If you’ve been falsely accused of domestic violence, this can be a scary experience. You may wonder how such false allegations can affect your life, including whether they can affect your ability to get a job. This will depend on where the case is in the process. A lawyer may be able to explain your legal options when facing false allegations of domestic violence.
Status of the Case
Where your case falls in the criminal justice process can potentially affect your job prospects. For example, your case may be:
- Nonexistent: The alleged victim may have lied to someone else about the encounter, but there may not be any current charges against you. In this case, potential employers are likely unaware of the situation, so the impact on your job prospects may be minimal.
- Pending: If the alleged victim reported the offense to authorities and the prosecutor decided to file criminal charges, your case may be in limbo. Potential employers may learn about these charges in routine background checks or when you disclose this information on the job application.
- Dismissed: If the prosecution decided to dismiss charges because there was insufficient evidence that you had committed a crime, you can legally state on your job applications that there are no criminal charges against you and that you have not been convicted of a crime (as long as this is true).
- Acquitted: If you are acquitted of the crime after a trial, you are free to refrain from reporting this information on most job applications.
- Convicted: If you were convicted of the crime despite your innocence, the law will treat you as though you are guilty. Convictions are often discovered on background checks.
The Presumption of Innocence
A fundamental aspect of the American judicial system is that you are presumed innocent until proven guilty. While this presumption is nice, it only applies to the judicial system, not the court of public opinion. If your potential employer finds out about pending charges of domestic violence against you, they might decide not to hire you.
Employment Laws and Criminal Records
Most states allow potential employers to refuse to hire applicants for any reason, so long as that reason is not discriminatory. In some situations, employers with blanket policies that do not employ anyone with a criminal charge against them may run afoul of employment discrimination laws if it is determined that such a policy has a disparate impact on candidates. You can consult an employment attorney for more details on this matter.
Effect of a Criminal Conviction on Your Employment Prospects
Domestic violence convictions can have a significant impact on your life. You may be precluded from getting certain jobs, such as in law enforcement or security. You may not be able to get security clearance either. Domestic violence crimes are also deportable offenses, so if you are not a citizen, removal could be a possibility.
The best way to prevent false domestic violence allegations from becoming a conviction is to hire an experienced criminal defense lawyer. Elaine E. Lukic is a former domestic violence prosecutor, so she knows how the other side builds cases and how to defeat them. She can mount a vigorous defense aimed at clearing your name.
Contact Our Domestic Violence Defense Lawyer for a Confidential Consultation
If you are facing domestic violence charges, the Law Offices of Elaine E. Lukic can help. Call us at (888) 565-2217 or fill out our contact form to arrange your confidential case review.