Knoxville, Tennessee Expungement Attorney

Dedicated Record Sealing and Expungement Lawyer Serving Knoxville, TN

Having a criminal record can have a huge impact on your life. Your employment opportunities may be limited, and you may have trouble finding housing or pursuing education. Fortunately, Tennessee law provides a legal process known as expungement, which can help you clear your criminal records if you meet certain eligibility requirements. In addition to providing criminal defense services, The Baker Law Firm can assist people in pursuing expungement, ensuring that they will be able to avoid the consequences of a criminal record and protect their futures.

What Is Expungement?

After a criminal case is concluded, a person may take steps to ensure that information about their case is kept private. Expungement will allow people who meet certain requirements to have their criminal records erased and kept away from public view. Once an expungement is granted, the records are treated as though the events never occurred. This can provide significant relief from the issues that a person with a criminal record may face, and it can offer the opportunity for a fresh start.

Expungement can offer numerous benefits, including:

• Improved employment opportunities: Employers will often perform background checks as part of their hiring processes. Expungement can prevent past criminal records from appearing in these checks, improving a person's job prospects and ensuring that they will not be disqualified based on events that took place in the past.
• Better housing options: Landlords often perform background checks and review people's criminal histories when considering rental applications. Expunging criminal records can enhance a person's chances of securing housing.
• Access to education: Some educational institutions and professional licensing boards consider criminal records during admission or certification processes. Expungement can remove barriers to educational and professional advancement.
• Restored reputation: Clearing your criminal record can help restore your personal and professional reputation, allowing you to move forward without the stigma of a past conviction.

Eligibility for Expungement in Cases Without Conviction

In Tennessee, expungement is typically available in situations where a case did not result in a conviction. This includes situations where:

• A defendant was arrested, but no charges were filed.
• The charges against a person were dismissed.
• A grand jury did not indict a person (known as a "no true bill").
• A not guilty verdict was reached in a criminal trial.
• Pretrial diversion or judicial diversion was successfully completed.

To qualify for expungement in these cases, a person must not have any other pending criminal charges, and they must not have been convicted of any other offenses.

Expungement of Convictions

Certain types of convictions may also be eligible for expungement in Tennessee. These include specific non-violent, low-level offenses, provided certain conditions are met:

• Eligible misdemeanors and felonies: Tennessee law lists specific misdemeanors and Class E felonies that may be expunged. These include theft, forgery, vandalism, fraud, and some low-level drug crimes. In general, a person may be eligible for expungement if they have committed up to two crimes, which may include two misdemeanors or one misdemeanor and one felony.
• Waiting period: Typically, a person can apply for expungement after five years have passed since the completion of their sentence. In some cases, expungement may be available for non-violent Class C or Class D felonies such as theft of property, theft of services, identity theft, or vandalism, but a 10-year waiting period will apply. To be eligible for expungement, a person must have completed all requirements put in place by a criminal court, including paying fines and restitution and meeting conditions of probation or supervised release.
• Clean record: A person must have no subsequent criminal convictions that are ineligible for expungement, including federal crimes or criminal charges in other states.

Full vs. Partial Expungement

In most cases, a person can receive a complete expungement of their criminal record. This will erase all records related to an offense, including arrest records, criminal convictions, or other information indicating that a person was charged with a crime. However, if a person is ineligible for a full expungement, they may receive a partial expungement, which will remove records related to arrests, indictments, and other information related to charges other than the offense that resulted in a conviction. Partial expungements will remove information from electronic databases, including state databases, electronic databases maintained by court clerks, and the national crime information center system.

Contact Our Knoxville, Tennessee Expungement Attorney

If you are seeking a fresh start after an arrest or conviction in Knoxville, Tennessee, The Baker Law Firm can help you pursue an expungement. With offices in Nashville and Knoxville, our firm provides legal help to clients throughout the state. Contact us at 865-200-4117 to schedule a free consultation today and take the first step toward a brighter future.