Will domestic battery stay on your record forever, or is there something you can do to erase it? This guide explains.
When it comes to criminal records, you need to know that the moment you’re arrested, you have one. That means your arrest goes on your record. Then, when you’re formally charged with a crime, the charges go on your record. Finally, when you go to court to resolve the charges, the outcome of your case goes on your criminal record.
That means there are three parts to every domestic battery case, and they all end up on your criminal record: The arrest, the charges and the outcome of your case.
If you’re not convicted of domestic battery, you get to erase everything. That means your arrest, the formal charges and the outcome of your trial all disappear (if you take the appropriate steps to erase them, that is – and your lawyer can help you with that).
However, if you are convicted, there’s nothing you can do to remove domestic battery from your criminal record. That type of conviction has to remain on your record, and it’s not eligible for expungement or sealing.
The bottom line: Arrests and charges that never led to a conviction can come off your record. A conviction for domestic battery cannot come off your record.
Can You Avoid a Domestic Battery Conviction?
It is possible to avoid a domestic battery conviction. There are a few scenarios in which this can happen if a person has already been charged with domestic battery:
- If your attorney can talk to the prosecutor and get the prosecutor to drop the charges against you, you can’t be convicted.
- If the judge dismisses your case, you won’t be convicted.
- If you’re found not guilty, you won’t have a conviction on your record.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.