How an Assault Conviction Can Affect Your Job, Housing, and Future

An assault conviction can have serious consequences beyond fines or jail time. A criminal record can follow you for years, impacting employment opportunities, housing options, and even long-term life goals.

The Type of Assault Can Influence the Effects on Your Life

Arizona law classifies assault into different categories based on the severity of the act, the level of harm caused, and whether a weapon was involved. The difference between misdemeanor and felony assault often comes down to intent, injuries inflicted, and whether certain aggravating factors are present.

Some employers, property owners, or housing programs might enforce zero-tolerance policies regarding people with violent crime convictions. Others vary their approach depending on the type of conviction or the specific circumstances of the case.

Misdemeanor Assault (ARS 13-1203)

People in Phoenix may be charged with misdemeanor assault if they:

• Intentionally or knowingly cause physical injury to another person
• Intentionally place someone in reasonable fear of immediate physical harm
• Knowingly touch another person with intent to injure, provoke, or insult

For example, shoving someone during an argument or making a credible threat of violence without actually making physical contact could qualify as misdemeanor assault.

These offenses are typically charged as a Class 1, 2, or 3 misdemeanor, with Class 1 being the most serious.

Aggravated Assault (ARS 13-1204)

Aggravated assault, a felony charge, may be brought in situations where a person:

• Causes serious physical injury to another person
• Uses a deadly weapon (e.g., a gun, knife, or even a car used as a weapon)
• Commits assault against certain protected individuals, such as police officers, firefighters, or healthcare workers
• Restrains or prevents the victim from leaving
• Commits assault while the victim is physically restrained or incapacitated

For instance, punching someone in a bar fight may be a misdemeanor, but if the victim suffers a broken nose or concussion, it could be elevated to felony aggravated assault.

The penalties for aggravated assault are significantly more severe than misdemeanor assault, with felony charges ranging from Class 6 (least severe) to Class 2 (most severe) felonies. Convictions can result in years of prison time, especially if a deadly weapon was involved.

Employment Consequences

Many employers conduct background checks before hiring, and an assault conviction can raise red flags. How those checks affect a person’s job prospects depends on the company’s policies. Some may only consider felonies when making hiring decisions, while others might flag certain types of misdemeanors and felonies.

Some background check services do allow businesses to filter results, like only flagging felonies, ignoring convictions that are more than seven years old, or excluding violent offenses.

There’s a stigma attached to violent crimes that isn’t present with property crimes or other infractions like DUIs.

Government jobs, law enforcement, healthcare, and positions requiring a fingerprint clearance card (such as teaching or working with vulnerable populations) may automatically disqualify applicants with an assault conviction—especially a felony.

Although you might not lose out on every available job opportunity, it’s still preferable not to have any kind of conviction on your record. Arizonans who do have a felony or misdemeanor conviction can potentially have them set aside or sealed, depending on their circumstances.

Housing and Rental Challenges

Corporate-owned and professionally managed properties, like large apartment complexes, often conduct background checks before renting to individuals. Some of these companies have strict policies against renting to individuals who have recent violent crime, sex crime, drug, or felony convictions.

Private landlords or small rental owners are less likely to perform criminal background checks and may only check credit and rental histories.

Government-assisted housing programs are not necessarily more accommodating. Many have stricter rules than private landlords, with HUD barring individuals with certain convictions from any public housing options.

How a property owner or landlord treats assault convictions does vary. Some may look past an assault conviction if it was many years in the past, while others might enforce a zero-tolerance approach.

Gun Rights and Civil Liberties

In Arizona, a felony assault conviction results in the automatic loss of gun rights. Whether those rights are restored once a person completes their sentence, probation, and pays all victim restitution depends on the situation.

People with multiple felony convictions may need to apply to the superior court to have their civil rights restored. People convicted of dangerous offenses may face a permanent prohibition on firearm ownership.

A misdemeanor assault conviction does not typically impact gun ownership unless the charge involves domestic violence, which triggers additional restrictions under federal law.

Setting Aside Versus Sealing

A conviction that is set aside (ARS 13-905) will remain on an individual’s criminal record but be marked as “set aside,” which indicates the person has fulfilled all court-imposed conditions. This notation tells employers the conviction is something that’s behind you, although you may still be asked to explain what happened.

Since 2023, Arizonans have been able to apply to have their criminal records sealed (ARS 13-911). This means it will be hidden from public access, including standard background checks. People who are charged or convicted for a crime but have their records sealed can legally state on employment, housing, and financial aid applications that they have never been arrested for, charged with, or convicted of a crime.

However, there are some entities that have the ability to access sealed records. These include background checks performed by:

• Law enforcement agencies
• Prosecutors
• Probation departments
• Courts
• Child safety and welfare agencies

Overcoming the Barriers Thrown Up by an Assault Conviction in Phoenix

There are two ways to avoid or mitigate the negative effects of a misdemeanor or felony assault conviction. The first is to fight the charges, win, and avoid a conviction. An experienced criminal defense attorney can advocate on a defendant’s behalf and attempt to get charges dismissed or win an acquittal. They may also be able to negotiate a plea where the severity of charges, and the consequences, are reduced.

The second option is having criminal records set aside or sealed so a past assault conviction doesn’t interfere with your life in most circumstances, whether that’s getting a job, professional licensing, or housing. Arizona Board Certified Criminal Defense Attorney Michael Alarid III is ready to fight for your rights. Call (602) 818-3110 for a free case evaluation.