Am I disqualified from obtaining a teaching position in Virginia with a misdemeanor assault and battery conviction?

Asked 5 months ago - Fairfax, VA

The crime was not child related and over a year has passed since the conviction. I had no criminal record prior and none since and I am in a teacher preparation program in the state of Virginia.

Additional information

The HR authorities in the county I am applying to stated that they review misdemeanor convictions on a case by case basis.

Attorney answers (3)

  1. David A Oblon


    Contributor Level 11


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I cannot think of a specific law wherein one convicted of misdemeanor Assault & Battery cannot be employed as a teacher. However, at least, it will make getting a job more difficult. There is a concept in the law called "negligent hiring," wherein an employer can be liable if he or she hires an employee who hurts another. Under this concept, your conviction may scare off some of your potential employers.

  2. Samantha Lauren Van Scoik


    Contributor Level 12


    Lawyer agrees

    Answered . You may want to post this question to an employment lawyer, someone in that field may have more information about whether or not a conviction would disqualify you. I would also think about checking with the school board to see if they will consider you or not.

  3. Jonathan L Katz


    Contributor Level 13


    Lawyer agrees

    Answered . You say such a matter is handled on a case by case basis. You may wish to ask your lawyer for the assault case to draft a brief letter for potential employers, putting the assault case in as favorable a light as possible for you. I also agree with the suggestion that you consult with an employment lawyer; when applying to work at a public educational institution, regulations may exist that give guidance on the matter. .

    All the best to you. Jon

    None of my comments on AVVO's website constitute legal advice. It is only food for thought for matters to address... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

28,288 answers this week

2,919 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,288 answers this week

2,919 attorneys answering