Skip to main content

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

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. Best answer

    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. 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 knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com


  3. 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 my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.


  4. 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.


  5. 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. Call today if you would like a free initial consultation.


  6. 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 IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. 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. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics