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EXPUNGEMENTS

Tennessee Expungement Law: Clear Your Criminal Record

If you have been arrested or convicted of a crime in Tennessee, you may be eligible for an expungement. Expungement is the legal process that allows you to remove certain criminal records from public view, giving you a fresh start. Whether it’s for a past misdemeanor or felony conviction, understanding the ins and outs of Tennessee’s expungement law is crucial to securing a better future.

At Pehanick Law, we understand the importance of protecting your reputation and providing a clean slate. If you are interested in expunging your criminal record, our experienced attorneys can guide you through the process and help you get the second chance you deserve.

What is Expungement in Tennessee?

Expungement is the legal process of sealing or removing criminal records from public view. In Tennessee, certain criminal convictions and arrests can be expunged, meaning they are no longer accessible to potential employers, landlords, or the general public. Expungement allows you to move forward with your life without the burden of a criminal record. It’s important to note that expungement is not available for all crimes, and there are specific eligibility requirements that must be met in order to qualify.

Who is Eligible for Expungement in Tennessee?

Under Tennessee law, individuals who have been arrested, charged, or convicted of certain crimes may be eligible for expungement. However, the eligibility depends on various factors, including:

  1. Dismissed Charges or Acquittals: If your charges were dismissed or you were found not guilty at trial, you may be eligible for expungement.

  2. Misdemeanors: Certain misdemeanor convictions may be eligible for expungement after a specified waiting period. For example, a Class A misdemeanor may be eligible for expungement if you have completed your sentence and a certain amount of time has passed.

  3. Non-Violent Felonies: Some non-violent felony convictions may be eligible for expungement. The waiting period and eligibility depend on the type of felony and your criminal history.

  4. First Offender Status: If you were a first-time offender and completed a diversion program or probation without reoffending, you may be eligible for expungement.

  5. Successful Completion of Drug Court or Other Programs: Individuals who successfully complete certain rehabilitative programs may be eligible for expungement.

What Crimes are NOT Eligible for Expungement in Tennessee?

Tennessee law does not allow the expungement of all criminal convictions. Certain serious offenses, including but not limited to:

  • Violent crimes (e.g., murder, rape, aggravated assault)

  • Domestic violence-related offenses

  • Sex offenses

  • DUI (driving under the influence) offenses

  • Certain felony convictions, including repeat offenders

Benefits of Expungement in Tennessee

Expunging your criminal record can have significant positive effects on your life, including:

  • Better Employment Opportunities: Many employers conduct background checks, and a criminal record can prevent you from getting hired. With an expunged record, you can answer "no" to questions about criminal convictions.

  • Housing Opportunities: Landlords often check criminal records before renting properties. Expunging your record increases your chances of finding a rental home.

  • Restored Rights: In some cases, expungement can restore certain rights, such as the right to possess firearms (depending on the offense).

  • Peace of Mind: Expungement allows you to move forward without the constant worry of your past mistakes affecting your present and future.

Why You Need an Experienced Expungement Attorney

Navigating the expungement process can be complex, and ensuring that your petition is filed correctly is essential to the success of your case. An experienced Tennessee expungement lawyer will guide you through the process, handle all necessary paperwork, and advocate on your behalf at the hearing.

At Pehanick Law, we have a proven track record of helping individuals in Memphis and the surrounding areas expunge their criminal records. Our goal is to help you clear your name and open doors to new opportunities.

If you’re ready to take control of your future and clear your criminal record, contact us today. We’ll review your case, determine your eligibility, and walk you through the expungement process.

📞 Call (901) 552-6228 today to schedule a consultation with Attorney Joseph Pehanick

FAQs

How Does the Expungement Process Work in Tennessee?

  1. Eligibility Check: First, you must determine whether your offense is eligible for expungement. This includes checking the eligibility criteria for the specific offense and ensuring that you meet the required waiting periods.

  2. File the Petition: Once you confirm your eligibility, your attorney will file a petition with the court to begin the expungement process. This petition will outline your case and request that your criminal record be expunged.

  3. Court Hearing: A hearing will be scheduled, and the judge will review your petition. The prosecution will have an opportunity to object, but if there are no objections, the judge will rule on your petition.

  4. Judicial Order: If the judge approves your expungement request, an order will be issued to seal or remove your criminal record. This process can take several months depending on the complexity of your case.

  5. Notification: Once your expungement is granted, you will receive confirmation, and the public record of your arrest or conviction will be sealed.Under Tennessee law, you have the legal right to deny the existence of any criminal charges related to an expunged record. Expungement, however, only pertains to court records, it does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, files of the District Attorney General that are maintained as confidential records for law enforcement purposes, and records of the Department of Children's Services or Department of Human Services that are confidential under state or federal law.

How do I know if I’m eligible for expungement in Tennessee?
Eligibility depends on several factors, including the nature of the offense, the length of time since your conviction, and whether you completed any required programs (such as probation or diversion). An experienced attorney can help determine whether your record is eligible for expungement.If you had a prior criminal history you need a Memphis Criminal Defense Attorney who will review your criminal records to determine expungement eligibility. Because a criminal history can result in employment denial or termination, you need an experienced criminal defense lawyer who will fight to expunge your criminal records. Our firm has successfully expunged many arrests and eligible convictions from criminal records in Tennessee.

How long do I have to wait before applying for expungement?
Tennessee law requires a waiting period before applying for expungement. The length of the waiting period depends on the type of offense. For example:

  • Misdemeanors: Typically 5 years after completing your sentence

  • Non-violent felonies: Typically 7 years after completing your sentence

  • Diversion programs: Expungement may be available once the program is completed successfully

Can I legally say I was never convicted of a crime after an expungement?
In Tennessee, once your record is expunged, you are allowed to legally say that you have not been convicted of that crime when asked in most situations, such as on job applications or housing applications. However, certain government agencies may still have access to your expunged records.

Full list of eligible and non-eligible expungement offenses
Expungement FAQ for Tennessee Bureau of Investigation