Will a Domestic Violence Charge Show Up on a Background Check?

Key Takeaways

• Yes, a domestic violence charge typically appears on criminal history reports during background checks. In Colorado, the charging papers must say whether the case involves domestic violence.
• A background check company generally may not report an arrest record that is more than seven years old, but a conviction can be reported with no federal time limit.
• In Colorado, a case that is dismissed, ends in an acquittal, or ends with a completed diversion or deferred judgment is sealed without the person having to file a motion.
• A Colorado domestic violence conviction is excluded from ordinary sealing. A misdemeanor can be sealed only if the district attorney agrees or the court makes specific findings. A felony domestic violence conviction is excluded from sealing under the conviction-sealing statute.
• Colorado uses the word “sealing” for adult criminal records, not “expungement.”
• Employment background checks usually include criminal history, making prior charges relevant for job applications.

What Colorado Law Provides

• Domestic violence is a label, not a separate crime. It attaches to another crime when that crime is an act or threatened act of violence against a current or former intimate partner, or any other crime against a person or property (including an animal) used to coerce, control, punish, intimidate, or take revenge on that partner. An “intimate relationship” means spouses, former spouses, past or present unmarried couples, and people who are both parents of the same child. C.R.S. 18-6-800.3
• Arrest is required. When an officer has probable cause to believe a domestic violence crime was committed, the officer must arrest the suspect, and the person is taken to the station for booking. C.R.S. 18-6-803.6(1) That is why most of these cases create an arrest record.
• The label is on the paperwork. When police issue a summons or complaint, they must state on the document whether the charge involves domestic violence. C.R.S. 16-21-103(2)(b)(II) A plea to a charge without the domestic violence label is not allowed unless the prosecutor states on the record that the intimate relationship could not be proven and the court so finds. C.R.S. 18-6-801(3)
• A conviction carries extra requirements. The court must order a domestic violence treatment evaluation and treatment program, unless the person is sentenced to the department of corrections (18-6-801(1) and (2)). The court must also order the person not to possess or buy firearms or ammunition until the sentence is satisfied and to give up any firearms, generally within 24 hours of sentencing, not counting weekends and holidays (18-6-801(8)).
• Repeat offenses. A misdemeanor that includes an act of domestic violence becomes a class 5 felony if the person has three or more prior domestic violence convictions from separate cases (18-6-801(7)(a)). A class 5 felony carries 1 to 3 years in prison.
• Sealing a case that did not end in a conviction. The court must seal the records on its own when the case is completely dismissed, the person is acquitted of all counts, or the person completes diversion or a deferred judgment and all counts are dismissed. No written motion is required. C.R.S. 24-72-705
• Sealing a conviction. A conviction whose factual basis involves domestic violence is excluded from ordinary sealing. A misdemeanor or petty offense in that category can still be sealed if the district attorney consents, or if the court finds by clear and convincing evidence that the person’s need is significant and substantial, enough time has passed that the person is no longer a threat to public safety, and public disclosure is no longer necessary. C.R.S. 24-72-706(2) Colorado’s automatic conviction-sealing program also excludes these crimes. C.R.S. 13-3-117(1)(a.5)
• What sealing does. After sealing, the person may answer that no public criminal record exists, and employers, landlords, and government agencies may not require the person to disclose sealed records. Courts, law enforcement, prosecutors, and agencies required by law to run a criminal history check can still see them, and sealing does not erase the conviction itself. C.R.S. 24-72-703(2)
• Job applications. Most private employers may not ask about criminal history on the initial written or online application, but they may obtain a publicly available criminal background report at any time. The rule has exceptions, including positions where the law requires a background check. C.R.S. 8-2-130(3) and (4)

