Effects of domestic violence on employment

FactSet javadev4me
Jul 13 42 Comments

I was laid off from my job at Amazon last month. Since then my wife has not been happy understandably.

My wife and I got into a heated argument. She threw a plate at me and I dodged it. I threw it back at her and it hit the wall and shattered. We live in a condo and our neighbors called the cops. I got charged with assault 4 d.v., it’s a class a misdemeanor (ie what they give when no one is really hurt; similar level as a DUI). I’m speaking with attorneys now but they don’t know much about background checks and employment, just criminal defense.

Can anyone tell me how this will effect employment and background checks? Timing couldn’t be worse since employers usually just run a check when you apply. I was told since I have a clean record I’ll need to do counseling and then it will be dismissed. I did research and saw California, Illinois, and Pennsylvania only allow use of conviction records not arrest records for employer background checks. It takes 5 years to have the charge expunged if it’s dismissed after counseling. Does this mean I’ll need to work in one of these states for 5 years?

Any knowledge would be greatly appreciated as I’m terrified my career is over.

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TOP 42 Comments
  • Police doesn’t “have” to arrest someone. A broken plate doesn’t get you arrested.

    Stop being aggressive with your wife. If I saw you throw a plate at a woman, you wouldn’t be waking well for a while.

    My step dad beat up my mum all the time. His version always sounded like your version.

    Go F*^% yourself.
    Jul 13 8
    • Uber HvWK68
      OP was the one defending himself from his wife. Stop projecting your own problems onto other people's situations.
      Jul 14
    • FactSet javadev4me
      OP
      SAP I understand your sincere concerns for battered women and I want you to know I 100% share and respect those concerns. I also am truly sorry for the household you were subjected to and for your mother’s hardship. I truly hope you can comprehend however often time for ANY crime there are many times people can be falsely accused of something or that someone makes a mistake, as I did, but the charges are out of proportion in terms of the penalty and effects. I don’t want to get into a fight and won’t try to change your feelings, I respect them. However I would ask you to consider at least what I am saying.
      Jul 14
    • New ASdT78
      op don't cow tow to Uber, who is clearly a woke femi nazi. first it's bs that you get charged and not her. this is why i have little sympathy with DV because it's highly sexist. uber, you are ripe for some woman to take full advantage of your blind woke attitude. and i hope it happens and u get taken to cleaners
      Aug 16
    • Uber HvWK68
      New are you stupid? I freaking sided with the OP not his wife, learn to read!
      Aug 21
    • New ASdT78
      uber, sorry my bad. was meant for sap, who's more likely a male feminist. btw, even feminist think male feminist are creeps!
      Aug 21
  • Microsoft Wahh28
    Sorry to hear about this. Try paper products.
    Jul 13 2
  • Microsoft Mephistopheles
    So she throws the plate first but only you got charged?
    Jul 13 1
    • FactSet javadev4me
      OP
      If cops are called they have to arrest someone. It’s usually the guy. The big thing is can I work again and how??
      Jul 13
  • Microsoft dingdong2
    Get police records for yourself. I think you should be able to do that. It will show that what is written for you.

    I think you are going to be ok. If any misdemeanor shows up, don’t think it’s going to be a disqualification. They may ask for explanation and you can explain as you want.

    Run a background check on yourself.

    And try to keep your calm and not repeat what happened. I know easier said than done.
    Also find some lawyer who deals with such stuff. Research avvo.

