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.

For further information about your employment rights, contact Project SURVIVE.


This Fact Sheet is intended to provide accurate, general information regarding legal rights relating to employment in California. Yet because laws and legal procedures are subject to frequent change and differing interpretations, the Legal Aid Society–Employment Law Center cannot ensure the information in this Fact Sheet is current nor be responsible for any use to which it is put. Do not rely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.