What Federal Law Provides

• Reporting time limits. A background check company may not report an arrest record more than seven years old (or, if longer, until the statute of limitations has run). Records of convictions are not subject to that seven-year limit. The seven-year limit does not apply to a report for a job paying $75,000 a year or more. 15 U.S.C. 1681c(a) and (b)
• Adverse action notice. Before an employer takes adverse action based on a background check company’s report, it must give the applicant a copy of the report and a written description of the applicant’s rights. 15 U.S.C. 1681b(b)(3)
• Firearms. A person convicted of a “misdemeanor crime of domestic violence” may not possess or receive firearms or ammunition. 18 U.S.C. 922(g)(9) The federal definition covers misdemeanors that have, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed by a spouse, former spouse, parent or guardian, co-parent, cohabitant, or a person in a current or recent dating relationship with the victim. 18 U.S.C. 921(a)(33)

Understanding Domestic Violence Charges

In Colorado, domestic violence is a designation added to an underlying crime, such as assault, rather than a crime of its own. It covers violence or threatened violence against a current or former intimate partner, and other crimes against a person or property used to coerce, control, punish, intimidate, or take revenge on that partner (18-6-800.3(1)). Colorado’s definition is limited to intimate relationships. Federal firearm law uses a broader definition that also includes a parent or guardian of the victim (18 U.S.C. 921(a)(33)).

Legal consequences for domestic violence can be severe, including jail or prison, fines, protection orders, court-ordered domestic violence treatment, and loss of the right to possess firearms. A conviction may also affect custody arrangements and employment opportunities. The implications extend beyond the immediate criminal case, which is why the way the case ends matters so much for what a background check will later show.

How Background Checks Work

Background checks play a vital role in assessing an individual’s history and suitability for various purposes, including employment, housing, and legal matters. The background check processes typically involve gathering information from multiple sources, including public records, criminal databases, and sometimes personal references.

Different criminal record types can be uncovered during these checks, such as felonies, misdemeanors, and violations. The depth of the search often depends on the nature of the position or requirement, with more sensitive roles necessitating comprehensive reviews.

Federal and state laws govern the access and use of this information. When an employer uses a report from a background check company, the federal Fair Credit Reporting Act (FCRA) requires the employer, before taking adverse action based on the report, to give the applicant a copy of the report and a written description of the applicant’s rights (15 U.S.C. 1681b(b)(3)). In Colorado, most private employers may not ask about criminal history on the initial application form, though they may still obtain a publicly available background report (C.R.S. 8-2-130(3)).

Types of Background Checks

The types of background checks employed can significantly influence the assessment of an individual’s history, particularly in contexts involving domestic violence charges. Employment background checks typically focus on verifying a candidate’s work history and qualifications, while criminal history reports provide insight into any past legal issues, including convictions related to domestic violence. Understanding these different checks is crucial for evaluating their implications on personal and professional opportunities.

Employment Background Checks

As employers seek to ensure a safe and productive work environment, various types of employment background checks have become integral to the hiring process. Background check policies vary by organization, reflecting the nature of the job and necessary qualifications. These checks can significantly influence employment opportunities for candidates, particularly those with a history of domestic violence.

• Criminal Background Checks: Assess any past criminal activity, which may include domestic violence charges.
• Employment Verification: Confirms previous job titles, responsibilities, and tenure, ensuring candidates’ honesty.
• Reference Checks: Contacting former employers or colleagues to gauge the candidate’s character and work ethic.

Understanding the types of employment background checks helps both employers and candidates navigate the complexities of the hiring process.

Criminal History Reports

Criminal history reports serve as a significant tool in evaluating an individual’s past legal issues, particularly within the context of employment screening. These reports compile various criminal records, including arrests, convictions, and pending charges. Employers often use them to assess the suitability of candidates for specific roles, especially those involving vulnerable populations. The depth of these investigations can vary, from basic checks to extensive searches of national databases.

Federal law limits some of what these reports may contain. A background check company generally may not report an arrest record more than seven years old, but convictions can be reported regardless of age (15 U.S.C. 1681c(a)). Because a Colorado domestic violence case usually begins with a mandatory arrest, the arrest record alone can appear on a report even if the case is later dismissed, unless the record has been sealed.