    All the best.
    Jul 13 0
  • Amazon gundu
    The back ground check would flag it and the company would look for further details. But usually if the issue is in no way pertaining to your job or your performance this would be ok. I have been part of a hire where the back ground came back with a flag which turned out to be domestic violence. It took us more time to hire due to background clearance issues, but we did end up hiring him.
    Jul 14 1
    • FactSet javadev4me
      OP
      Oh perfect can you go into what happened in terms of the process and how it was resolved? This is exactly what I’ve been trying to find was someone who went through this before. Were charges dismissed as well? Was it a misdomeanor? Did you look at police reports? How much time had gone by?
      Jul 17
  • IBM vaGinni
    Employers usually run background checks through vendors. There are levels or say, packages, they ask the vendors to run depending on the company, level of position and state. At the end of process the HR will likely be the deciding factor in determining whether or not to hire you. For example if your background shows a misdemeanor from 10 years ago, HR will be lenient to give you a chance. If it's a recent assault charge, it is likely they won't even think twice about failing your background check, unfortunately. That said, there is still a chance they might review and request more information from you on this. So for now, make sure you have the police report or other documents that you can prove it was more of a misunderstanding than an actual aggression. Those can help you prove your story. You should also expect to have to disclose this with your interviewers. To be clear, this is a confidential matter between you and the background check company and hiring managers or their teams don't need to know, but being opened with your recruiter and/HR will heavily tip the scale in your favor at times, as opposed to simply hiding and hoping for the best.
    Do prepare to talk about this when appropriate but the less you do, the better your chances are. If you ramble too much, you're done. So mention to your recruiter perhaps at the end of the initial interview or when they ask that you'd have to pass a background check. If you lose hope in getting employment after this, then moving to those states might make it more comfortable for you to rejoin the workforce and get back to your life.
    Jul 13 0
  • LinkedIn bookstore
    I think background check will reveal the arrest and pending case. However these cases are usually resolved within 3-6 months. High chances yours will be dismissed. Make sure you hire great attorney to make the case dismissed. Once your case dismissed background checks will pass with no problems. In any case if questions comes up about your dismissed case you would just say that you were innocent and it all was misunderstanding. Arrest records by themselves dont trigger any questions if they dont result in conviction.
    If you are not US citizen then you have bigger problem then your career. If you case results in conviction then you will become deportable under imigration law. In this case you need to get not only great criminal defense but also immigration one. make sure they explain you your potential options to avoid this.
    Jul 14 10
    • LinkedIn bookstore
      Sure, but many innocent people have been arrested on violent crimes. If you aren’t convicted you re innocent and it might be even unlawful to discriminate on this basis
      Also you can seal you arrest record once case is dismissed then it should not show up on any background checks
      Another option dont hurry up for SOC, you can get any time. Let attorney keep negotiating with prosecutor they might something better, like straight dismissal
      Jul 14
    • FactSet javadev4me
      OP
      In Washington state it takes 5 years to expunge a dismissed dv though, other crimes like dui takes three. I’m surprised as I though just the arrest and dismissal could be used by employers in all but those three states to withhold employment. Yea hopefully can get it dismissed the soc will eventually lead to dismissal but can take up to two years which would be devastating.
      Jul 14
    • I am assuming you were arrested fairly recently so a prospective employer will be very apprehensive about hiring you now or in the near future. The reason is because the case is pending and the employer doesn't know what the outcome will be. A conviction, dismissal, court ordered counseling, and/or community service? Too many unknowns for an HR manager to risk hiring you now. It would interfere with your work.

