Domestic Violence Charges and Employment in California | KCW Law

For those arrested on domestic violence charges in California, the consequences can go far beyond legal penalties. Even without a conviction, just the existence of a domestic violence arrest record can ruin job prospects across many industries.

Employers often conduct background checks that turn up arrests and convictions for domestic violence. This immediately raises red flags that can prompt them to reject an applicant. After all, companies screen candidates not just for criminal histories but for any behavior that could negatively impact customers, workplace culture, and their brand reputation.

But while a domestic violence charge presents very real challenges in finding employment, the situation is not hopeless. There are still paths forward to securing a good job in California, as long as you prepare wisely and market yourself effectively. By understanding employers’ concerns, targeting the right positions, and taking steps to clear or explain your record, it is possible to successfully re-enter the workforce.

Understanding How a Domestic Violence Conviction Can Limit Your Job Options

The main hurdle to gaining employment with a domestic violence arrest record is that many employers simply will not consider candidates who they know have been charged with this type of crime.

Employers cite numerous reasons for avoiding applicants with histories of domestic violence charges, even without a conviction:

• Safety Concerns – Employers may worry about potential violence or aggression affecting staff and customers.

• Ethics – A domestic violence charge may indicate poor character, judgment, and self-control in an applicant’s past.

• Industry Restrictions – Some sectors like healthcare, finance, education, transportation, and government preclude hiring candidates with specific criminal records.

• Negligent Hiring – Employers can face lawsuits for negligent hiring if an employee with a known violent history harms someone.

While a domestic violence arrest by itself does not always equal a conviction, many employers still treat it as a disqualifying factor. Furthermore, charges for domestic violence tend to linger on your record for many years and routinely surface on standard background checks.

For more on what employers can and cannot consider, see California Labor Code §432.7 and the California Department of Fair Employment and Housing’s background check guidance.

Strategies For Finding Employment With a Domestic Violence Record

Do not let a domestic violence charge completely discourage you. With persistence and creativity, there are ways to get your foot in the door and convince employers to look past your record. Consider the following tips:

Be Upfront About Your History

If asked directly about your criminal record, be honest about the domestic violence arrest. Express regret and emphasize how much you have changed. Highlight positive steps and self-improvement efforts made since the incident.

Focus Your Job Search

Realistically, some positions will likely remain off-limits. But fields like construction, manufacturing, food service, janitorial work and manual labor are often more open to applicants with a criminal record. Smaller businesses also have more flexibility in hiring.

Explore Clearing Your Charge

Under California Penal Code §1203.4, §1203.4a, and §1203.41, individuals who have completed probation or demonstrated rehabilitation may petition the court to expunge their conviction. If successful, most employers cannot legally consider the conviction in hiring. See the California Courts Expungement Self-Help page for more details.

Get An Employer Reference

Secure a positive letter of recommendation from any past employer, teacher, coach, or community leader who can vouch for your abilities and character.

Highlight Your Soft Skills

On your resume and in interviews, emphasize teamwork, communication, problem-solving, and reliability. Focus on your professional strengths rather than your past mistakes.

Industries More Likely to Hire Those with a DV Charge

Some industries tend to be more open to hiring those with domestic violence charges, particularly in high-turnover roles:

• Food Service & Hospitality – Restaurants, hotels, and resorts.

• Manufacturing & Warehousing – Factory and fulfillment work.

• Construction & Landscaping – Skilled labor and trades.

• Startups & Small Businesses – Less rigid screening processes.

Getting Legal Help Clearing Your Record

While not guaranteed, clearing your domestic violence arrest record through California’s penal code can greatly improve your appeal to potential employers. Consult with a criminal defense lawyer to understand your options.

The EEOC’s guidance on arrest and conviction records is another helpful resource for understanding how employers should evaluate past charges.

Having an arrest expunged, dismissed, or sealed—if qualified under state law—removes the ability of most employers to consider the incident in their hiring decisions.

Moving Forward With Your Career After a Domestic Violence Conviction

A past domestic violence arrest can feel like an insurmountable barrier, but properly managing your record and strategically targeting the right positions means you can still find meaningful work.

If you require experienced legal help clearing or explaining a past domestic violence arrest, reach out to our attorneys at KCW Law. We have assisted many clients in pursuing expungements and mitigating the employment impact of criminal records.

👉 Contact KCW Law today to discuss your case and explore your options.