Am I Eligible for Expungement in Tennessee?

Whether you were arrested for a criminal offense or convicted of one, each case can result in a criminal record in Tennessee. Having a permanent record means anyone who decides to run a background check can see your past criminal activity. This can make it difficult to obtain a new job or keep being employed, apply for college, find housing, and take advantage of other opportunities in life.

To avoid having your criminal record ruin your life, it may be possible to expunge your record, depending on the circumstances of your crime. Expungement is a legal process to remove and destroy a person’s public criminal record.

You may be eligible to have your criminal record expunged if one of the following applies to your case:

  1. Your charges were dismissed
  2. You were arrested and released without being charged
  3. You didn’t receive a guilty verdict at trial
  4. A grand jury returned a “no true bill”
  5. A judgment of nolle prosequi was entered in your case
  6. Your conviction was reversed on appeal

If you have been convicted of a crime in Tennessee, you may still be eligible for expungement. Court costs have now dropped to $280 for this type of expungement.

Only those who have been convicted of one or two crimes can have a conviction expunged. The state law only applies to certain Class A misdemeanors and Class E felonies.

The following are some misdemeanor offenses in Tennessee that are NOT eligible for expungement:/cri

  1. Assault
  2. Child abuse
  3. Domestic violence
  4. DUI
  5. Fraudulent use of a credit/debit card
  6. Indecent exposure when the victim is under 13 years old
  7. Soliciting a minor to participate in a Class E sex crime
  8. Stalking
  9. Unlawful sexual contact as a figure of authority
  10. Violation of a protective order

The following are some of the felonies that CAN be expunged in Tennessee:

  1. Car burglary
  2. Failure to appear
  3. Forgery
  4. Fraudulent use of a credit/debit card
  5. Possession, sale, delivery, or manufacture of a Schedule V or VII drug
  6. Theft ($501 - $999)
  7. Vandalism ($501 - $999)

If you are eligible to get your conviction expunged, you must wait five years after you complete your sentence to file a petition. If your expungement petition fails, you must wait two years before trying again.

To ensure you meet eligibility requirements and avoid getting your petition rejected, our Clarksville criminal defense lawyers at Patton | Pittman Attorneys can guide you through the complexities of the legal process to help you get your life back on the right track. If you are currently facing criminal charges, we can protect your rights and future in the courtroom.

For more information, contact us at (931) 361-4477 and schedule a free consultation today.

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