Expunging a Simple Possession Charge in Tennessee

Clear Your Record and Protect Your Future

A simple possession charge carries penalties that are anything but simple. When convicted, an individual could face probation, fines, or jail time. Even after you’ve endured the punishments, the charge stains your record permanently, unless later expunged.

An expungement returns a person’s record to the state it was in before the crime. That is to say that an expungement does not clear your entire record, just the offense which you are completing the expungement process for.

Can I Expunge My Simple Possession Charge?

Simple possession is a misdemeanor for first and second offenses. Upon third and subsequent offenses, it is punished as a felony. Still, both misdemeanor and felony simple possession charges may be expunged so long as:

  • It happened after November 1, 1989
  • The sentence was for three years or less
  • It has been five years since the completion of your sentence

If your petition for expungement fails, you may try again after a mandatory two-year waiting period.

Dismissed and Retired Charge

Tennessee simple possession cases that were dismissed, retired, or otherwise received a verdict of not guilty may be easily expunged by filing paperwork with the court clerk. These cases may be cleared from your record without paying the standard fee.

If you accrued court costs, however, you would have to satisfy those debts before the charge is expunged.

Diversion Program

Participation in a diversion program can also protect your record from the stain of a simple possession charge. Once the charge is resolved by completing the program and your fees have been paid, the record may be expunged.

Contact Patton | Pittman for more information about how we can work to get you a clean record and a fresh start.

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