Expungement Attorneys in Tennessee
Expungement in Tennessee
Tennessee law allows for the expungement of criminal records in certain cases. If your expungement is granted, any police records, court records, or records of criminal convictions, criminal charges, or sentences served are sealed and destroyed. Tennessee does retain certain items though, including arrest history, investigative reports, intelligence information of law enforcement agencies, and any confidential file or records kept by district attorneys general or other officials and departments. Like other states though, if your expungement is granted in Tennessee, you can legally answer “no” to questions regarding your arrest and/or conviction history in most cases.
You are eligible to apply for expungement in Tennessee if you have not been convicted of more than one criminal offense (including out of state or federal crimes), and five years have passed since the completion of your sentence.
Some Tennessee cases are always eligible for expungement:
- If your charges were dismissed;
- If your charges resulted in a not guilty verdict;
- If you were arrested by not charged.
Tennessee Exception for Convictions during the Protest of Racially Discriminatory Laws.
In most cases, you are not eligible for expungement in Tennessee if you have been convicted of a crime. One significant exception to this involves convictions for crimes committed while protesting or challenging a law that is/was racially segregating or discriminatory. You are eligible for expungement if you were charged with and convicted of a misdemeanor or felony, and all of the following are true:
- Thirty-seven (37) years or more have passed since the date of conviction and you have not been convicted of any other offense (except for minor traffic violations) during that period.
- You successfully completed any probation or supervision.
- The offense was a misdemeanor or Class C, D, or E felony (or would be if it were committed after November 1, 1989).
- The district attorney general is served a copy of your petition.