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EXPUNGEMENTS

If you have been arrested for or convicted of a crime in the greater Memphis area, you need a knowledgeable and confident Memphis Criminal Defense Attorney who will fight to have your criminal record expunged.

The result of a criminal record can impact all areas of your life, from reputation to future career options. Any type of entry on your criminal record can bar you from employment and make your life difficult. Some of your prior arrests, probation, or court supervision may be eligible for expungement. Through expungement, these blemishes may be taken off your record. 

In Tennessee, the consequences of a criminal history can be serious and long-lasting. If you’ve had a run-in with the law, with the help of a Memphis expungement lawyer to steer you through the process, you may be able to have your criminal record cleaned up.

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

Details

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.

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.

Expungements will be granted if:

  • Charges have been dropped, dismissed, or nolle prosequi

  • No true bill was entered by a grand jury (dismissed warrant)

  • Not guilty verdict

  • Successful completion of diversion

  • Certain convictions under the new expungement law

New Expungement Law:

Eligible convicted offenses committed on or after November 1, 1989: Subsection(g)

  • Most Misdemeanors and Class E Felonies (Not DUI and Domestic Assault)

  • Non-violent offense

  • Never been convicted of any criminal offense other than the offense for which expungement is sought

  • At least 5 years have passed since completion of sentence

  • All requirements of court imposed sentence are fulfilled

  • Never had a previous conviction expunged

  • Multiple Convictions if:

    • contemporaneously,

    • at the same location,

    • was a single continuous criminal episode, and

    • all of the offenses were eligible individually

Eligible convictions if more than two (2) offenses committed on or after November 1, 1989: Subsection(k)

  • Meet all conditions of Subsection(g)

  • Eligible convictions are either:

    • Two (2) misdemeanors; or

    • One (1) felony and One (1) misdemeanor.

Eligible convicted offenses committed before November 1, 1989:

  • Sentence of 3 years or less

  • Never had previous conviction expunged

  • AND: The offense for which the person was convicted:

    • Did not have as an element the use, attempted use, or threatened use of physical force against the person of another;

    • Did not involve, by its nature, a substantial risk that physical force against the person of another would be used in the course of committing the offense;

    • Did not involve the use or possession of a deadly weapon;

    • Was not a sex offense for which the offender is required to register as a sexual offender or violent sexual offender under title 40, chapter 39 part 2; or any sex offense involving a minor;

    • Did not result in the death, serious bodily injury or bodily injury to a person;

    • Did not involve the use of alcohol or drugs and a motor vehicle;

    • Did not involve the sale or distribution of a Schedule I, II, III, or IV controlled substance;

    • Did not involve a minor as the victim of the offense; or

    • Did not result in causing the victim or victims to sustain a loss of fifty thousand dollars ($50,000) or more.

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