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How Can a Violent Crime Charge Affect Future Employment?

Wiberg Law Office, PLLC
Person with handcuffs being interviewed in interrogation room

A violent crime charge can shape a person’s life in several ways, but one of the most enduring impacts often appears in employment prospects. Employers, especially in states like New Hampshire, typically conduct background checks that can reveal a criminal record. 

While not all charges lead to conviction, the presence of a violent crime charge alone can raise concerns for prospective employers. For individuals in New Hampshire who are either facing a violent crime charge or have been convicted, the question of how it will influence their future employment remains critical.

At the Wiberg Law Office, PLLC, an experienced and reputable criminal defense attorney is ready to help clients in Portsmouth, New Hampshire, and the surrounding areas stay afloat during this tricky time. 

The Influence of a Violent Crime Charge on Background Checks

In New Hampshire, most employers run criminal background checks before making a final hiring decision. These checks often include information from the New Hampshire Department of Safety as well as national databases. A violent crime charge, even without a conviction, can appear during this screening process.

Employers in New Hampshire aren’t legally required to hire applicants with a criminal history. While some companies may assess applications on a case-by-case basis, many prefer to avoid the perceived risk. A charge involving violence, such as assault, robbery, or homicide, may signal a potential liability, whether or not it led to a conviction.

The background check process is especially influential in sectors where public safety, financial trust, or client interaction are key components. In these settings, any history of violence can result in immediate disqualification. This includes schools, healthcare facilities, banks, and government jobs.

Employment Laws in New Hampshire and Criminal History

New Hampshire doesn’t have laws that prohibit private employers from asking about criminal history during the hiring process. It’s not a "ban-the-box" state for private employment. This means job applications may legally include questions about past charges or convictions, including violent offenses. Applicants are required to answer truthfully if asked.

While public employers in some states have restrictions around when they can consider criminal records, in New Hampshire, even public employers can ask about criminal history early in the hiring process. As a result, applicants with violent crime charges may face rejection even before an interview is offered.

Those with a background in criminal defense often recommend consulting an attorney when applying for employment after a charge. Legal counsel may assist in explaining the status of a charge or the details of a case to potential employers when appropriate.

Industry-Specific Barriers

The impact of a violent crime charge is more severe in certain industries than others. In New Hampshire, several sectors maintain stringent standards for background screening. Industries where a violent crime charge can severely affect employment:

  • Education: Schools and childcare centers are required to conduct comprehensive background checks. A violent charge will almost always lead to disqualification, regardless of the circumstances.

  • Healthcare: Hospitals, clinics, and eldercare facilities require employees to pass checks that typically exclude individuals with a history of violence.

  • Finance: Banks and credit institutions often disqualify applicants with any criminal record, particularly those that include aggression or theft.

  • Government jobs: Positions involving public service or security frequently disqualify candidates with a violent criminal history.

  • Transportation: Commercial driver roles often involve federal background checks, which take violent crime charges into account.

In contrast, some jobs in construction, manufacturing, or self-employment might offer more flexibility. However, even in these fields, employers may be hesitant to hire someone with a charge that implies risk to coworkers or clients.

Criminal Defense in Employment Outcomes

Criminal defense representation can significantly influence how a violent crime charge affects employment. The approach taken by a defense attorney may lead to the reduction or dismissal of charges. In some cases, charges can be resolved through plea agreements that avoid formal convictions for violent crimes.

In New Hampshire, criminal defense attorneys may also assist with record annulment, which can improve employment options. Annulment is the process by which a charge or conviction is removed from the public record.

This process isn’t automatic and often requires legal intervention. A successful annulment can allow applicants to answer “no” when asked about prior charges in most employment situations.

Even when annulment isn’t possible, criminal defense lawyers often help clients prepare written explanations or references that may accompany job applications. These materials can offer context and help mitigate concerns an employer may have.

The Impact on Licensing and Certification

Many professions in New Hampshire require state-issued licenses or certifications. These include fields like nursing, real estate, law enforcement, and public safety. Licensing boards often perform detailed background checks and retain discretion in deciding whether to approve or deny licenses based on criminal history.

A violent crime charge may be considered grounds for denial or revocation of a license. Applicants in these cases must usually appear before a review board to explain the circumstances. Representation by a criminal defense attorney can be critical during such proceedings.

Even if employment is available in a given field, a violent charge may bar access to required credentials. As such, criminal defense strategies that focus on minimizing charges before they reach the stage of conviction can be vital.

Reputation and Community Standing

In smaller communities across New Hampshire, a violent crime charge can also have social and reputational effects. Word-of-mouth often influences hiring decisions in small businesses or local organizations. A charge reported in local news may linger in public memory even after it has been legally resolved.

This dynamic makes re-entering the workforce difficult, particularly for roles involving interpersonal trust or public presence. Community-based employers may be reluctant to bring on someone whose criminal charge has drawn attention, regardless of legal outcomes.

Criminal defense attorneys sometimes work not only within the courts but also in helping individuals manage public fallout. While not part of the formal legal process, reputation management can have a long-lasting effect on employment.

Long-Term Career Limitations

Even after years have passed, a violent crime charge can still appear during employment screenings. Background check services frequently access old records unless they have been annulled. As a result, career advancement may be limited even for those who have held positions for years.

Middle and senior-level roles often include background reviews when responsibilities increase. A person promoted to a supervisory position might be re-screened, potentially uncovering charges that weren’t addressed during initial hiring. This can lead to termination or demotion.

Individuals who pursue further education to shift career paths might face rejection at the application stage when background checks are part of college admissions or financial aid assessments. In these scenarios, prior consultation with a criminal defense attorney about annulment options can help improve access.

Strategies for Employment After a Violent Crime Charge

Despite the barriers, there are strategies that can improve the likelihood of employment after facing a violent crime charge in New Hampshire. Possible approaches include:

  • Seeking annulment of charges when eligible

  • Working with criminal defense counsel to resolve pending charges favorably

  • Gathering professional references from past employers or supervisors

  • Applying to industries that place less emphasis on background checks

  • Being prepared to explain the situation during interviews with supporting documentation

  • Pursuing education or training that demonstrates a commitment to rehabilitation

  • Considering self-employment or contract work where feasible

Each of these strategies carries its own challenges, but they offer avenues for individuals who want to rebuild their employment profile after facing a criminal charge. A violent crime charge can have far-reaching consequences for employment in New Hampshire. 

From automatic disqualification during background checks to long-term career stagnation, the effects can persist well beyond the legal process. While some sectors may offer limited opportunities, others impose strict requirements that restrict access entirely. Criminal defense plays a significant role in shaping employment outcomes. 

Through negotiation, annulment efforts, or sentencing alternatives, legal representation can reduce the impact of a charge on a person's future. In a state like New Hampshire, where employers have broad discretion in screening applicants, these legal steps can mean the difference between ongoing unemployment and a fresh start.

Connect With an Experienced Attorney Today

Ultimately, those facing violent crime charges should approach the situation with long-term consequences in mind. Addressing the charge early with the support of a knowledgeable criminal defense attorney can open pathways that might otherwise remain closed. Serving Portsmouth, New Hampshire, and the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester, Sven Wiber is here to help. Call the Wiberg Law Office, PLLC, today to schedule a consultation.