Will Domestic Violence Charges Show on a Background Check?

Will Domestic Violence Charges Show on a Background Check?

At Hurwitz Law Group, our Los Angeles criminal defense attorneys know how stressful facing domestic violence charges can be. Many clients ask us if these charges will show up on background checks. This is a key worry if you're looking for a job, trying to rent a home, or applying for school.

Background checks have become a common aspect of various life situations. If you have domestic violence charges in your past, knowing what shows up on these checks matters a lot. We can help you understand how these charges affect your background checks and what you can do about it.

What Are Domestic Violence Charges?

Domestic violence charges in California cover many types of harm between people in close relationships. These charges apply when the offense happens between current or former spouses, dating partners, people living together, or close family members.

The courts take domestic violence very seriously. Charges can range from domestic battery charges (physical harm) to making threats. You might face misdemeanor convictions or felony convictions based on how serious the harm was, if weapons were used, and your criminal history.

California law covers different types of domestic abuse. Physical violence, like hitting, is the most common, but charges can also come from threats, stalking, or harassment. In some cases, controlling someone's money or keeping them isolated can lead to criminal charges.

The penalties for a domestic violence case can be harsh. They may include jail time, fines, required counseling, and protective orders. Beyond these penalties, a domestic violence conviction creates a person's criminal record that follows you for years.

How Background Checks Work in California

When you apply for a job or housing in California, background checks search through public records to find your criminal background. These checks look for any charges, arrests, or criminal convictions in your history.

Companies that run background checks look at court records, police reports, and other public information. They search for entries in your criminal history report that might concern employers or landlords. Some checks only go back seven years, while others show your entire adult record.

For domestic violence charges, a background check will typically show any formal charges against you, even if your case isn't finished. After your case ends, the results (whether you were proven guilty, charges dismissed, or found not guilty) will also show up in most checks.

Will Domestic Violence Charges Appear on a Background Check?

Will Domestic Violence Charges Appear on a Background Check?

Yes, domestic violence charges will show up on background checks. Even if you haven't been found guilty, pending charges typically appear on most criminal background checks. This means potential employers or landlords will see these charges when you apply.

Pending charges (where your case isn't resolved yet) will show up on the most thorough background checks. These tell employers or landlords that you're facing legal issues now.

If you have a criminal conviction for domestic violence—whether it's domestic assault, battery, or another domestic violence crime—this will stay on your criminal record unless it's expunged or sealed. Under certain circumstances, even if charges were dropped or you were found not guilty, the domestic violence arrest might still show up on some background checks unless you take legal steps to remove it.

How Long Do Domestic Violence Charges Stay on Your Record?

In California, a domestic violence conviction remains on your criminal record permanently until you initiate the process to have it removed. This means they can affect your life for many years.

California law generally limits the reporting of convictions to seven years for employers doing pre-employment background checks. This "up to seven years" rule means older convictions might not show up on some employment screenings. However, this limit doesn't apply to all jobs—positions with higher pay or sensitive duties might still uncover older convictions.

The good news is that California offers ways to clean up your record. Through expungement or record sealing, you might limit who can see your domestic violence charges. These legal processes can help you move forward without past mistakes following you.

The Impact of a Domestic Violence Conviction on Your Criminal Record

The Impact of a Domestic Violence Conviction on Your Criminal Record

A domestic violence conviction creates real problems that can affect your life for years. Unlike minor offenses that people might forget, domestic violence carries a strong stigma.

When you're convicted of domestic violence, it becomes part of your permanent criminal record. Police and courts can see this record and—through background checks—potential employers, landlords, and schools. This conviction can change how people see you before they even meet you.

The conviction also affects how the courts treat you if you face new charges later. Prior domestic violence convictions can intensify the consequences of subsequent offenses. Actions that might initially result in a misdemeanor for a first-time offender could escalate to a felony charge, potentially leading to significant prison time.

How a Domestic Violence Conviction Affects Your Criminal Background

When domestic violence shows on your criminal background, it creates a lasting negative impression. The conviction signals to others that you've been involved in violence in close relationships, which raises concerns about your character.

For many people, the biggest impact is on employment. Some fields—like education, healthcare, law enforcement, and financial services—are very sensitive to violent offenses. A domestic violence conviction can stop you from getting jobs that otherwise match your skills.

Beyond jobs, this conviction can affect:

  • Your housing options

  • Volunteer opportunities

  • Child custody arrangements

  • Professional licenses

Your career prospects may suffer greatly from a domestic violence record, putting certain paths out of reach.

Can a Domestic Violence Conviction Be Expunged?

Yes, in many cases, you can have a domestic violence conviction expunged in California. Expungement doesn't completely erase the conviction, but it updates your record to show the case was dismissed after you completed probation.

To qualify for expungement, you must have:

  • Completed all terms of your probation

  • Paid all fines and restitution

  • Not served time in state prison for the offense

  • Not be facing any new criminal charges

The process involves filing papers with the court where you were convicted, paying fees, and possibly attending a hearing. If successful, you can legally say you haven't been convicted when applying for most private-sector jobs.

While expungement helps in many cases, it doesn't remove the conviction from all records. Law enforcement can still see the expunged conviction, and it can still count as a prior offense if you face new charges later.

How Domestic Violence Charges Affect Employment Opportunities

Domestic violence charges can greatly limit your job prospects. Many employers don't want to hire someone with a history of violence, which raises concerns about your behavior under stress.

The impact varies by industry and job. Some positions—especially those working with vulnerable people like children or the elderly—strictly forbid hiring people with violent criminal histories. Other employers might consider your individual situation, especially if the charges are old or were dismissed.

