If you are currently facing domestic violence allegations, you may be concerned about the impact of a conviction on your employment. If you are currently employed, you may be wondering how your employer will address your conviction, or if you're actively seeking a job, you may be worried about whether a conviction will affect your ability to find work. If you have been arrested for domestic violence in Palm Beach County or Broward County, FL it is imperative to seek the advice of a domestic violence defense attorney as soon as possible.
Can I Lose My Current Job If Accused of Domestic Violence?
Many workplace regulations exist to safeguard employees from being dismissed because of prejudice. These rules, however, do not provide protection to persons who have been convicted of domestic violence, or any other crime for that matter. If you are merely facing charges and have not yet been convicted, you may be in the clear for now. Some businesses, especially in the education field, require you to report whether you have been arrested. Your employer may not be aware of your arrest unless you specifically inform them, but will likely conduct a background check regardless.
Even though you are not required to inform your employer of your arrest, it is possible that you will need to do so nonetheless. This is in case you need to go to court or deal with any issues related to your charges. When you inform your employer, you may go into further detail about your predicament, therefore reducing your chances of getting fired.
Can a Domestic Violence Victim Have the Charges Dropped?
Arguments may quickly spiral out of control, resulting in both dangerous and violent situations in certain cases. During the course of an ongoing investigation, Florida prosecutors and courts will do everything in their power to ensure that the victim is kept secure from the suspected perpetrator. As a result, a victim cannot request that the accusations made against another individual be withdrawn on their own. However, the victim's advice may be extremely helpful in determining whether or not to file a lawsuit, whether or not to withdraw a case, and whether or not to negotiate a settlement. An example of why the alleged victim cannot drop domestic violence charges on their own can be seen here.
Florida Background Check Laws
In Florida, unlike some other states, state law does not restrict employers from conducting criminal background checks. Although some counties and communities have their own ban-the-box and fair hiring laws, there is no statewide ban-the-box or fair employment legislation in Florida. In fact, Florida incentivizes businesses to do background checks by protecting them from accusations of negligent hiring. In Florida, if an employer does a background check that includes a criminal records check and discovers no evidence that disqualifies the candidate, the corporation is presumed not to have made a mistake in hiring.
What Does A Florida Background Check Reveal?
The following information is obtained via standard background checks:
- Prior work experience
- Criminal record
- Credit history
- License record check
Employers in Florida are prohibited from requesting arrest records for prior offenses that did not result in a conviction. The employer can however determine whether or not to hire the candidate after reviewing the individual's criminal past. The circumstances of the conviction are generally a factor in this judgment. Employers may be hesitant to continue working with a candidate who has been accused of domestic abuse.
If the company decides not to hire the candidate, they must provide a written explanation. After this, the applicant has a limited amount of time to react and submit facts regarding the conviction that may persuade them to reconsider their decision. At the end of the day, the employer's judgment is the deciding factor.
Employment With a Criminal Record in the Public Sector in Florida
Domestic violence convictions in Florida might make it difficult to get work in various areas. These careers might include:
- Teaching occupations
- Police occupations
- At-risk individual careers
- Healthcare careers
- Government careers
Additionally, following a domestic violence charge, your professional licenses may be canceled or suspended.
How Long Will a Domestic Violence Charge Remain on My Record in Florida?
A conviction for domestic violence in Florida will remain on your record indefinitely. As a result, it's in your best interest to find out if you qualify to have your record sealed and expunged. If your conviction is expunged from your criminal record, you will not be forced to disclose your previous conviction to anybody. In fact, you can deny being arrested if asked by an employer as long as the case has been sealed or expunged. Only misdemeanor convictions, however, are eligible for expungement in Florida. If you've been charged with felony domestic abuse, the first thing you should do is ask for a reduced sentence which is possible with the assistance of a Palm Beach domestic violence defense attorney.
Domestic Violence Defense Attorney in Palm Beach County
Each domestic violence case is unique and requires the services of a highly skilled attorney experienced in managing these complex situations. If you or a loved one has been arrested for domestic abuse, it is critical that you get the services of an experienced Florida domestic violence attorney who can assist you in obtaining a favorable resolution prior to a conviction. To speak with an attorney promptly, contact us or call us at (561) 671-5995.