Does An AVO Show Up On A Background Check: The Impact of an AVO on Your Record and Employment
Does an AVO show up on a background check?
The answer is no. AVOs typically do not appear on criminal background checks because they are not criminal convictions.
Nevertheless, suppose criminal charges, such as assault or harassment, accompanied the AVOs. In that case, those charges abend any convictions that resulted from them would likely appear on a criminal background check.
AVOs do not appear on standard criminal background checks because they are not convictions.
However, police checks and employment screenings involving work with minors, vulnerable populations, and law enforcement may disclose the information.
Is AVO Part of Disclosable Court Outcomes (DCOs)?
No, AVOs are not included in the Disclosable Court Outcomes. AVOs will only be part of your criminal history but not your criminal record.
Breaching or contravening an AVO, however, is a criminal offence. Once a defendant violates the AVO, it will be then be part of their criminal record.
When you request a police record check, there are two possible outcomes for your certificate:
- Disclosable Court Outcomes (DCOs)
- No Disclosable Court Outcomes (NDCOs)
When your police check reveals Disclosable Court Outcomes (DCOs), it indicates that the state's laws permit releasing information regarding your convictions.
All convictions, pending charges, and court-ordered convictions for criminal offences will appear on a police check certificate. The (DCO) is a recorded history of a person's Police and Criminal records.
The following categories of DCOs appear on police checks:
- Sexually related crimes
- Court-issued convictions for traffic offences
- All Sentences and Convictions
- Court-pending offences and infractions
- Grave assault-related crimes
Applicants whose police checks return with NDCOs have completed a Nationally Coordinated Criminal History Check. It indicates that the individual has no Police/conviction history considered "serious" or "releasable" or no convictions at all.
Does An AVO Show Up On A Background Check, and Can It Affect My Police Checks for Employment?
Yes, depending on the nature of the job and the employer's specific requirements, AVOs may impact employment-related criminal background investigations.
Police checks are more thorough than standard criminal history checks, and they may include non-conviction information, such as AVOs, to assess a candidate's suitability for a specific position.
An AVO may be disclosed as part of a background check if you are applying for a job that requires a police check, particularly for positions involving working with children, vulnerable populations, or sensitive fields such as law enforcement.
Employers may consider this information when making hiring decisions, mainly if the AVO is pertinent to the position's duties or the safety of others.
Can I Work With Child-Related Jobs If I Have an AVO?
Does an AVO show up on a background check for child-related job employment?
Whether you can work in professions involving children if you have an AVO depends on the circumstances surrounding the AVO and the jurisdiction in which you seek employment.
An AVO does not inherently disqualify you from working with children but may raise red flags during the required background or police checks.
Consider the following factors when applying for child-related employment with an AVO:
Nature of the AVO: The AVO and its connection to child safety may affect your eligibility for child-related employment. Employers may raise red flags if the AVO involves domestic violence, harassment, or injury to a child or other vulnerable person.
Background Checks: Typically, jobs that involve working with minors require thorough background checks, which may include the disclosure of an AVO. Employers may consider the AVO when evaluating your suitability for a position, particularly if it relates to the safety of minors.
Working with Children Check: Certain jurisdictions mandate working with children check or clearance for individuals in child-related positions. Depending on the jurisdiction's regulations and requirements, this check may include an AVO as part of the evaluation procedure.
Does An AVO Show Up On A Background Check, and Can I Apply for Law Enforcement Jobs If I Have an AVO?
Does an AVO show up on a background check, and will it affect people seeking law enforcement jobs?
A defendant may be affected by an AVO if they possess or wish to obtain a security licence. If the license is a Class 1F or P1F (which authorizes the bearer to carry a firearm), the holder may not be able to work because their firearms license has been suspended or revoked.
If an AVO is issued against the defendant and the Commissioner of Police believes that the defendant is not a "fit and proper person" to possess a security licence, a security licence may be revoked, or an application for a security licence may be denied.
Suppose a defendant violates an AVO and is found guilty of that violation. In that case, their security licence may be revoked, or a security licence application may be denied, especially if the offence involves assault, stalking, or intimidation.
Conclusion
Whether an AVO (Apprehended Violence Order) shows up on a background check depends on the type of check being conducted and the jurisdiction in which the AVO was issued.
In most cases, an AVO does not appear on a standard criminal history check as it is not a criminal conviction.
However, police checks and checks for positions involving work with children, vulnerable populations, and law enforcement may disclose the information.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
