Tennessee Expungement Law

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Expungement is the legal process where you can officially erase any prior evidence of criminal activity. The rules of expungement vary from state to state. For those charged with a crime or convicted of a felony or misdemeanor, it is important to know that Tennessee is one of the most difficult states in which to obtain an expungement. This does not mean it is not worth trying to get one, however.

Getting an expungement in Tennessee is only permissible under certain specific circumstances. Unfortunately, your regular guilty conviction is typically not expungeable. However, if you entered into a post-trial diversion or pre-trial diversion agreement with the district atttorney, and successfully completed the probation period pursuant to the diversion agreement, you are likely eligible to have the charge and conviction expunged. When an expungement occurs, the file concerning your case is physically destroyed. All electronic records are purged as well. In short, your criminal record is completely erased.

The other circumstance where you can expunge your criminal record is where you were charged with a crime, but the crime was later dismissed. It does not matter whether your charge was dismissed in the preliminary hearing stage, due to a motion, like a motion to suppress, or after a jury trial. You have a right as of law to have dismissed charges expunged. Unlike when expunging diversion agreements, the statute detailing Tennessee expungement requirements does not allow for a fee to be charged for the erasure of dismissed criminal charges.

As noted, getting an expungement in Tennessee can be difficult. It is vital that a criminal defense attorney be retained to expunge your criminal record properly. Each charge or conviction you are trying to expunge must be individually expunged. If you have more than one charge or conviction, each case number must be properly located and your full name as you were charged must be used. An expungement attorney can conduct a records search and ensure that there are no dismissed or erasable charges that are missed in the process. Even on the best of days, the Tennessee expungement process can take weeks or months to complete. If you are trying to get a new job or go back to school, it is imperative that your criminal record be expunged right the first time. If the application and order for expungement are improperly drafted, you have to start the process over. This delay could end up being costly.

If you think you are eligible for an expungment in Tennessee, there is no reason to delay. Contact an attorney experienced in Tennessee expungement law and see what your options are. Once a criminal records search is conducted, you will know whether you qualify for an expungement or whether you will have to look into the possibility of getting a governor's pardon.