Can I get a job with a simple assault charge?

Asked by: Olaf Wintheiser DVM  |  Last update: May 24, 2026
Score: 4.5/5 (58 votes)

Yes, a simple assault charge can affect your job prospects, but it doesn't automatically bar you from employment; a conviction is more damaging than a pending charge, impacting sectors like education and healthcare most significantly, while trades and manufacturing might offer opportunities, especially if the charge is expunged or not domestic-related.

Can I get a job with an assault charge?

Are there any jobs I cannot get if I have an assault charge on my record? Yes, individuals with assault charges may be restricted from certain jobs, especially those involving security clearance or work with vulnerable populations.

How long does an assault charge stay on your record?

Felonies. Felonies, on the other hand, involve more serious crimes, such as armed robbery, aggravated assault, or large-scale drug offenses. These crimes stay on your record indefinitely unless specific actions are taken to remove them.

How does an assault charge affect your life?

A simple assault charge in California is typically classified as a misdemeanor under Penal Code Section 240. Misdemeanor assault is punishable by up to six months in county jail and/or a fine.

Does assault show up on a background check?

A criminal background check may reveal a candidate's criminal history information, including: Felony criminal convictions, including murder, rape, kidnapping, arson, theft (values larger than $500), and aggravated assault.

How to get a job with a criminal record | Zachary Moore | TEDxSanQuentin

28 related questions found

What is the hardest background check to pass?

The hardest background checks are typically for high-security government roles (like Top Secret clearance), involving deep dives into finances, criminal history, personal references, and lifestyle, often requiring interviews with associates; these are far more stringent than standard employment checks and focus on trustworthiness for sensitive information access, extending to personal habits, foreign contacts, and potential vulnerabilities.
 

Does assault give you a criminal record?

An assault charge can be resolved without a criminal record (i.e. with a Peace Bond). For more serious cases of assault, unless the file is withdrawn or you are found not guilty by a Judge, you will likely receive a criminal record.

Is simple assault serious?

Penalties for a simple assault charge in California can include fines, probation, counseling requirements, and possible jail time, depending on the facts and prior history.

Can simple assault be dropped?

Yes, a simple assault charge can be dropped, but the decision rests with the prosecutor, not the victim, though the victim's wishes matter; charges are often dropped due to insufficient evidence, successful defense arguments (like self-defense), participation in diversion programs, or plea bargains, but prosecutors might proceed even if the victim asks them to drop it, especially in domestic cases, to ensure safety. 

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism. 

Is my life ruined if I get a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can create significant hurdles for jobs, housing, and licensing, appearing on background checks and potentially leading to fines, probation, or short jail time, though effects lessen over time, especially with expungement, diversion programs, or if you keep your record clean afterward. For first-time offenders, the impact is usually less severe, but it depends heavily on the type of crime, your field, and your jurisdiction. 

What is the lowest charge of assault?

The lowest assault charge is typically simple assault, often a Class C misdemeanor or equivalent, involving minor offenses like offensive physical contact (poking, spitting) or threats, without causing significant injury, and usually resulting in fines rather than jail time, though penalties vary by jurisdiction. More serious charges, like Class A misdemeanors or felonies, involve bodily harm, intent, or aggravating factors (weapons, victims like public servants). 

How long do misdemeanors show up on a background check?

Misdemeanors generally stay on your record permanently and can show up on background checks indefinitely, but many states offer ways to seal or expunge them after a few years (often 3-7), while some background checks are limited to 7 years by state law or company policy, depending on the state and specific job. The key factors are state laws (some allow automatic sealing), the type of misdemeanor, and whether you file for expungement or sealing. 

What misdemeanors disqualify you from a job?

While no misdemeanor automatically prevents all employment, offenses involving fraud, theft, violence, domestic abuse, or drug distribution are major red flags, especially in sensitive fields like healthcare or education, or for jobs involving money or vulnerable people; however, factors like the crime's relevance to the job, its age, and evidence of rehabilitation play a big role, with some states having laws limiting what employers can consider. 

What evidence is needed for assault?

To prove assault, prosecutors need evidence showing an intentional, unlawful act causing fear or harmful contact, often relying on the victim's testimony, corroborated by physical evidence (injuries, weapons), forensic proof (DNA), witness accounts, video/photos, communications (texts, calls), and police reports, all proving the perpetrator's actions beyond a reasonable doubt, even without eyewitnesses in some cases. 

What disqualifies you from getting a job?

A conviction for a serious offense, such as fraud, theft, violence, or drug-related crimes, may raise questions about an individual's reliability, trustworthiness, and potential risks to the workplace (especially workplace safety), ultimately resulting in disqualification from the hiring process.

What justifies simple assault?

Simple Assault

It typically involves intentionally causing bodily harm to another person or creating a fear of imminent harm through threatening behavior. Simple assault doesn't require the use of a weapon, and injuries don't necessarily need to be severe.

Do I need a lawyer for simple assault?

Yes you definately need a lawyer this is a criminal charge which will give you a conviction for assault which is never good and could even entail jail time, probation and fines especially if you have a prior criminal record.

What to say when you want to drop charges?

You might send a letter or request a meeting to explain why you want the charges dropped. Be honest, concise, and provide context if something changed your perspective.

How long do simple assault cases take?

Domestic violence cases follow a standard timeline. Most domestic violence cases with misdemeanor charges take 3-9 months from arrest to the end. Felony domestic violence cases take longer, about 6-18 months to finish.

What is the least serious assault charge?

The lowest assault charge is typically simple assault, often a Class C misdemeanor or equivalent, involving minor offenses like offensive physical contact (poking, spitting) or threats, without causing significant injury, and usually resulting in fines rather than jail time, though penalties vary by jurisdiction. More serious charges, like Class A misdemeanors or felonies, involve bodily harm, intent, or aggravating factors (weapons, victims like public servants). 

Does assault count as a criminal record?

Criminal records can result from minor offences, such as traffic violations, to serious crimes like fraud, assault, or theft. These records are maintained by the South African Police Service (SAPS) and can be accessed for legal, employment, or immigration purposes.

What is the lowest assault charge?

The lowest assault charge is typically simple assault, often a Class C misdemeanor or equivalent, involving minor offenses like offensive physical contact (poking, spitting) or threats, without causing significant injury, and usually resulting in fines rather than jail time, though penalties vary by jurisdiction. More serious charges, like Class A misdemeanors or felonies, involve bodily harm, intent, or aggravating factors (weapons, victims like public servants). 

How does someone prove assault?

Evidence can take many forms, including photographs of the survivor's injuries, clothing worn during the assault, text messages and voicemails from the perpetrator, social media posts or messages by the perpetrator or others, medical treatment records, and photographs of the location where the assault occurred, as well ...

Can you pass a background check with a misdemeanor assault charge?

A common question is whether your misdemeanor conviction will appear on a California background check, which might affect your ability to secure a job. The simple and quick answer is yes, all criminal convictions (misdemeanors and felonies) could appear in criminal background checks, at least for a while.