Whatever you have been reading is wrong - at least in Colorado. An employer can decide not to hire you for any reason except discrimination based on a protected class (race, religion, gender, disability, age, etc). Criminals are not a protected class. You have no valid discrimination claim based on being a convict.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
The EEOC has issued guidance regarding the proper use of criminal background checks. The short version is this: employers should not use an irrelevant criminal offense to deny employment. Employers may deny employment where the crime affects the work. For example, an employer may not deny a person a position on an assembly line because they have three speeding tickets, but may deny that person a job as a delivery driver. Your conviction is even more problematic because under every EEOC law, and employer is never required to offer a position to someone who is a threat to themselves or others. Your conviction for assault, even a domestic one, tends to show you are a threat to others and every employer has the right to maintain a safe work place. In addition, the EEOC guidance is not law and courts have been slow to adopt this interpretation in the first place. You would be better served by hiring lawyer to expunge or seal the DV conviction than to fight with potential employers. Here is a link to attorneys who do that type of work. www.duidefensematters.com Good luck.
Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your circumstances.
Criminal defense Criminal charges for assault and battery Criminal record Employment Discrimination in the workplace Gender discrimination in the workplace Employee rights Speeding tickets Employment background check Wrongful termination of employment Gender discrimination Discrimination