How long does a simple battery stay on your record? 44 Answers as of May 23, 2011

How long does a simple battery stay on your record?

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Any and all convictions stay on your record forever.
Answer Applies to: Alabama
Replied: 5/23/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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.
Answer Applies to: Michigan
Replied: 5/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
A criminal record does not expire and would remain on your record indefinitely.
Answer Applies to: Minnesota
Replied: 5/20/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Any criminal charge remains on your record permanently, unless you got a dismissal of the charge in court, or were granted supervision, in Illinois. If either case applies to you, you can get the record expunged. If you were convicted, by getting probation, conditional discharge or a fine or jail time, you cannot get that expunged. You may be able to get your case sealed, where no-one except law enforcement and the courts will know of its existence. Contact the Clerk of Court in the county where the case was heard for information on how to proceed with the expungement process.
Answer Applies to: Illinois
Replied: 5/19/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
It will remain on your record indefinitely unless you take action to have it expunged.
Answer Applies to: Louisiana
Replied: 5/19/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    It is indefinite. Stay well.
    Answer Applies to: Alabama
    Replied: 5/19/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Any criminal record will stay with you all your life.
    Answer Applies to: Nebraska
    Replied: 5/19/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    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.
    Answer Applies to: California
    Replied: 5/18/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Lifetime unless you have it expunged. Visit my website for more information.
    Answer Applies to: Michigan
    Replied: 5/18/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    Unless the charge has been expunged or sealed, it stays on your record forever.
    Answer Applies to: Texas
    Replied: 5/18/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    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.
    Answer Applies to: California
    Replied: 5/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If it is a Washington State conviction, the conviction will remain on your record until you petition the court to take it off. Basically, if five years have gone by since you completed probation and paid your legal financial obligations, ad you have no new convictions, you can petition the court where you were convicted and the court will vacate the guilty finding and dismiss the case. In other words, what would appear on your record would be the charge and the notation "D" which means dismissed. After that is done, no one will be able to determine that you did anything and you can answer "no" on employment applications when asked, "Have you ever been convicted of a crime?"
    Answer Applies to: Washington
    Replied: 5/18/2011
    Leone, Throwe, Teller, & Nagle
    Leone, Throwe, Teller, & Nagle | Adam J. Teller
    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.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Criminal records will remain forever. An expungement will seal the record from some inquiries but the record still remains.
    Answer Applies to: Kansas
    Replied: 5/18/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The fact of a conviction of a criminal offense remains on your "record" forever. Even if you obtain a pardon.
    Answer Applies to: California
    Replied: 5/18/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    In Texas if you have a final conviction, it will stay on your record forever.
    Answer Applies to: Texas
    Replied: 5/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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.
    Answer Applies to: Michigan
    Replied: 5/18/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 5/18/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Generally convictions stay on your record unless and until you are able to get them expunged. You need to file an application with the court to try to expunge them. you should hire an attorney.
    Answer Applies to: New York
    Replied: 5/18/2011
    Law Office of James Wirth
    Law Office of James Wirth | James M. Wirth
    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.
    Answer Applies to: Oklahoma
    Replied: 5/18/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, there is no charge of simple battery. The most comparable crime would be assault in the fourth degree. If the assault involves a child or an instance of domestic violence, the prosecution may oppose an expunction, however; assault in the fourth degree should be eligible for expunction three years after the date of conviction. If there are any other arrests or convictions on the criminal record, that may complicate or preclude an expunction. The assault will not automatically be erased off the record, the subject has to file motions with the court to request expunction.
    Answer Applies to: Oregon
    Replied: 5/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | 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.
    Answer Applies to: New York
    Replied: 5/18/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 5/18/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    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.
    Answer Applies to: New Hampshire
    Replied: 5/18/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    In Colorado all criminal matters remain on your public record until you seal them (and only certain matters can be sealed - in this case only if it was completely dismissed), and they remain available to law enforcement forever (even if sealed).
    Answer Applies to: Colorado
    Replied: 5/18/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It stays there forever. You can request it being expunged which allows you to say for the purposes of private employment that you have not been convicted. The actual record however is not actually erased from the court records or the Department of Justice records.
    Answer Applies to: California
    Replied: 5/18/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    A criminal misdemeanor conviction stays on your record forever. However, if eligible, you may able to get it set aside from public view.
    Answer Applies to: Michigan
    Replied: 5/18/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Forever, really. You need to make sure you file for a Motion to Dismiss, pursuant to Penal Code section 1203.4.
    Answer Applies to: California
    Replied: 5/18/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Any type of criminal conviction will stay on your record forever unless you get it expunged.
    Answer Applies to: Michigan
    Replied: 5/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York does not allow you to expunge or "erase" a conviction. Any conviction or arrest will stay on your NYSID computer record until the end of time, even after you are deceased. You can never have it expunged, but it can be vacated if it was improper in some way. That requires a 440.10 motion which is about $3,000-$5,000 and is rarely successful unless new evidence is discovered or there was something wrong in the original plea or trial.
    Answer Applies to: New York
    Replied: 5/17/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Forever, unless you move for an expungement after successful completion of probation.
    Answer Applies to: California
    Replied: 5/17/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Unless expunged, forever.
    Answer Applies to: California
    Replied: 5/17/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    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.
    Answer Applies to: California
    Replied: 5/17/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Conviction, forever. See my website.
    Answer Applies to: Georgia
    Replied: 5/17/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Forever. Unless it is set aside as an expungement which is for one criminal offense, ever. Contact me to discuss.
    Answer Applies to: Michigan
    Replied: 5/17/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    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.
    Answer Applies to: Oregon
    Replied: 5/17/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    In Missouri, all criminal convictions stay on "your record" forever. That is why it is important to try to get these charges amended to something less serious, or get SIS probation so that it is not a conviction.
    Answer Applies to: Missouri
    Replied: 5/17/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Indefinitely unless you have it expunged.
    Answer Applies to: California
    Replied: 5/17/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California, offenses will remain on your record unless expunged. There are limited exceptions, but battery is not one of them.
    Answer Applies to: California
    Replied: 5/17/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 5/17/2011
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