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If I have a Domestic Violence charge will I fail background checks for employment ? Do I need to get the charge expunged.

Las Vegas, NV |

I had a charge about 3 years ago. Now im planning in looking for a new job however Im worried of not getting hired beacause of this charge

Attorney Answers 3


  1. An employer has a right not to hire someone who fails a criminal background investigation if the background check is job related. Some domestic violence charges will cause you to fail a background check and some won't. It depends on the particular circumstances surrounding your case, your state laws, as well as the criteria used by the companies you apply for a job with. The law is different from state to state regarding to what degree and if a private company can consider an applicant’s criminal history in making hiring or firing decisions. Employers can be held liable for a workplace violence incident, for example, for negligent hiring if they knew about the violent past of an employee they hired and someone is injured or killed.

    The background checks must be within the scope of and relevant to the position you are in or apply for, however. Employers who base their hiring decision on the response obtained from a criminal record may be in violation of Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) states that without a specifically articulated business necessity, inquiry into arrests that didn’t end in a conviction is considered discrimination.

    Check out the link below for information about expunging criminal records.

    http://criminal.findlaw.com/crimes/expungement/expungement-state-info.html


  2. Having criminal convictions in ones background can be grounds for not getting hired. You should consult with a local attorney to determine whether your eligible to get this conviction expunged.


  3. If you were convicted of Domestic Violence that could create a problem on a background check. In Nevada where I practice law, we can file a petition to seal your record, if you were convicted after a certain lenght of time has passsed. If you were simply charged/arrested but never convicted then we can file a petition with the court to seal the record of arrest. Call me to discuss more details or you can come into my office for a free consultation. We are located on charleston and LV blvd.