When a company does a criminal background check, would a misdemeanor battery charge be on there if its not a felony charge?

Asked about 2 years ago - Fort Myers, FL

My daughter is having a hard time getting into an apartment because of something that happened 6yrs ago. I'm wondering if having it expundged would be beneficial for her?

Attorney answers (6)

  1. Ricardo Rivera

    Contributor Level 9

    6

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . When someone is arrested, or faces criminal charges, that fact is reflectd on his/her record. Any background check can reveal both misdemeanor and felony charges. The best thing to do after a case has been resolved is to have that record sealed or expunged, if eligible. Our firm would be glad to give your or your daughter a free consultation as to whether your daughter's record can be sealed or expunged. Feel free to give us a call at 727-443-1562. Rick Rivera.

  2. Craig A. Epifanio

    Contributor Level 18

    6

    Lawyers agree

    1

    Answered . Yes it will show. Even criminal traffic charges will show on most criminal background checks. If she got adjudication withheld, getting her charge sealed would be most beneficial. However, there may be follow up required with some of the private background companies. Two caveats: First, if this was a domestic battery, even if a misdemeanor, she would not be eligible to get this sealed. Second, understand that unless the charge was completely dismissed, she would not be eligible for expungement, but would be eligible to get a simple battery charge sealed. After 10 years of it being sealed, then she could move for expungement.

  3. Joseph Cerino

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . A background check will usually catch a misdemeanor. An expungement would be beneficial. Contact a local criminal defense attorney for an initial consultation. Only some records are eligible foe sealing and/or expungement.

    The answer to any question is for general purposes only and does not establish an attorney/client relationship.... more
  4. David S Katz

    Pro

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . If adjudication was withheld she will be able to have most crimes expunged. If background checks are hurting her, this is a good idea.

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney... more
  5. William David Umansky

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The battery charge would more than likely show up on almost all background checks. Employers and businesses including landowners are hesitant to rent or do business or hire people with charges involving violence because I liability issues. He should look into getting her record expunged.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  6. Charles K. Kenyon Jr.

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes. If it can be expunged this will make a difference in her life.

    Any criminal conviction involving dishonesty or violence makes someone think twice about associating with them or employing them.

    After time it can become less of a problem.
    You are lucky that you are in a state that allows this, many do not.



    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

    Thank you.

    --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
    http://addbalance.com

    --- Facebook Page
    http://www.facebook.com/CriminalDefenseMadTown

    --- Talking to the Police - Advice from Lawyers and Police
    http://addbalance.com/police.htm

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm


    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    Click on the “more” link below for more information.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,887 answers this week

3,320 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,887 answers this week

3,320 attorneys answering