QUESTION
How long does a simple battery stay on your record?
Asked on May 14th, 2011 on Criminal Law - California
21 ANSWERS
Jacob P. Sartz
I would advise that you contact an attorney to assist you with this matter. Most attorneys provide free initial initial consultations. There may be legal steps you can do to remove a conviction from your record depending on your particular circumstances and the type of charge. Speaking in general terms, whether an offense stays on a person's record depends on whether the person was a juvenile or adult when they were charged. The answer further depends on whether they part of any sort of diversionary program. If a person was charged as a adult, if they have no other prior convictions, if it has been more than 5 years since the date of conviction, and if the type of charge qualifies, a person may be eligible to expunge one criminal offense from their record. However, unless an offense is expunged, sealed, or otherwise removed from the public record, it could be part of their history for a very long time.
Answered on May 20th, 2011 at 9:30 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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It will remain on your record indefinitely unless you take action to have it expunged.
Answered on May 19th, 2011 at 11:02 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Lifetime unless you have it expunged. Visit my website for more information.
Answered on May 18th, 2011 at 12:13 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It stays there indefinitely. Assuming you finished probation (or were never put on probation), you can seek a dismissal under Penal Code section 1203.4. It's commonly called an "expungement" but it really doesn't expunge anything - it's still on your record, just with a notation that it was dismissed. If dismissed, it allows you to tell most private employers that you have not been convicted of a crime. It helps, so if you're eligible, I'd suggest looking into filing a 1203.4 petition.
Answered on May 18th, 2011 at 12:07 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Any criminal conviction will stay on your record forever. If you want to get it off your record you can do that by petitioning the court to expunge the conviction. I hope this answer was helpful. Good luck.
Answered on May 18th, 2011 at 11:43 AM
Probate Attorney serving East Hartford, CT
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Leone, Throwe, Teller & Nagle
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Connecticut criminal statutes do not include a crime called "simple battery," although they do include various assault crimes including assault in the third degree, a misdemeanor offense which is probably closest to that description. In general, an adult criminal conviction in Connecticut remains on one's record for life unless it is the subject of action by the Board of Pardons and Paroles (expungement or provisional pardon). Convictions as a juvenile or as a "youthful offender" (currently applicable to 17-year olds but formerly to anyone over 16 and under 18), may be sealed or erased under various circumstances. You should consult an attorney regarding which situation applies to you and what the remedy may be.
Answered on May 18th, 2011 at 11:13 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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An A&B will always be on your record. The only way to get rid of it is to ask for an expungement after 5 years, and this has to be the only misdemeanor or felony on your record. I hope this was helpful.
Answered on May 18th, 2011 at 11:08 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Forever. Thats what record means. However, many convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on May 18th, 2011 at 11:03 AM
1 Award
In Oklahoma, if you have a conviction for simple battery it will stay on your record indefinitely, unless you are eligible for and file for an expungement. If you do not have any other convictions, you will be eligible for an expungment after 10 years passes from when the conviction was entered.
Answered on May 18th, 2011 at 10:18 AM
Theodore W. Robinson
If it's in NY, forever, and it's not just a simple battery, it's an assault, whether it is a Assault 3rd, 2nd or 1st, it's still an Assault which are criminal charges. Of course, if you were a minor when it happened or received Youthful Offender status, then the charge may not be on your record at all. Good luck.
Answered on May 18th, 2011 at 10:11 AM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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A criminal record remains forever unless some action is taken to expunge the record. If more than 5 years have passed and there is only one conviction, you may be eligible to petition the court for expungement.
Answered on May 18th, 2011 at 10:09 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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A conviction will stay on record forever unless you seek an annulment. Annulments are permitted 3 years after a misdemeanor charge is completed. The annulment statute is RSA 651:5. The process to annul your record is fairly straightforward. If you have any questions you can contact a criminal defense lawyer who can assist in the process.
Answered on May 18th, 2011 at 9:57 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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Forever, really. You need to make sure you file for a Motion to Dismiss, pursuant to Penal Code section 1203.4.
Answered on May 18th, 2011 at 9:16 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Any type of criminal conviction will stay on your record forever unless you get it expunged.
Answered on May 17th, 2011 at 11:19 AM
If you are over 18 it will stay on your record forever. I would suggest looking into an expungement. It will not eliminate the arrest record but it will show that the case was dismissed.
Answered on May 17th, 2011 at 11:03 AM
Unless expunged, forever.
Answered on May 17th, 2011 at 11:03 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Forever. Unless it is set aside as an expungement which is for one criminal offense, ever. Contact me to discuss.
Answered on May 17th, 2011 at 10:12 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.
Answered on May 17th, 2011 at 9:58 AM
Geoffrey MacLaren Yaryan
Indefinitely unless you have it expunged.
Answered on May 17th, 2011 at 9:58 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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In California, offenses will remain on your record unless expunged. There are limited exceptions, but battery is not one of them.
Answered on May 17th, 2011 at 9:58 AM
Forever unless you have it expunged. Once you have successfully completed probation and have no new case(s) pending you become eligible. Contact an attorney for more info regarding the filing of the petition.
Answered on May 17th, 2011 at 9:57 AM