Can My Criminal Record be Expunged in Tennessee?

 Posted on November 08, 2024 in Criminal Defense

A criminal record is a heavy burden to carry. You may just be trying to move on with your life, but even if you have resolved to live a clean life after dealing with the consequences of your conviction, you can still face serious prejudice in housing, employment, and your personal life.

Getting an expungement can afford you some closure and privacy, but before applying, you should know the regulations around clearing your criminal record in the state. A Tennessee criminal defense attorney at The Baker Law Firm can walk you through the process of expungement, keeping you in the loop throughout complex legal proceedings and advocating for your rights.

What Does Expungement Do?

Expungement can significantly rehabilitate your reputation because it can completely erase your crime from the public record and all official sources. It essentially offers you a fresh start. However, you may end up waiting a long time before you can apply for expungement, at least five years since you served your sentence.

Am I Eligible for Expungement?

Determining eligibility for expungement is tricky, as it depends on many factors. First, you may only be considered for expungement if you have two crimes or less on your record: two misdemeanors or a misdemeanor and a felony.

But what crimes can be removed from your record? Many misdemeanors can be expunged, with some common exceptions outlined in state legislation. Generally speaking, the following misdemeanors cannot be expunged:

• Misdemeanors for sex crimes (for example, indecent exposure and violating community supervision as a registered sex offender)

• DUIs

• Violent misdemeanors (assault and domestic violence)

• Gun-related misdemeanors (including unlawful possession of a firearm and a non-parent providing a handgun to a minor)

Certain felonies are eligible for expungement as well, specifically the lesser Class E felonies including forgery/fraud, vandalism, theft, and minor drug offenses. This can also extend to certain non-violent felonies of greater severity – identity theft, for instance – but it can only happen 10 years after you have served your sentence.

Lastly, to be considered for an expungement in Tennessee, you must have maintained a clean record during the waiting period.

Non-Conviction Situations That Can Be Expunged

Even if you were never convicted of a crime, a criminal charge or an arrest can still appear on your record despite your declared innocence. As such, it is imperative that you take the steps to clear your name. You might consider expungement if:

• You were arrested but never charged.

• The charges against you were dropped.

• You were found not guilty in a criminal trial.

• You were not indicted by a grand jury.

In many cases, charges without convictions can be expunged for free. A skilled criminal defense attorney can advise you on whether your case qualifies.

Contact a Farragut, TN Criminal Defense Attorney Today

Getting your life back on track after a criminal case can be daunting, but you do not have to face the challenge alone. A Knox County, TN criminal defense lawyer at The Baker Law Firm can work with you one-on-one to break down the process of expungement into simple steps as efficiently as possible. To schedule a free consultation, call our office at 865-200-4117.