Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I live in Massachusetts and was charged with assault and…

Customer Question
Hi there I live...

Hi there I live in Massachusetts and was charged with assault and battery back in 2013 it was against my husband but the charges were dropped and the case closed because it was just a mosey neighbor and a misunderstanding I've never had a criminal record before or after. How long does this stay on my record. What can I do to make it go away

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Sure my husband and I were in the car arguing in our driveway. He's a loud person I'm not but I gesture with my hands loudly and wildly my neighbor called the police when she heard him yelling was worried he might hurt me which he never would but ppl take it upon them selves and but it anyway. As home and I are arguing I throw my arms open wildly hit the seat of car and accidentally hit him which took us both by surprise. When the police showed up we both got out and were explaining to them everything that was going including that we were brok taken by surprise that my hand hat hit him because we have nothing to hide were not violent ppl but the officer said at that point he had to take me he had no choice we were both so upset by it I didn't knw what to do the officer said I knw ur not a criminal that's why I'm not treating u like one he was very kind my husband was upset thought t was his fault and it wasn't and the officer even documented for my benefit that out here were no injuries and I have a very big engagement ring so it would've left a mark. I spent a few hours in jail and my husband picked me up and paid the bail. We went to court and the charges were dropped because there was no eveidene of actual abuse and my husband wasn't going to press charges. I'm not a criminal inhale no record I've never even had a speeding ticket. It has been 3 years almost 4 and I believe nowBut is starting to impact me getting a job

Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 36 minutes by:
2/28/2016
Lawyer: legalgems, Lawyer replied 2 years ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,312
Experience: Just Answer consultant at Self employed
Verified

Criminal Offender Record Information (CORI) allows a misdemeanor charge/conviction to remain on one's record for 5 years; 10 for a felony.

However, one can have it sealed, or expunged, sooner than that.

There is no waiting period to make this request if there was no conviction.

The process involves the following:

Obtain (usually from the court clerk or online) a Petition to Seal. This is done in the court that handled the initial case. The clerk will schedule a hearing. At that hearing, the petitioning party must prove the following:

  1. A "compelling government interest" in sealing(beneficial to the state if the person can become employed by virtue of not having this on their record, etc)
  2. This interest is greater than the 1st Amendment interest of the public to be able to see court records.
  3. It is in the interest of fairness or substantial justice to seal the record

Thank you for using Just Answer.
I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly
-Rate Positively-
This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.

Thank you and take care!

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,312
13,312 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
does the stste of mississippi have a trespassing law
a person enters your driveway with a tractor and trailor he claims he has the right because he was going to dump some limbs on his land. this person has numerous sights on his own property in which to… read more
NOT LEGAL ADVICE!
NOT LEGAL ADVICE!
1,470 satisfied customers
I had a class A misdemeanor charge dismissed by the judge.
I had a class A misdemeanor charge dismissed by the judge. However, it still is on my record 1 year later. I'm wanting to get an expunction, please advise. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a question about expungement of a misdemeanor in
Hello, I have a question about expungement of a misdemeanor in Ohio … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My driveway and access to a public street is blocked yearly
My driveway and access to a public street is blocked yearly due to a private event. The city issues the organization a permit. What are my rights? I live in a small city in Indiana. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
How do I find out if my driveway has an easement on it. No
how do I find out if my driveway has an easement on it … read more
Bill Attorney
Bill Attorney
law
2,429 satisfied customers
I was recently convicted of a misdemeanor hit-and-run of a
I was recently convicted of a misdemeanor hit-and-run of a water pipe with a boat anyhow I'm going for sentencing next week and one of the sentencing things that the judge May impose is a stay away or… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I had a driveway contractor redo my driveway last oct and it
Hi I had a driveway contractor redo my driveway last oct and it is is failing since the install. What can I do. I have tried for months to work with him on this. It took him six months to come back th… read more
legalgems
legalgems
Lawyer
13,312 satisfied customers
I have a company that supposed to fix my driveway with rocks
I have a company that supposed to fix my driveway with rocks I paid them they didn't finish it right also I gave extra deposit for them to complete my driveway they didn't do that and the guy promised… read more
legalgems
legalgems
Lawyer
13,312 satisfied customers
I've used the driveway next to mine for approximately
I've used the driveway next to mine for approximately 22years. Recently the new tenants not owners as of three years stated that I can no longer use it. Is this true … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
How long will a charge of misdemeanor for assault and
How long will a charge of misdemeanor for assault and battery stay on a person's record for a first offense? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
Got an assault misdemeanor question. No they have not.
Back Story: Subject A, is outside a bar fence trying to start a fight with everyone he can. Got kicked out of the bar for hitting a bouncer and asking random people to buy drugs. Subject B's friends are in the inside of the bar gate with subject a trying to start a fight with them. (e.g. touching them taking off there hats saying to come outside so he can whoop their ass.) Subject B walks over and tells Subject A he needs to leave. Subject A among other words says to come outside that he is gonna whoop subjects B's ass and shoves subject B. Subject B walks outside the bar confronting subject A, Subject A walks towards subject B in a threatening manner and subject B swings and knocks him out. Subject A is talking about pressing charges. Will subject B be okay… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
What if I was charge with a misdemeanor and they drop the
What if I was charge with a misdemeanor and they drop the case, but a year and a day later, find out that they decide to charge me again with the same offense, what is the limitation? of the court to … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If you are leaving your driveway and check carefully for
Good morning, If you are leaving your driveway and check carefully for traffic, but time you enter the street you are struck by another driver. Who is at fault. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What is the speed lmit on apartment driveways. Califronia.
just today a couple of minutes a go they almos ran my son over just becasue i pulled him back. i called the owener and he said that he could not do anything my son is autistci special needs that done understamd commands the driveway is aproximate 10 feet from our door step … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My car was repossessed tonight and on my driveway in a gated
My car was repossessed tonight and on my driveway in a gated community. I saw the pick up truck when he pulled in and told him he was not to touch my car, that I had paid my car off and he proceeded t… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,169 satisfied customers
Wandering the severity of me checking no to no misdemeanors
Wandering the severity of me checking no to no misdemeanors on a my life insurance application I did a background check when I originally got my insurance license they found it years later and are now… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Had a contract to pave the driveway...$10,000....they
Hi ...had a contract to pave the driveway...$10,000....they finished...they incorrectly graded...water pooling ...do I sue for breach of contract or nonperformance...demand letter...anything else?? wa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I recently Hired a contractor for the shed and the driveway.
I recently Hired a contractor for the shed and the driveway. He gave me two quotes. I agreed with the price and pay him up half upfront for each task. Three weeks into the project he only managed to completed the shed. For the driveway he only did partial. I gave him a deadline. A week later he admited that he cannot get the permit for the driveway. I have pay him upfront $2000 for the driveway, and he only managed to get a form about 250 square feet. No concrete has poured. So I expected that he owed me some money after paying him for his partial work on the driveway. Can I use the remaining balance for this unfinish driveway to pay for the remaining balance I owed him on the shed? Thank you for helping … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x