Will a 3rd degree assault fall off my criminal record?

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Will a 3rd degree assault fall off my criminal record?

Asked on July 30, 2011 Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An assault doesn't fall off any criminal record, especially if the charge turns into a criminal conviction. You need to discuss the options with your lawyer, and see if that particular charge (charge not conviction) is something that can be expunged from your record if you are only charged and either nothing comes of it or if the charges are dismissed or you are found innocent. However, if you are convicted, you need to find out if assault convictions can be expunged from your criminal record (including any arrests). If a third degree assault is considered a misdemeanor in your state, you may have a better shot at having it expunged. If Kentucky allows convictions to be sealed (not expunged), that might be another option, as well. Talk to a criminal defense attorney in your state who is not only well-versed in Kentucky criminal defense laws and cases, but has had a significant amount of experience in bringing such motions.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An assault doesn't fall off any criminal record, especially if the charge turns into a criminal conviction. You need to discuss the options with your lawyer, and see if that particular charge (charge not conviction) is something that can be expunged from your record if you are only charged and either nothing comes of it or if the charges are dismissed or you are found innocent. However, if you are convicted, you need to find out if assault convictions can be expunged from your criminal record (including any arrests). If a third degree assault is considered a misdemeanor in your state, you may have a better shot at having it expunged. If Kentucky allows convictions to be sealed (not expunged), that might be another option, as well. Talk to a criminal defense attorney in your state who is not only well-versed in Kentucky criminal defense laws and cases, but has had a significant amount of experience in bringing such motions.


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