If you are convicted of domestic battery or aggravated domestic battery, it will appear on your criminal record for the rest of your life. However, if you are charged with any of these felonies and your charges are never proven, you can petition the court to have them expunged or sealed. The charge would be removed from your record if the court is satisfied that there was not enough evidence to prove your guilt beyond a reasonable doubt.
In addition, if you are found not guilty or your charges are dismissed, the incident will also be removed from your record. However, if you enter a plea agreement or take a dismissal without prejudice, this does not mean that you are not at risk of being charged again with another felony offense. Therefore, even though it may appear that your record has been cleared, it is important to know that in some states, like Florida, domestic violence offenses are considered "crime-related" offenses and may therefore be grounds for denial of housing, employment, or other benefits.
Finally, if you are found not responsible by reason of insanity or mental defect, this will also be noted on your record. You will still need to comply with any terms of supervision imposed as part of your sentence. If you are ordered into counseling or treatment programs, these would be required sessions to satisfy your supervision requirements.
However, having an arrest record is actually good news if you want to become a police officer.
Unless you take steps to delete it, it will remain on your record in perpetuity. To qualify, you must have at least three years from the date of conviction. Because the legislation is a pain, if you have any previous criminal convictions, it may complicate or prohibit you from having the issue erased.
In some cases, people can apply to have their records cleared through a third party, such as a clearing house or justice system agency. There are several reasons why this might be necessary or desirable. For example, if you want to apply for certain jobs, or if you want to be able to own a gun, it might affect your ability to do so. In these cases, you would need to discuss potential options with employers and/or agencies before making an application.
People also apply to have their records cleared under special circumstances, such as when they change their names or when they get married. Again, you should only do things like this if it's appropriate for your situation.
Records of judgments against you including orders of restitution, fines, and civil penalties also may not disappear even after many years have passed. These types of records usually remain on file for at least 10 years after entry of the judgment.
If you have any questions about how long a battery charge stays on your record, please don't hesitate to contact us.
(See Section 12 of the Illinois Domestic Battery Laws.) How much time may I serve if I was convicted of domestic battery? Domestic Battery is a Class A misdemeanor punishable by up to a year in prison and a fine of up to $2,500. However, no sentence will be served unless you receive probation or conditional discharge. If you are placed on probation, the court can require you to attend anger management classes, perform community service, pay fines, reimburse government costs, and more.
In addition, your criminal record will show that you were found guilty of a felony-level offense. This fact may affect your ability to obtain certain jobs. For example, employers may rule you out of work if they find out that you have been convicted of a crime. Even if you are not denied employment because of this factor, it still may be difficult for you to find work if there are other things on your record such as arrests or convictions. It is best to look for work within 20 miles of where you live, so you do not have to travel too far to make an appointment with a prospective employer.
If you receive probation instead of jail time, then you will be required to follow its terms for any period ranging from one year up to five years. If you violate any of these conditions, you may have to serve the full length of your probation regardless of how long it originally was set for.