Does a Domestic Violence Charge Show Up on a Background Check
When it comes to a background check, convictions are usually one of the first things that show. Does a domestic violence charge show up on a background check?
Does Domestic Violence Go on Your Record?
Domestic violence is a serious issue that a lot of people face. It is not just physical violence; it can also be emotional, sexual, and verbal abuse. It can happen in any relationship, whether with your spouse, significant other, children, or other family members.
Domestic violence charges on your criminal record could make getting certain jobs, places of residence, and banking opportunities challenging.
If you are accused of such an offense, seek legal guidance from a criminal defense attorney to reduce the likelihood of receiving a criminal conviction. The Waltman Firm could provide additional information and counsel.
Domestic Violence Charges and Background Checks
Any charge serious enough to be classified as domestic violence will be on your record. Regardless of whether your case was ultimately dropped or you were found guilty, all arrests and judicial outcomes will appear on your criminal record.
Without a pardon from the governor, even a misdemeanor conviction for domestic violence stays on your record forever. Charges of misdemeanors that were dismissed, not prosecuted, or disposed of may be expunged from your record upon your finding not guilty.
Georgia Crime Information Center and Background Checks
A Georgia criminal record, known as a GCIC record, is a record of arrests made by the state of Georgia and their final outcomes.
GCIC backgrounds are the most reliable record databases that employers, landlords or rental agents, or financial institutions can access to obtain your background information. GCIC checks reveal arrests, charges, dates, and even the final outcome and sentence in some cases.
Any arrest, criminal charge, or conviction for domestic violence shows up on a background check. The state of Georgia offers a record restriction option under certain circumstances, which can allow you to get this information removed from your record. Your criminal record will be sealed, so no one, except government and law enforcement agencies, will be able to view certain charges or convictions if you are granted this closure.
Criminal Record Restrictions
Restriction of GCIC records in Georgia is only possible if you follow the law strictly. Generally, a charge is eligible for restriction if:
- A jury found you not guilty of the charges against you
- No charges were brought within the statute of limitations
- As part of your plea deal, you were granted a conditional discharge or probation
- Your plea agreement included drug rehab or mental health treatment
- The prosecutor dropped the case and expressly approved the restrictions.
If you were a first offender or received a conditional discharge, you may still be able to have your domestic violence conviction restricted from your record.
Domestic Violence Penalties in Georgia
The consequences of a domestic violence charge are harsh and include the following:
- Over a year in jail or prison
- Fines up to $5000
- Probation periods lasting up to five years
A domestic assault case may be settled outside the courtroom in certain circumstances. Developing a solid attorney-client relationship with a reputable law firm can greatly help, especially if you face false domestic violence charges.
A criminal defense attorney from The Waltman Firm may be able to help you fight the accusations made against you.
Will a Background Check in Georgia Show My Pending Charges?
No. Under the law, pending charges will not appear in Georgia’s criminal background check. Pending charges are not visible for jobs requiring a background check because they do not appear on the criminal history report.
The only way to know if someone has pending charges is to contact the court and ask if there are any warrants out for their arrest. If there are, then it is possible that they will be arrested and charged with these crimes. Offenses might include but are not limited to the following:
- Domestic assault
- Misdemeanor crime
- Sexual assault
Can You Get a Job With a Domestic Violence Conviction?
Whether or not someone can get a job with a domestic violence charge is complicated. Many people are unaware of the domestic violence public record status. A criminal charge on one’s public records may come up in the following scenarios:
- Employment applications
- General background checks
- General information purposes
- Potential employers ask
- Professional licenses canceled
In many states, employers are prohibited from discriminating against applicants based on their criminal records. Plus, in some cases, an employer may decide to hire an individual despite their criminal record. For example, a company may decide to hire someone who has been convicted of domestic violence if the offense is not related to the job they are applying for.
Whether or not to admit to having a domestic violence charge on their criminal record can be a tough decision for those convicted of domestic violence and trying to get back on their feet after serving time in prison.
Does a First Offender Conviction Appear on Background Checks?
The answer is Yes. A first-offender domestic violence record will appear on a background check.
A person’s criminal history is considered public information. A background check will show the person’s criminal history, including the first time they were convicted of a crime and any subsequent arrests and convictions.
Under Georgia law, the First Offender Act gives a person who has no prior felony convictions an opportunity to avoid a conviction with the exception of serious crimes such as sexual assault or a serious violent offense.
A reputable Georgia law firm can provide valuable counsel and advocacy for your case.
How Can You Avoid a Domestic Violence Charge on your Background Check?
Domestic violence and domestic battery charges can show up on a background check even if the charge was dismissed without conviction or if the court deferred it.
There are a few ways to avoid this from showing up on your background check. One way is to have the court expunge, seal, or otherwise remove any records of these charges from your record. Another way is to have the charge dismissed with a conviction and wait two years before applying for a job that requires a background check. Finally, you can wait five years after having deferred charges before applying for a job that requires a background check.
A domestic violence lawyer in Marietta can provide additional advice if you are facing domestic violence charges. Call now!