Getting arrested is stressful, but if you resist, you could face even more serious consequences. Resisting arrest can quickly turn a bad situation into something much worse. So, what happens next? Will resisting arrest stay on your record, and what can you do about it? Let’s discuss.
What Is Resisting Arrest?
Resisting arrest is when a person actively prevents or obstructs law enforcement from making a lawful arrest. It can include physical resistance, verbal resistance, fighting, and interference. The severity of the charge depends on the level of resistance.
In some cases, it is a misdemeanor. However, if force or violence is involved, the charge can be elevated to a felony. Here are some examples:
- Struggling
- Pulling away
- Hitting or kicking
- Using force to avoid handcuffs
- Refusing to comply with demands
- Running or walking away
- Encouraging others to resist
- Physically intervening in another arrest
Still curious about what constitutes resisting arrest? Contact an experienced criminal defense attorney for more information.
Does Resisting Arrest Stay on Your Record?
If convicted, resisting arrest becomes part of your permanent record. Even if the original charge that led to your arrest gets dropped, a separate charge for resisting can still stand. In other words, a conviction could remain on your criminal record for years, which could negatively impact future opportunities.
Meanwhile, felony resisting charges are much more challenging to remove than misdemeanors. Still, some states let individuals clear their records (expungement) after a period of good behavior. In some cases, a skilled attorney can help negotiate lesser charges or even dismissal.
How Long Does It Stay on Your Record?
The criminal record consequences can be far-reaching. For example, many employers conduct background checks, so a charge related to resisting arrest can be a red flag that indicates a propensity for non-compliance or violence.
Moreover, landlords and property managers often check criminal records before approving rental applications. A conviction for resisting arrest can make it more difficult to find housing. Also, certain professions require state licensing, and the charges can trigger immigration consequences for non-citizens.
Typical times for resisting arrest charges, regardless of the underlying issues, range from a few years to a lifetime. Both misdemeanors and felonies can permanently affect your criminal record, but felony resisting charges are much more difficult to seal or expunge. Contact an attorney to help.
Can It Be Expunged?
Criminal record expungement laws vary from state to state. However, you may be eligible for expungement if you completed probation, have no additional arrests or convictions, and a certain amount of time has passed since the conviction. You may also need to meet your state’s specific expungement requirements to qualify.
Effective Defenses Against Criminal Record Consequences
Facing these charges without an attorney is risky. Fortunately, several legal defenses may be available, including:
- Unlawful arrest
- Lack of intent
- Insufficient evidence
- Excessive force
An aggressive criminal defense attorney can evaluate the case details and build a strong defense strategy to help mitigate criminal record consequences. In the meantime, do not discuss your case with law enforcement without an attorney present, and follow all legal advice.
Takeaway
A resisting arrest charge can have long-term criminal record consequences. While the charge can stay on your record for years, you may have plausible defense options. Don’t face the charges alone. Contact the Law Offices of Philip D. Ray to schedule a confidential consultation.