Can a Battery Charge Be Expunged in Illinois?

Any criminal charge or arrest can seriously affect your future prospects in life or work. Battery, even as a first-time offense, is a serious charge with a maximum sentence of a year in jail and a fine of up to $2,500. If you’ve been charged with battery, you may be wondering if this will define you for the rest of your life. Can it be removed from your record?

What is battery?

Battery occurs when there is bodily harm to another individual. However, other instances of battery can include insulting or provoking contact with another person by any means. The charge of battery is very common among fights of two or more people. Once an officer arrives on scene, after hearing both sides, they can decide who to arrest at their own discretion.

 

If you’ve been arrested or charged with the crime of battery, you may find yourself worried about your future. Will the charge be on your record? Will it stay there forever? Charges, convictions, and arrests can affect job, education, and business opportunities—but can a battery charge be expunged from your criminal record?

 

In the state of Illinois, battery charges may be eligible for expungement, but there are conditions that must be met:

 
  • The conviction must have occurred more than 5 years ago

  • You must have been sentenced to court supervision

  • You have no other convictions on your record

 

How does expungement work?

Expungement will wipe your criminal record clean of arrest, charges, and convictions as if they never existed to begin with. If you were arrested on suspicion of battery or if no formal charges were filed, your record can be expunged more easily. However, not all crimes are eligible for expungement, so speaking with your attorney is always a good idea.

 

Sometimes expungement can be as simple as filing a form, but if the police department or prosecutor from your arrest objects to your record being expunged, you may have to appear before a judge to present your case.

 

Illinois law can be a very confusing and complex area to navigate, especially without an experienced criminal defense attorney. A lawyer can work with you through the nuances and details of your case to help you get your record expunged and defend you if you need to resent your case to a judge.
 


For help, questions, or more information about expunging your battery charges, call our experienced criminal defense law firm at (888) 473-4058 for a no-fee consultation.
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