Domestic Violence, Sexual Assault, Stalking & Work: Survivors with a Criminal Record
Domestic violence, sexual assault, and stalking survivors sometimes find themselves being arrested along with the abuser or perpetrator, convicted of a crime stemming from the abuser’s attack, or subject to a protective order against them.. While SB 591 (Solis), which passed in 1995 and amended Family Code §§ 2047, 6305 & 7720 and Penal Code § 13701, discourages law enforcement from making dual arrests in response to a domestic violence call, it does not prohibit dual arrests. As a result, domestic violence survivors, as well as sexual assault and stalking survivors, could be arrested, face prosecution, or be the subject of a protective order. This fact sheet provides information on how the survivor should treat a criminal record.
- Commercial banks, credit unions, and savings and loan associations;
- Supervisory power over minors;
- Daycare facilities and developmentally disabled facilities;
- Some organizations that are considered “agencies of the state” can see your records if they are permitted to do so by law or regulation;
- Public utilities, especially nuclear power plants;
- Government employers if authorized by law or regulation (Labor Code § 432.7); and
- Law enforcement agencies.
- No, if you only have arrests without convictions. Most employers cannot ask about arrests that did not result in convictions. Note the exceptions in question #1: when you must list arrests that did not result in conviction.
- Yes, if you have any arrests that resulted in a conviction.
- If you have any dismissed convictions (“expunged”), then you can answer: Yes, conviction dismissed.
- Note: traffic infractions are “offenses,” not “crimes.”