealing with the repercussions of a criminal record, here is what you can expect when it comes to domestic violence charges during background checks.
Any domestic violence conviction will likely show up in a criminal background check if you are applying for certain types of employment, state licensure, or wanting to rent a property.
A domestic violence conviction will appear on your record for a period of seven years. If your conviction happened more than seven years prior, or it was expunged from your history then it will no longer appear on your criminal record for the purposes of employment, rental applications, or licensing.
For domestic violence convictions that are still on your criminal record, your potential employers will likely have access to information surrounding your case including what type of charges they were, the date that charges were filed, the status of the case, and sentencing information. Even if the information is straightforward, employers might be hesitant to engage with an applicant who has such a criminal record.
The circumstances surrounding this event will usually influence the employer’s decision-making. However, according to the Ban the Box Law in California, employers cannot access any criminal conviction history in advance of making a conditional offer of employment.
A criminal background check in California cannot be run without following certain procedures. Before the information can be obtained, the party wanting to run the background check on you must notify you in writing that a criminal background check may be required for the application process. They must also obtain permission from you as the applicant by having you sign an authorization form. Finally, if the criminal background check that was run negatively impacts their hiring decision, they must notify you of this.
In 2018 the state of California introduced a law that prohibits employers from conducting criminal background checks on an applicant until after the applicant has been determined to be qualified for the job or has been offered a job. It also states that a job offer cannot be revoked based on a criminal record existing that the potential employer must explain, based on the information provided in the background check, why they have decided the applicant is no longer appropriate for the position. The applicant can then respond. The state did this to prevent discrimination during the hiring process of people that do have criminal records.
If you have been on the receiving end of domestic violence charges in California, it is critically important to plan out what you will do next thoughtfully. There is so much on the line when it comes to access to your children and your home, not only in the immediate aftermath but for years to come.
The first thing you will want to do is reach out to an attorney who is experienced with domestic violence cases. Daniel Perlman and Matt Cohen have years of experience working with clients to gain successful outcomes in their cases so that these charges do not have lasting effects on their clients’ lives. They know the system inside and out and can look at your case for the best way to proceed, no matter your circumstances.
Every day there are people who have domestic violence charges brought against them. For many, it will be the first time they interact with law enforcement and the judicial system. Without the help of a legal professional who understands the process, it can be a confusing and scary time. If you or someone you care about is currently in this situation, the best thing you can do is to reach out to Daniel Perlman and Matt Cohen, seasoned domestic violence attorneys, so that you have a better chance of receiving the minimum punishment or having charges dropped altogether.
With the impact that a criminal conviction for a domestic violence charge can have on your record, it is important to do as much as you can at the outset to prevent a conviction in the first place. This begins with lining up excellent legal representation from lawyers who specialize in domestic violence, like Daniel Perlman and Matt Cohen. They can help you resolve your case and ensure the penalties you receive are kept to a minimum.
To schedule your free consultation with Domestic Violence Attorneys Daniel R. Perlman and Matt Cohen, call us today to discuss your case. You can also use the contact form and leave a message with the team to organize your consultation at a time that works for you.