The Impact of State Laws

State law decides how domestic violence charges are labeled, how long records stay public, and who can see them. The legal consequences of these charges can extend beyond the immediate criminal penalties, affecting employment opportunities and housing options.

Key considerations in Colorado include:

• Duration of Record Retention: A criminal record stays public until it is sealed. Colorado’s automatic sealing program seals some older convictions after a waiting period, but it excludes domestic violence crimes (13-3-117(1)(a.5)).
• How the Case Ended: A dismissal, acquittal, or completed deferred judgment or diversion is sealed without a motion (24-72-705). A domestic violence conviction is excluded from ordinary sealing (24-72-706(2)(a)).
• Level of Offense: A misdemeanor domestic violence conviction can be sealed only if the district attorney consents or the court makes the findings required by 24-72-706(2)(b). A felony domestic violence conviction is excluded from sealing under that statute.
• Access to Records: Sealed records can still be seen by courts, law enforcement, prosecutors, and agencies required by law to run a criminal history check (24-72-703(2)(a)).

Understanding these rules is vital for individuals facing domestic violence charges, because the way the case ends largely decides what a background check will show later.

Expungement and Sealing of Records

Colorado does not use the word “expungement” for adult criminal records. The process is called sealing, and it is governed by Title 24, article 72, part 7 of the Colorado Revised Statutes. Whether a domestic violence record can be sealed depends mainly on how the case ended: without a conviction, or with one.

Sealing Process Overview

Sealing can improve employment and housing opportunities. Once a record is sealed, the person may answer that no public criminal record exists, and employers and landlords may not require the person to disclose it (24-72-703(2)(b) and (d)).

The steps depend on how the case ended:

• Dismissal, acquittal, or completed deferred judgment or diversion: The court seals the records on its own at the time of disposition, and no written motion is required. If the court does not, the Colorado Bureau of Investigation seals the record when it receives the disposition (24-72-705(1)). Because domestic violence cases are crimes covered by the Victim Rights Act (24-4.1-302(1)), the district attorney must be given a chance to tell the victim. If the victim objects, the court sets a return date no later than 35 days after the motion; if there is no objection within 35 days, the court grants the sealing (24-72-705(1)(d)).
• Arrest with no charges filed: The person may petition the district court to seal the arrest records once the conditions in 24-72-704(1)(a) are met, such as the statute of limitations having run or law enforcement no longer investigating.
• Conviction: The person files a motion in the criminal case after a waiting period and includes a verified copy of the person’s criminal history. The court first reviews the motion and may deny it without a hearing if it is insufficient on its face (24-72-706(1)(a), (c), and (d)). For a domestic violence misdemeanor, the motion can succeed only if the district attorney consents or the court makes the findings required by 24-72-706(2)(b).

Sealing does not erase a conviction, and a new conviction after sealing causes the court to unseal the record (24-72-703(2)(a)(II) and (V)).

Sealing Eligibility Criteria

In Colorado, the rules for domestic violence records turn on how the case ended and on the level of any conviction. The table below summarizes them.

What Employers and Landlords May See

While many individuals may assume that a domestic violence charge remains private, employers and landlords often gain access to relevant background information that can significantly influence their decisions. Both parties typically conduct background checks to assess potential risks and make informed choices.

Employers may form perceptions based on the presence of a domestic violence charge, impacting hiring decisions, particularly in positions that require trust and responsibility. Similarly, landlords often have concerns regarding safety and the potential for disturbances, which can affect rental agreements. Once a Colorado record is sealed, however, employers and landlords may not require the applicant to disclose it (24-72-703(2)(d)).

Key factors that employers and landlords may consider include:

• Nature of the charge: The severity and circumstances surrounding the incident.
• Time elapsed since the charge: How long ago the charge occurred and any subsequent behavior.
• Legal outcomes: Convictions, dismissals, or ongoing legal issues related to the charge.

