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Domestic violence and if it can keep you from being hired

Beaumont, TX |

My mother is an experienced nurse looking for work, but is concerned about something that may be on her record. About a year ago, her and I had an argument that got out of hand and she grabbed my arm, giving me a minor scratch. She had been drinking. I was upset, and called the police to see if they could just get her to leave the house until things settled down. We were at my elderly grandmothers house where we were all living together, and I was responsible for her and my 15 year old son at the time, and we didn't really have a good place to go, which is why I wanted my mother to leave instead of all of us. The police came and said that because she'd been drinking, she couldn't drive without facing arrest, and so I decided to gather my grandma and son and leave to diffuse the situation. The police asked my mother to sit quietly and wait for us to leave. She was sitting, only she was angry that we were having to take the family van, and continued talking after the officer asked her to stop, and it made him angry, so he took her in after all, charging her with domestic violence. I was really upset about this, because it was never my intention to have her arrested. My question is, can these things show up on a background check and keep her from being hired when applying for work and with a statement of explanation from me, is there any way to have this and a recent DWI, expunged from her record? Thank you.

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Attorney answers 2


You don't say what the finally outcome of the domestic violence charge was. If is possible for an arrest for domestic violence and the DWI to show up in a background check. I don't think there is a way to expunge either of these if they were adjudicated and she took probation. Your mother needs to be careful because the Nursing Board could consider this a pattern of alcohol abuse causing her to be an impaired nurse. This could lead to the loss of her license.


In addition to Ms. Trevino's answer, the law is that person's with any level assault cannot work with children or the elderly - even as a volunteer! Supposedly this is for the protection of the helpless. If your mother received deferred adjudication and served out the probation, she can move to essentially seal the record (non-disclosure) but the record remains open to law enforcement (which likely includes the licensing division.)

As far as the DWI, if she was convicted (the case was not dismissed because one cannot receive deferred adjudication on a DWI), then it will remain on her record indefinitely.

I suggest, as far as your mother's license, that she get herself into a treatment program immediately to demonstrate to the board that she has recognized a potential problem and is taking care of it without being told to do so (which will demonstrate a truer interest in healing herself.)

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