      Long term. Take care of it as quick as possible first. Get counseling or whatever it takes to get it dismissed or expunged in the future. Also, a misdemeanor is not the end of the world. Especially a first offense. Your qualifications, skills, and experience weigh heavily so a dismissed misdemeanor charge can be more easily overlooked. Good luck.
      Jul 15
    • FactSet javadev4me
      OP
      I’m doing all I can (classes, character references, 40hr of community service before my first pretrial-my lawyer said there could be 3-6 pretrials). Given my lack of record I was told I should be able to get an SOC so after some time and classes, ect it will be dismissed. However bc this is a type of diversion the charges can never be expunged so it will just always show as dismissed. My worry is that even though it’s a misdemeanor (class a, bc there was no physical damage) and not a felony (which all other assault types are) that it is labeled as a violent crime and therefore I won’t be considered for employment, vs say getting a dui (also class a misdemeanor) but employers don’t care as long as you aren’t driving bc it’s not a violent crime.
      Jul 17
    • Usually an employer will screen applicants qualifications first for the position being applied for. Then proceed to do a background check on the qualified applicants. Employers have to consider security in the workplace and screen out those who have a history of violent acts. With that said, even a charge of domestic violence that was later dismissed for whatever reasons, is enough reason for some employers to consider hiring other qualified applicants over you. Not an automatic exclusion, but enough to screen you out. With that said, if you are well qualified for the position an employer could hire you on the fact that the charge was dismissed on a one time minor misdemeanor charge. They may not see you as a risk. Apply and hope for the best.
      Jul 17
  • FactSet javadev4me
    OP
    So I spoke w someone who was hr at amzn and msft and they said:
    (1) felonies definitely show
    (2) she doesnt know about misdemeanors nor arrests
    (3) they generally only run that screening once they are ready to give you an offer
    They also said it’s a bit of a black box to hr. Anyone have any idea where these policies/decisions are made, ie if it’s a black box to hr and the background company just makes the report who actually analyzes the report to make the decision?
    Jul 27 4
    • Amazon CeoExtra
      At Amazon or similar tech companies for high demand positions like SDEs, it will depend on recruiter or HM (if not felony).

      In other places where many candidates line up for a single position, just having arrest record can get you offer cancelled.
      Jul 27
    • FactSet javadev4me
      OP
      Got it yea my thinking was to apply to a couple mid tier spots and see what happens, then work my way back up. I figured there are basic companies like Costco or airlines that’ll pay 80-100k them companies like hbo and then top companies like google and msft. I figured try the basic companies first if I can get those then try something like hbo. It won’t be a perfect system but best I can do. I figured holding off from applying to top tech companies until at least the issue has been resolved w charges dismissed. It takes at least 5 years to expunge so hopefully an arrest and dismissal won’t disqualify me but we’ll see. I just didn’t know if there’s a better way to try and figure it out.
      Jul 27
    • Amazon CeoExtra
      Top companies are more likely to overlook if not felony.
      They have apparently unlimited hiring slots.
      In small companies they hire sparingly. They don’t make aggressive offers and if there are multiple candidates they choose based on available headcount.
      Jul 27
    • FactSet javadev4me
      OP
      That’s true I suppose but I’d think bar is lower at smaller companies so they’d be more willing to hire good talent? A top company can get anyone why mess w someone w a record if they don’t have to.
      Jul 27
  • FactSet javadev4me
    OP
    Any other thoughts on this??
    Jul 24 2
    • New EEVs37
      you are not convicted, just arrested, so I would just get the court record(not the police record) and won't say anything, if they asked, just tell them is not convicted, and show them the court record
      Jul 25
    • FactSet javadev4me
      OP
      Yea so what my lawyers said will happen is that I will probably let get what they call an SOC. This means for a period of time, hopefully 1 year, the charges show as pending. After a year they are dismissed. Given this is a misdemeanor I do not know how seeing them in pending for that extended period of time will be taken.
      Jul 25
  • New EEVs37
    my immigration lawyer add a clause to my diversion state that if i completed the diversion, would not be charge guilty, since it would affect my immigration status, i failed the diversion tho.. so it would still shows up on my records anyway :( :( maybe your lawyer would do something like that for you too?
    Jul 20 1
    • FactSet javadev4me
      OP
      I was my wife’s green card sponsor, ie I’m a us citizen. We were told she no longer needs me as she can self sponsor. The problem is the career as I was making 200k and she only made 100k.
      Jul 20
  • Amazon mup
    Why can't your wife claim that it was an accident and that no harm indented?
    Jul 13 1
    • FactSet javadev4me
      OP
      In these types of cases it doesn’t matter if the person doesn’t want to press charges, think battered women who run back to their abusive husbands. I can understand it I just don’t want it to ruin my life.
      Jul 13
  • Oracle odvurisagi
    Sorry for you mate.
    Jul 13 0

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