How Does a Domestic Violence Conviction Affect Job Opportunities?

Facing a domestic violence charge may affect employment in a variety of ways, from limiting job prospects to impacting professional licenses. Many employers conduct background checks, and certain industries enforce strict zero-tolerance policies when it comes to criminal records. If you’re dealing with a domestic violence charge in Arizona, it’s important to realize how it could affect your career. At The Law Offices of John Phebus, we are committed to providing skilled criminal defense representation to help you protect your future.

How Arizona Defines Domestic Violence

In Arizona, domestic violence isn’t a standalone offense. Instead, it refers to specific crimes that involve individuals in a domestic relationship.

A case can be classified as domestic violence if the alleged offense involves one of the following relationships:

• Spouses or former spouses
• Individuals who currently or previously lived together
• Parents of a shared child
• Current or former romantic partners
• Blood relatives or relatives by marriage
• Legal guardians and their wards

Depending on the nature of the offense, a domestic violence conviction could lead to penalties such as mandatory counseling, loss of firearm rights, and employment restrictions, particularly in fields that require a clean background check.

How Domestic Violence Charges Can Impact Employment Opportunities

A domestic violence charge may limit employment options, especially in positions that require security clearance, working with vulnerable populations, or holding a high level of trust. Even if the case does not result in a conviction, the arrest record alone could raise concerns for potential employers. Some industries have stricter policies regarding criminal history, making it difficult for individuals with these charges to secure jobs.

Some of the industries where a domestic violence charge could have the most impact include the following:

• Healthcare: Many hospitals and medical facilities conduct rigorous background checks, and a criminal charge could disqualify applicants from patient-facing roles.
• Education: Teachers and school staff must pass strict background screenings, and a domestic violence charge can pose a significant barrier to working in schools or childcare settings.
• Government Jobs: Positions within federal, state, or local agencies often require security clearance, which may be denied due to a domestic violence history.
• Financial Sector: Banks and other financial institutions may be hesitant to hire individuals with criminal records, as integrity and trustworthiness are essential in handling sensitive financial information.
• Security and Law Enforcement: A domestic violence conviction could disqualify someone from obtaining necessary security licenses or continuing a career in law enforcement.

Other factors that may influence hiring decisions include:

• Severity of the charge: Misdemeanors may be viewed differently than felonies, but both can raise concerns for employers.
• Plea deals or convictions: Accepting a plea agreement can still carry employment consequences, even if it reduces the severity of the charge.
• Sealing of records is the Arizona version of Expungement. A person previously convicted or arrested for a domestic violence crime that was never charged may apply to the court to have the records sealed. If approved, the records are destroyed, and the person may be able to state that they have never been convicted of a crime in certain circumstances.
• Employer discretion: Private businesses have different policies when it comes to hiring individuals with prior convictions, and some may be more lenient than others.

A domestic violence charge does not necessarily mean someone will be unable to find work, but it does create additional challenges that must be managed carefully.

How Background Checks Influence Job Prospects

Most employers conduct background checks as part of the hiring process, especially in highly regulated industries. A domestic violence conviction may show up on a background check, potentially affecting an employer’s decision to move forward with an applicant.

In Arizona, the impact of a background check depends on the industry. Private employers have some discretion when evaluating applicants with criminal records, but state and federal agencies often have firm guidelines on what constitutes a disqualifying offense. Certain jobs, such as those in childcare or financial institutions, require fingerprint clearance cards, which can be revoked or denied due to a domestic violence conviction.

Professional Licensing and Domestic Violence Convictions

For professionals in licensed fields, a domestic violence charge may result in disciplinary action by licensing boards. Industries such as nursing, law, real estate, and education often require a clean record, and a conviction could lead to an investigation or even license suspension.

For example:

• The Arizona State Board of Nursing has the authority to suspend or revoke a nurse’s license following a domestic violence conviction.
• The Arizona State Bar requires attorneys to report convictions, which may lead to disciplinary action that affects their ability to practice law.

Since licensing boards review cases individually, they may consider factors such as the nature of the offense, rehabilitation efforts, and whether the crime is directly related to the profession before making a decision. Reaching for legal guidance can be crucial in mitigating these risks.

Zero-Tolerance Workplace Policies and Termination Risks

Some employers enforce zero-tolerance policies regarding criminal records, especially in corporate, security-sensitive, and customer-facing roles. A domestic violence charge may lead to termination if an employer deems it a violation of workplace policies. Even if the case does not result in a conviction, an arrest alone could be grounds for administrative leave or termination.

Arizona is an at-will employment state, meaning that an employer can legally terminate an employee for any lawful reason, including concerns over criminal charges. Additionally, some businesses include morality clauses in employment contracts, which can be used to justify dismissal if a criminal charge is perceived as damaging to the company’s reputation.

Firearm Restrictions for Military and Law Enforcement Personnel

For individuals in law enforcement or the military, a domestic violence conviction may result in firearm restrictions, which can significantly impact job eligibility.

If you are in one of these professions, fighting the charges or looking for alternative legal options may be necessary to protect your career. Exploring record set-aside options or plea agreements that avoid firearm restrictions could help mitigate the long-term consequences.

Keeping Your Career Opportunities Open – Contact Us

A domestic violence charge may create obstacles to employment, but it does not mean your career is over. Legal options may be available to minimize its impact, such as case dismissal, record set-asides, or negotiating reduced charges. If you are facing domestic violence allegations in Arizona, The Law Offices of John Phebus can provide an aggressive defense to protect your rights and future job prospects. Contact us today for a Criminal Defense Attorney Consultation.

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