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How long does Simple Assault Stay on Your Record

how long does simple assault stay on my recordOne question we routinely hear in our office is how long does simple assault stay on your record.   So the first question you have to answer is were you convicted of simple assault?   If you were convicted of simple assault in the District of Columbia it is eligible to be sealed.    Simple Assault is an eligible misdemeanor Offense in the District of Columbia and if you are convicted of it – it may be sealed.

How long before you can seal a Simple Assault Conviction

  • You have to wait at least 10 (ten) years after you have completed your sentence before you can file your
  • A sentence is complete when you have been unconditionally discharged from incarceration, probation, parole or supervised release – whichever is latest. In other words, you must wait for 10 years after you get “off papers” before you can file a motion to seal the arrest and conviction.

What if I was convicted of Domestic Simple Assault

No you may not seal a domestic simple assault case.    Domestic Simple Assault is considered a moral turpitude crime and is not eligible for sealing.  Domestic simple assault is considered Interpersonal violence as defined in § 16-1001(6)(B), intimate partner violence as defined in § 16-1001(7), and intrafamily violence as defined in § 16-1001(9).

What is I was not Convicted but Received Diversion

If you received diversion and you want to seal your arrest record you only have wait 2 years before you can file to seal the record.  Domestic Simple Assault arrest may be sealed after 4 years.  

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