If you’re like many people facing a domestic battery charge in Illinois, you’re wondering if you can later have it removed from your criminal record. Here’s what you need to know.
Can You Get a Domestic Battery Charge Off Your Record in Illinois?
In Illinois, you’re allowed to ask the court to remove some things from your criminal record – or at least to hide them from public view. There are two ways to go about keeping your record to yourself: expungement and sealing. Expungement completely erases your criminal record, while sealing simply hides some or all of it so that most people won’t find it during a criminal background check.
But when it comes to domestic battery, things get complicated.
You cannot expunge or seal a domestic battery conviction. That means once a conviction for domestic battery or aggravated domestic battery is on your record, it’s there to stay. Your only recourse is to get a pardon – but statistically, you’re very unlikely to get one.
However, charges that never lead to a conviction can be expunged or sealed. That means if the state formally charges you with domestic battery or aggravated domestic battery, but the judge in your case finds you not guilty or dismisses your case, you can clear the charges and arrest from your record.
Can a Lawyer Help You Get Your Case Dismissed?
In some cases, attorneys are able to negotiate with prosecutors and get cases dismissed. However, there’s no way to predict what will work – and everything operates on a case-by-case basis.
Can a Lawyer Help You Be Found “Not Guilty” of Domestic Battery?
There are several defenses an attorney may be able to use when a client is accused of domestic battery. Again, there’s never a way to predict how a judge will rule – and no lawyer can guarantee you specific results.
However, you do have the right to legal counsel. That means no matter what you’re accused of doing, you have a guaranteed right to talk to an attorney about your case. You have the right to get legal advice from a lawyer, and you have the right to have a lawyer represent you in court.
Do You Need to Talk to a Lawyer About Avoiding a Domestic Battery Conviction?
For many people who have been accused of domestic battery, the best thing to do is to call an attorney for advice. We’re here around the clock to help you, so call us at 847-920-4540. We’ll be happy to give you a free consultation and help you get the best possible outcome in your case.