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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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I just red a woman with a 784.03-1a1, battery, touch or

Customer Question

I just hired a woman with a 784.03-1a1, battery, touch or strike without knowing it. She is a professional psychologist and when I google her I see a mug shot for the arrest. The 784.03-1a1 is underneath the mugshot. Does this mean she was definitely CONVICTED and it is unusual to see a WOMAN with this type of arrest. Is this offense impossible to get expunged? Is this a reason to rescind the offer? We have not gone very far with her yet so I could rescind if I wanted.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question. I understand your concern in employing an individual who may have previously been convicted of a felony.

Now, regarding your question of does that mean if she was definitely convicted, is this because of paragraph (2) of the statute which refers to individuals with prior convictions?

Customer: replied 1 year ago.
I did a background check and it shows a case with a number 14013654MM10A and the charge with Solicit to commit battery and was classified as a misdemeanor. Does this mean that she was definitely convicted of this crime or could it just be an arrest? Second, is this a reason not to hire someone in your opinion. When you google her name her arrest mugshot appears right away. I want to get your opinion if this type of charge is always indicative of a serious act of violence, especially when charged to a woman? On you question, she must not have priors because it was not listed as a felony.
Customer: replied 1 year ago.
I can also give you more information if it's needed, but I really have not gone very far with this new hire and want to know if this could come back to bite me later. For example, if someone googles her they will find this information like I did. I know this is a judgment call, but I'd like your legal perspective on the level of severity of this crime and is this is something that should disqualify a candidate at this early stage.
Expert:  Legal-Kal replied 1 year ago.

Thank you for that information.

It is very common (and unfortunate) when individuals who are arrested end up in police blotters in the newspaper and online. This is because the police blotters are made up of individuals who peruse publicly available police reports and obtain their information solely from those reports and is compiled based on arrests only (and not actual convictions). Hundreds of people are arrested each day (and end up in a blotter) only to be found not guilty or the case being dismissed (for whatever reason) down the road in Court (where the actual evidence is heard and a fair and impartial judge/jury reaches the determination).

So, to answer your first question, the police blotter does not indicate anything other than an arrest. Also, being able to pull up the court file does not necessarily mean a conviction was entered against a person. Anytime a charge is brought, a court file will be created. Even if the case is dismissed or a finding of not guilty is entered after a trial, the court file will continue to exist (up to the point where the defendant obtains an order to seal or expunge the court file).

What is more important is the actual disposition of the case, which can be found in the court file. This is the only, and best, ***** ***** find out if this person had been convicted of the offense. Perhaps additional research on your part will disclose this, but unless and until this is determined, there is no way to know if a conviction had been entered. The fact that a police blotter and court file exist only indicates that: 1) an arrest was made and 2) charges were filed against an individual. Outside of that, only an inspection of the documents of the actual file (or obtaining an individual's criminal history) will reveal if the person had been convicted or not.

Furthermore, battery (or solicit to commit battery) is not necessarily always an indicator of a violent propensity. This is because battery can be charged with the common types of actions usually associated with battery (i.e., punching someone, pushing someone, etc) or with what is commonly called "offensive contact" which can include poking someone, patting someone on the shoulder (in conjunction with other actions or statements that may make it "offensive" to a reasonable person) or even flicking or blowing into someone's ear jokingly (assuming the "victim" takes exception to the action). Again, generally, the actual charging document in the court file will contain a description of the action that the State's Attorney's Office considers "battery."

So, in essence, it is impossible to, by simply providing the charges and the fact that someone was arrested, to determine whether or not someone is a proper fit for whatever activity it is that you may be engaged in.

Before proceeding, I would like to pause and ask if you have any questions on what I have provided thus far?

Expert:  Legal-Kal replied 1 year ago.

Just a reminder, there is a answer posted to your question.

I hope I have been of assistance. Again, please let me know if you have any follow up questions or need clarification on anything, feel free to ask (I want to make sure you have fully digested what I have provided above).

If not, please remember that experts here are not employees of JustAnswer and do not get credited for assisting a customer until the customer clicks ACCEPT and rates the assistance provided. Your cooperation in this regard would be greatly appreciated. Thanks!

Expert:  Legal-Kal replied 1 year ago.

I see you have read my posting to your question.

Please remember to comply with the terms of service you agreed to when signing up and click ACCEPT upon being provided with the assistance requested as this will ensure future assistance when you will need it.

Thank you.

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