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

Asked over 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?

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  1. 6

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    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. 6

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    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. 5

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    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. 4

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    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.

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  5. 4

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    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.

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  6. 4

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    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.

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Related Topics

Crime classifications

The two main classifications of crime are felony and misdemeanor. The classification of the crime effects the punishment, and it is determined by its severity.

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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