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How Do I Seal My Arrest Record for Battery?

Under California law, “battery is any willful and unlawful use of force or violence upon the person of another.” However, people who have been convicted of battery can possibly have their arrest record sealed so that no one can see the charge. In this blog, we explain how you can seal your arrest record for battery in the state of California.

What Type of Crime Is Battery Considered?

In California today, a battery crime is normally treated as a misdemeanor. The maximum punishment is up to 6 months in county jail and up to a fine of $2,000, or both fine and imprisonment. It does not matter if there was no injury involved in your battery case. A battery is the unlawful touching of another person, regardless of whether the person suffers injury because you touched them.

There are many different defenses a skilled attorney might use to defend against battery charges, including:

  • Arguing the person’s actions were in self-defense
  • Arguing the person’s actions were not of their own will
  • Arguing the person was acting within their right to reasonably discipline a child

Police officers are allowed to lawfully arrest a person if the act of battery was committed in their presence. If the battery did not occur in the presence of a uniformed officer, then a citizen can make an arrest of the offender. In this situation, law enforcement would interview the person that called in the complaint and would discuss the situation with both parties, but would also make no arrest unless the citizen making the arrest chooses to press charges. When an alleged battery incident was not committed in the presence of an officer, it would be up to the citizen, or nearby citizens, to decide if they want to make a citizen’s arrest for a misdemeanor crime like battery.

We Represent Clients Accused of Battery

As a criminal defense attorneys with more than 35 years of experience, our office has represented many clients in Dublin who have been accused of battery. When a person is arrested for battery, they are usually booked (i.e. fingerprinted and photographed) at the jail. This arrest for battery will remain on their record with them forever unless they have the arrest sealed by the court.

If a person is arrested but never convicted of battery, they have the right to have their arrest record sealed. Arrest records can generally be sealed when:

  • No criminal charge was ever filed
  • The accused was offered, and successfully completed, a deferred entry of judgment
  • The charge has been dismissed before trial for another reason
  • A verdict of not guilty was reached by the jury in a criminal trial

The statute of limitations for battery in California can be up to one year, depending on the circumstances of the case. As of now, there is no time limit to bring an action requesting sealing of your arrest records for battery.

Talk to an Experienced Dublin Criminal Defense Lawyer Today

If you or someone you know has been arrested in California for battery, or a different crime, and the statute of limitations have expired without charges ever being filed, or you were not convicted for any other reason, contact our office immediately to discuss sealing of your arrest record. Our team of attorneys are prepared to fight for your rights and restore your reputation.

Contact our Dublin criminal defense lawyers to schedule your free case evaluation to learn all about your rights and legal options.