How Long Does an Assault Charge Stay on Your Record?
Assault charges can have a significant impact on an individual’s life, affecting not only their personal relationships but also their professional and educational pursuits. A conviction for assault can result in severe penalties, including fines, imprisonment, and a criminal record. One of the most common questions asked by individuals facing an assault charge is: how long does an assault charge stay on your record?
How Long Does an Assault Charge Stay on Your Record?
The duration an assault charge stays on your record varies depending on the jurisdiction and the specific circumstances of the case. In general, a felony assault conviction can remain on your record for at least 7-10 years, while a misdemeanor assault conviction can remain for 5-7 years.
Types of Assault Charges
There are various types of assault charges, including:
- Misdemeanor assault: A misdemeanor assault charge is typically punishable by up to 1 year in jail and a fine.
- Felony assault: A felony assault charge is typically punishable by more than 1 year in jail and a fine.
- Aggravated assault: Aggravated assault is a more serious form of assault that involves causing serious bodily harm or the use of a deadly weapon.
- Domestic assault: Domestic assault occurs when the assault involves a current or former romantic partner, spouse, or family member.
How Long Do Assault Charges Stay on Your Record in Different States?
The duration an assault charge stays on your record varies by state. Here is a breakdown of how long assault charges stay on your record in different states:
| State | Misdemeanor Assault | Felony Assault |
|---|---|---|
| California | 7-10 years | 10-15 years |
| Florida | 5-7 years | 10-15 years |
| New York | 5-7 years | 10-15 years |
| Texas | 5-7 years | 10-15 years |
| Ohio | 5-7 years | 10-15 years |
Will a Nolle Prosequi or Dismissal Erase the Charge?
A nolle prosequi is a legal term that means "no prosecution" and occurs when the prosecution decides to drop the charges. If the charges are dismissed or a nolle prosequi is entered, it may not necessarily erase the charge from your record.
- Misdemeanor assault: In most states, a misdemeanor assault charge that is dismissed or nolle prosequi will remain on your record for at least 5-7 years.
- Felony assault: A felony assault charge that is dismissed or nolle prosequi will remain on your record for at least 10-15 years.
How Can You Remove an Assault Charge from Your Record?
There are several ways to remove an assault charge from your record, including:
- Expungement: Expungement is the process of sealing or destroying your criminal record, making it inaccessible to the public. Not all states allow expungement, and the process can be complex and time-consuming.
- Pardons: A pardon is a formal forgiveness of a criminal offense, which can allow you to have your record sealed or expunged.
- Sealing: Sealing a record means that the record is not publicly accessible, but it is still maintained by the court.
When Can You Apply for an Expungement?
The timing of when you can apply for an expungement varies by state and the specific circumstances of your case. In general, you can apply for an expungement after:
- 5-7 years for misdemeanor assault charges
- 10-15 years for felony assault charges
Conclusion
An assault charge can have a lasting impact on your life, affecting your personal and professional relationships. Understanding how long an assault charge stays on your record is crucial for individuals facing these charges. While the duration an assault charge stays on your record varies by state and type of charge, it is generally at least 5-10 years. By understanding the specific laws and regulations in your state, you can better navigate the legal process and work towards removing the charge from your record.