Understanding these perspectives is vital for individuals with such charges on their records.

Steps to Take if You Have a Charge on Your Record

Having a domestic violence charge on one’s record can pose significant challenges, particularly in employment and housing situations. Individuals facing this issue should first seek legal representation to find out whether the record can be sealed and what that requires. If the case was dismissed or ended in a completed deferred judgment, it is worth confirming that the sealing actually happened; if it did not, the person may file a motion to seal at any time, without fees or costs (24-72-705(2)).

Additionally, pursuing rehabilitation options can demonstrate a commitment to personal growth and responsibility. Completing counseling or domestic violence treatment, which Colorado courts order after a conviction (18-6-801(1)), can provide tangible evidence of reform, which may positively influence potential employers or landlords.

Moreover, individuals with an unsealed record should prepare to address the charge candidly during interviews, emphasizing lessons learned and changes made. A person whose record has been sealed does not have to disclose it (24-72-703(2)(d)). Building a strong support network and maintaining a consistent focus on rehabilitation can further enhance opportunities for a successful reintegration into society.

Frequently Asked Questions

How Long Does a Domestic Violence Charge Stay on My Record?

In Colorado, a domestic violence record stays public until it is sealed. A case that is dismissed, ends in acquittal, or ends with a completed deferred judgment or diversion is sealed without a motion (24-72-705). A domestic violence conviction is excluded from ordinary sealing; a misdemeanor can be sealed only with the district attorney’s consent or specific court findings, and a felony is excluded (24-72-706(2)). Separately, federal law bars background check companies from reporting arrest records more than seven years old in most cases, but convictions can be reported with no time limit (15 U.S.C. 1681c).

Can a Domestic Violence Charge Affect My Gun Ownership Rights?

Yes, and the effect depends mainly on a conviction. Under federal law, a person convicted of a misdemeanor crime of domestic violence may not possess or receive firearms or ammunition (18 U.S.C. 922(g)(9)). The federal ban does not simply expire with time. It does not apply if the conviction has been expunged or set aside, or the person has been pardoned or had civil rights restored, unless that relief says otherwise (18 U.S.C. 921(a)(33)(B)(ii)). The one time-based exception is for a single conviction involving a dating relationship, where the ban can end after 5 years if the conditions in 18 U.S.C. 921(a)(33)(C) are met. Colorado law separately requires the court, after a qualifying conviction, to order the person not to possess or buy firearms until the sentence is satisfied and to give up any firearms, generally within 24 hours of sentencing, not counting weekends and holidays (C.R.S. 18-6-801(8)). Note that sealing a Colorado conviction does not erase it (24-72-703(2)(a)(II)).

Will a Domestic Violence Charge Appear in a Credit Check?

A domestic violence charge does not typically appear on credit reports, as credit checks focus on an individual’s financial history rather than criminal records. Background checks, however, may include criminal history, depending on the type of check conducted. Therefore, while a credit check will not reveal such charges, a more comprehensive background check could potentially uncover them, impacting employment opportunities or housing applications. Understanding these distinctions is essential for individuals navigating these situations.

Do All States Report Domestic Violence Charges the Same Way?

No. States differ in how they define domestic violence, how they label it in court records, and when records can be sealed. In Colorado, domestic violence is a label attached to an underlying crime, and police must state on the summons or complaint whether the charge involves domestic violence (C.R.S. 16-21-103(2)(b)(II)). Understanding these differences is essential for individuals navigating the legal and employment implications of such charges.

Can I Appeal a Domestic Violence Charge if Found Guilty?

A person found guilty can appeal the conviction. The appeal process typically involves reviewing the case for procedural errors or legal misinterpretations. It is crucial for the individual to secure competent legal representation to navigate this complex procedure effectively. An attorney can help identify grounds for appeal and ensure that all necessary documentation is submitted within specified time limits, maximizing the chances of a successful outcome.