Can Criminal Charges Be Expunged in Tennessee?
Highlights
Core concept: Criminal expungement in Tennessee can remove qualifying criminal records from public access, although eligibility and the legal effects of expungement depend on the circumstances.
Eligibility factors: Not all offenses qualify; eligibility hinges on whether the charge was dismissed or resulted in a conviction, the type of offense, and waiting period requirements.
Legal guidance: Working with our firm can help you assess eligibility, prepare the required court filings, and understand the potential effects of expungement.
Facing criminal charges creates lasting challenges long after a court date passes. An arrest record or conviction might limit employment options, housing choices, and professional licensing opportunities.
Fortunately, Tennessee law allows individuals to clear certain criminal records through a legal process known as expungement. When an expungement is granted, qualifying records may be removed from public access as provided by Tennessee law, although some records or previously collected information may remain available.
At Moreland Law Firm, located in Franklin, Tennessee, we help clients in Nashville, Murfreesboro, Lebanon, Columbia, and Dickson clear their records and protect their future. Contact us to schedule a free consultation.
How Expungement Works in Tennessee
Expungement is the legal process of removing a criminal charge or conviction from public view. Once a record is expunged, qualifying records should be removed from the applicable official records, but private background-check companies may continue displaying previously collected information.
An expungement removes qualifying records as provided by Tennessee law, subject to applicable statutory exceptions. In Tennessee, the eligibility rules depend primarily on how your case was resolved.
Charges that ended in a dismissal, a "no true bill" by a grand jury, or an acquittal at trial are generally eligible for expungement at no cost. Tennessee law provides a process for removing qualifying records when a case ends in one of these dispositions.
When a case results in a conviction, clearing the record requires meeting specific statutory criteria. Tennessee permits expungement of certain misdemeanor and felony convictions when the offense and the person's circumstances satisfy the applicable statutory requirements, including any required waiting period and sentence-completion obligations.
We can help determine whether your case qualifies under the applicable Tennessee expungement statutes, including Tennessee Code Annotated §§ 40-32-106 through 40-32-108.
Which Charges Qualify for Expungement?
Determining if your record can be cleared requires analyzing the exact offense and your overall criminal history. Some less serious offenses may qualify for expungement, while many serious offenses are excluded under Tennessee law.
We can review your case history to assess whether your record may qualify for expungement. The following categories provide a general overview of records that may qualify for expungement in Tennessee:
Dismissed charges and acquittals: Certain charges dismissed by the court or resulting in an acquittal may qualify for expungement under Tennessee law.
Completed diversion programs: Successful completion of judicial or pretrial diversion allows the underlying charge to be expunged after fulfilling all court conditions.
Eligible non-violent misdemeanors: Certain misdemeanor convictions may qualify for expungement if the offense and the person's circumstances meet the applicable statutory requirements, including any waiting period and financial obligations.
Select non-violent Class E felonies: Certain felony convictions may qualify for expungement if the specific offense and the person's circumstances meet Tennessee's statutory requirements.
Ineligible violent or sexual offenses: Many serious, violent, and sexual offenses are ineligible for expungement, and DUI convictions are generally excluded from the ordinary conviction-expungement process. Eligibility depends on the specific offense and applicable statutory provisions.
Applying these statutory requirements calls for careful review of court records and filing procedures. We can help ensure your petition is properly prepared and submitted, reducing the risk of avoidable filing problems.
Steps to Expunge Your Criminal Record
Clearing a criminal record involves a detailed multi-step judicial procedure. The process generally begins by obtaining the court records and disposition information needed to establish eligibility and complete the applicable expungement paperwork.
Next, a formal petition for expungement must be drafted and submitted to the appropriate court. A filing fee may apply to conviction expungements under Tennessee law. Confirm the applicable fee and whether any fee waiver or indigency procedure is available.
For qualifying conviction-expungement petitions, the court clerk serves the district attorney general, who may submit recommendations. The applicable statutory procedures also govern eligibility certification and compliance with sentence requirements.
The court determines whether you satisfy the applicable statutory requirements before issuing an expungement order. Certified copies of the signed order are then sent to the Tennessee Bureau of Investigation, the arresting law enforcement agency, and local clerk offices to remove the records from public databases.
Taking Back Control of Your Future With an Expungement Attorney
Carrying a criminal record creates unnecessary barriers to personal and professional success. Expungement may help reduce some barriers associated with an eligible criminal record and support your efforts to pursue employment, housing, and other opportunities.
At Moreland Law Firm, our attorney, Jay Moreland, guides clients through the expungement process and helps them understand their options for moving forward. We assist clients across Nashville-Davidson County, Franklin-Williamson County, Murfreesboro-Rutherford County, Lebanon-Wilson County, Dickson-Dickson County, and Columbia-Maury County.
Contact us to schedule a free consultation and explore your legal options.
Frequently Asked Questions
What services does Moreland Law Firm provide for record expungement?
We assist with the expungement process, including gathering court records, evaluating eligibility, preparing petitions, and following up with relevant agencies.
How does Moreland Law Firm help clients facing active criminal charges?
We provide comprehensive legal defense for individuals charged with misdemeanors and felonies, working to dismiss charges, negotiate diversion programs, or minimize consequences to preserve your long-term record eligibility.
Why choose Moreland Law Firm to handle your legal matter?
Moreland Law Firm combines clear communication with thorough knowledge of Tennessee criminal procedure, providing personalized attention, clear legal guidance, and representation in relevant Tennessee courts.