Your chances during the hiring process often depend on how you address the issue. Being honest about past mistakes while showing how you've changed can sometimes help overcome the negative impression of domestic violence charges.

Pre-Employment Background Checks and Domestic Violence

When you apply for a job, pre-employment background checks often reveal domestic violence charges. These checks are now standard for most employers who want to ensure they're making safe hiring decisions.

California law provides some protections regarding how and when employers can use criminal history information. Employers with five or more employees cannot ask about your criminal history on initial job applications. They must wait until after making a conditional job offer before checking your criminal background.

Once they run a check and find domestic violence charges, employers must consider factors like how long ago the offense occurred, the nature of the offense, and its relevance to the specific job duties before withdrawing an offer.

Legal Protections for Job Applicants with Domestic Violence Records

California offers several legal protections for job seekers with criminal records. These laws aim to give people with past mistakes a fair chance at being gainfully employed.

The "Ban the Box" law prevents employers from asking about criminal history on job applications or during initial interviews. This gives you a chance to be judged on your qualifications first.

After a conditional offer, if an employer wants to reject you based on your criminal record, they must:

  • Tell you in writing

  • Provide a copy of the background check

  • Give you at least five business days to respond with evidence of rehabilitation

These protections don't guarantee employment, but they give you a chance to explain your circumstances and show how you've changed since the charges occurred.

Domestic Violence Charges and Professional Licensing

Domestic Violence Charges and Professional Licensing

Professional licensing boards take domestic violence charges very seriously. Many professions require not just skills but also good character—qualities that boards might question when they see domestic violence on your record.

The impact varies by profession. Recent charges create bigger problems than older ones, especially if you haven't shown improvement.

When applying for professional licenses with a domestic violence record, be ready to explain your situation and show evidence of rehabilitation. Letters from counselors, community service supervisors, or others who know your character might help overcome licensing boards' concerns.

Legal representation from our law firm can make a big difference when dealing with licensing boards. We can help you prepare your case and present it in the best possible light.

How Domestic Violence Records Affect Healthcare Licenses

Healthcare professionals often work with vulnerable people in stressful settings. Because of this, licensing boards for nurses, doctors, and other healthcare workers closely examine their criminal backgrounds.

A domestic violence conviction doesn't automatically disqualify you from healthcare careers, but it creates significant hurdles. Nursing boards, for example, must consider whether your offense suggests you might harm patients or handle stress poorly.

If you're pursuing a healthcare license with domestic violence on your record, you'll likely need to:

  • Tell the board about the conviction

  • Provide details about what happened

  • Show evidence of rehabilitation through counseling or other programs

  • Possibly meet with the licensing board to explain your situation

The board will consider factors such as how many years ago the offense occurred and what you've done since then to address any mental health or behavior issues.

Housing Applications with Domestic Violence Records

Finding housing with domestic violence charges on your record is another challenge. Landlords want peaceful tenants and may view felony charges as warning signs.

Unlike with jobs, housing applications don't have "Ban the Box" protections in California. Landlords can ask about criminal history upfront and use it when deciding. This means your domestic violence record might affect your housing opportunities before you even see the property.

The good news is that California prohibits blanket bans on applicants with criminal records. Landlords must consider each application individually and can't automatically reject everyone with a criminal history.

How Landlords Use Background Checks

When you apply for rental housing, landlords typically run background checks that show criminal records, including domestic violence charges. They look for any history that might suggest you would be a risky tenant.

Landlords generally focus on recent criminal activity, with special attention to violent offenses. Domestic violence falls into this category, which raises concerns about potential conflicts with neighbors or property damage.

Unlike the seven-year limitation that often applies to employment checks, housing background checks might reveal older convictions. This makes it important to have older domestic violence charges expunged or sealed if possible.

Expungement and Sealing of Domestic Violence Records

Getting your domestic violence record expunged or sealed offers the best solution for reducing its long-term impact. These legal procedures can help you avoid many of the barriers created by criminal records.

While these processes don't completely erase your record from all government databases, they do limit who can see it and when. For most practical purposes, expungement allows you to move forward without the burden of past charges.

The key difference between expungement and sealing is in what happens to the record and who can still access it. Both options require careful legal steps, and success often depends on the specific details of your case.

What Is Expungement and How Does It Work?

Expungement is a legal process that updates your criminal record to show that your case was dismissed after you completed probation. While it doesn't completely erase the conviction, it greatly reduces its impact on your life.

After expungement, you can legally answer "no" when most private employers ask if you've been convicted of a crime. The conviction will still appear in law enforcement databases, but the record will show it was dismissed.

To qualify for expungement of domestic violence charges in California, you must:

  • Have completed all terms of your probation successfully

  • Not currently be charged with any new crime

  • Not have served time in state prison for the offense

The process involves filing a petition with the court where you were convicted, paying fees (though fee waivers are available if you can't afford them), and possibly attending a hearing.

Contact a Los Angeles Domestic Violence Attorney for a Free Consultation

Contact a Los Angeles Domestic Violence Attorney for a Free Consultation

If you're facing domestic violence charges or struggling with the impact of a past conviction, we can help. At Hurwitz Law Group, our experienced criminal defense attorneys understand the serious consequences these charges have on your life.

We offer free consultations to discuss your situation and develop a plan for your needs. Whether you want to fight current charges, expunge a past conviction, or seal arrest records, our law firm has the knowledge to guide you through the legal process.

Don't let domestic violence charges control your future. Contact Hurwitz Law Group today to learn about your options. Your future opportunities, housing, and professional licenses may depend on getting the right legal representation now.

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