A criminal conviction often carries a “hidden” sentence that lasts much longer than your time in jail or on probation. Having a criminal record can follow you for decades, creating barriers long after you have moved forward with your life.
The consequences often make it difficult to find a good job, secure a home, or maintain a professional license in fields such as nursing and teaching. Fortunately, Tennessee law offers a way to move forward through the “expungement” process, which allows for the destruction of public records related to certain charges.
Who is eligible?
Tennessee’s expungement laws have expanded significantly over the last several years, making it possible for more people than ever before to clear their records. Under state law, you may qualify for an expungement if you meet these criteria:
- Dismissals: The court dismissed your charges, or a jury found you not guilty.
- Specific convictions: You have a conviction for a misdemeanor or a Class C, D or E felony specifically included on the state’s eligibility list.
- Multiple charges: You are seeking to clear two qualifying convictions, as the law now allows certain individuals with one felony and one misdemeanor to apply.
- Diversion: You successfully completed a judicial or pretrial program.
Eligibility depends strictly on the specific code section of your conviction and whether you have completed all terms of your sentence. Most eligible misdemeanors and Class E felonies require a five-year waiting period, while certain Class C and D felonies require you to wait 10 years.
Filing a petition with the court
To clear your record, you must file a petition in the court that handled your case, such as the Knox County General Sessions or Criminal Court. You must pay all court costs, fines, and restitution before the process can begin. Once a judge approves the request and the order is processed, the state removes the charge from public view.
The process restores you to your “pre-arrest” status. For most private employers, you can legally state that the incident never happened. However, keep in mind that some federal agencies or specialized professional licensing boards may still require disclosure of expunged records.
Why skilled legal guidance is crucial
Tennessee’s record-clearing laws are lengthy and complex. A single mistake on your petition can lead to a denial, and because the law often limits how many times you can apply for conviction expungement, you want to get it right the first time.
A skilled criminal defense lawyer is crucial for determining if you qualify for expungement. Your attorney helps you complete the paperwork correctly and coordinates with the Tennessee Bureau of Investigation and the district attorney to ensure the court fully restores your legal status, giving you a fresh start.