Getting an expungement in Tennessee is only permissible under certain specific circumstances. Unfortunately, your regular guilty conviction is typically not expungeable. However, if you entered into a post-trial diversion or pre-trial diversion agreement with the district atttorney, and successfully completed the probation period pursuant to the diversion agreement, you are likely eligible to have the charge and conviction expunged. A correctly done expungement will result in the physical destruction of your criminal file. All electronic records are purged as well. In short, your criminal record is completely erased.
The other circumstance where you can expunge your criminal record is where you were charged with a crime, but the crime was later dismissed. It does not matter whether your charge was dismissed in the preliminary hearing stage, due to a motion, like a motion to suppress, or after a jury trial. You have a right as of law to have dismissed charges expunged. There is no fee for the expungement of a criminal charge that has been dismissed - this varies from the court fees that can be charged to expunge guilty convictions resulting from diversion.
As noted, getting an expungement in Tennessee can be difficult. It is vital that a criminal defense attorney be retained to expunge your criminal record properly. The expungement of each conviction must be done separately. If you have more than one charge or conviction, each case number must be properly located and your full name as you were charged must be used. An expungement attorney can conduct a records search and ensure that there are no dismissed or erasable charges that are missed in the process. Even on the best of days, the Tennessee expungement process can take weeks or months to complete. If you are trying to get a new job or go back to school, it is imperative that your criminal record be expunged right the first time. If the application and order for expungement are improperly drafted, you have to start the process over. This delay could end up being costly.
If you think you are eligible for an expungment in Tennessee, there is no reason to delay. Contact an attorney experienced in Tennessee expungement law and see what your options are. After a search is done and your complete criminal record is compiled, it can be determined whether you qualify for a complete or partial expungement.
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