Domestic violence (DV) charges can wreak havoc on an individual’s personal life and reputation within their community. When a job requires security clearance, DV charges can potentially necessitate the end of employment.
Getting a jump on the situation and promptly disclosing the incident to an employer is often viewed favorably. At this point, the employer may wish to proceed with an additional investigation into the clearance to ensure there is no active threat to security.
A domestic violence defense attorney can navigate the maze of handling DV charges in court. Experienced lawyers may succeed in getting the charges reduced or dropped while helping their clients clear their names and retain their clearance.
What Is Defined As Domestic Violence in California
California Penal Code § 273.5 defines domestic violence as intentional harm to a spouse, co-habitant, or fellow parent that results in a visual injury. This can be tried as either a misdemeanor or a felony.
California Penal Code § 243(e)(1), called “domestic battery,” includes any unwanted or unlawful touching of an intimate partner that doesn’t result in a visible injury. It’s a lesser charge that’s tried as a misdemeanor.
Also called “intimate partner violence,” domestic violence takes many forms. Children, parents, siblings, and other intimidating living situations also qualify as domestic violence.
Is Verbal Abuse Classified as Domestic Violence?
Verbal abuse is part of emotional abuse and is just as abusive as physical violence. Threatening, belittling, berating, shaming, and intimidating a victim falls under California statute 527.6.
Making a comment that another person would believe is genuine or threatening someone with violence or physical harm in person, in writing, or electronically can also fall under California’s Penal Code § 422: Criminal Threats. Proving verbal abuse may be difficult without recorded evidence.
When Does Domestic Violence Become a Felony?
Domestic violence is charged as a misdemeanor unless:
- The victim was a child or a senior citizen
- The victim suffered physical harm or a “corporal injury,” one caused by force
- One or more instances of prior domestic abuse exist
- There is a documented history of abuse
- The abuser violated a restraining order to commit the abuse
- The abuser used a weapon
- A child witnessed the incident
Most domestic violence cases can be either misdemeanors or felonies, depending on the case.
Can You Lose Your Security Clearance for Domestic Violence?
It’s possible, especially if you try to conceal the arrest. Be proactive immediately and begin disclosures yourself rather than letting your employer find out elsewhere. Get ahead of the situation and begin discussions with your employer. Include any mitigating circumstances involved. A re-investigation into your security clearance may occur.
If you are required to take classes or counseling, such as anger management, complete them and any other court-ordered requirements. Do whatever it takes to show that you are committed to improvement. Working with a domestic violence defense attorney can help to make sure you’ve completed your requirements.
Factors That Affect Security Clearance
Any government position requires a background check. This determines your eligibility for access to classified national security information and your potential as a security threat.
What Shows Up on a Security Clearance Background Check?
- Education
- Current and previous residences
- Family members and their residences
- Previous employment, including military service
- Police record
- Financial records, including bankruptcy, garnishments, and other negative activity
Can You Get Security Clearance with Domestic Violence Conviction?
Suppose you’ve had no additional arrests or convictions and complied with the court’s orders. In that case, it’s possible to have the conviction reduced or expunged with the help of a criminal defense attorney.
Security Clearance Disqualifiers
- Criminal cases
- Residency issues
- Employment record gaps
- Financial instability, i.e., unpaid debts, consistent delinquent payments, bankruptcies, and poor financial choices
- Gambling debts
- Unexplained wealth, i.e., assets or cash
- Illegal or improper involvement with drugs
- Security violations, i.e., unauthorized disclosure of classified information
- Incapacitation
When Domestic Violence Charges Are Dropped
The court may drop all charges if there is insufficient evidence, including injuries, self-defense, contradictory statements, or no witnesses. But that’s not the end–you will still need to apply for expungement.
Can A Domestic Violence Victim Get the Charges Dropped?
No, but the district attorney can. Once the police are involved, the state presses charges. The alleged victim can file an affidavit of non-prosecution, but the DA decides whether to drop charges.
Can Police Press Charges If the Victim Doesn’t Want To?
Police in California will press charges if the victim refuses. Many prosecutors refuse to drop domestic violence charges altogether and will continue prosecution even if they eventually drop charges.
Experienced San Diego Domestic Violence Attorney Can Help
Sevens Legal can help defend you against domestic violence charges. We’ll investigate your case and work to fight the charges. Working with an experienced criminal defense attorney will improve your chances of reduced or dropped charges.
Security Clearance Revoked Due to Domestic Violence Charges
Revocation is a concern after domestic violence allegations. Much will depend on the preliminary hearing, where a judge will examine if someone committed a crime and if there is enough evidence.
After you’ve self-disclosed the allegations, the next step is to work with a criminal defense attorney who can work to get the charges reduced or dropped. Sevens Legal can help. With the right criminal defense attorney on your side, you may be able to see the charges dropped before they become part of your record.
Contrary to popular belief, even if the charges are dropped, they may still show on your background check. Our skilled domestic violence attorneys can help you get them expunged from your record for good.
Security Clearance with Domestic Violence Background
The process is different and longer if you already have a DV charge or conviction. A “settled” case involves three years of probation, fines, restitution, and a full year of anger management. Felonies may include jail time.
The good news is that many of these cases can be expunged. Misdemeanors can be expunged after specific legal timelines. Felonies can be reduced to misdemeanors and then expunged if no state prison time was involved. Sevens Legal will work to help clear your record after a conviction to get or preserve a security clearance.
Free Domestic Violence Consultation in San Diego
Domestic violence charges can leave you with a criminal record that impacts your employment. We offer a free one-hour consultation in the San Diego area to discuss your case and strategies for defense. We’ll work to defend you against domestic violence charges to protect your freedom, your rights, and your reputation.
How to Contact Our Domestic Violence Attorneys
Call or text our office at (619) 430-2355 or use our online contact form to schedule your appointment. We’ve helped thousands of people in your situation and are ready to help you.
