Expungement: Tennessee Law and Filing an Application for Expungement



Posted: Sunday, August 16, 2009

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Moore Trademarks

Expungements are difficult to obtain in Tennessee, so much so many individuals have to seek a pardon instead. Tennessee expungement law is some of the most rigorous in the country. In Tennessee, most convictions are permanent - only a select number of situations allow you to successfully petition to expunge your record. Despite some misperceptions to the contrary, the laws controlling Tennessee expungements are identical for both felonies and misdemeanors.

Expunging your criminal record in Tennessee is difficult but certainly not impossible. There are a variety of situations where erasing your criminal record and expunging damaging information can legally occur. Dismissed charges can always be expunged in Tennessee. A criminal expungement attorney can do a records search for you to find the dismissed charges against you, the relevant indictment or warrant numbers, and the name under which you were charged (to avoid problems by perhaps missing aliases in the criminal database). Once this due diligence is completed, an expungement lawyer can then complete the necessary request and court order and submit it to the clerk in the county in Tennessee where you were charged. The request is then sent to the district attorney's office to determine whether there is any state opposition to the expungement.

You can also expunge your record if you entered into a pre-trial or post-trial diversion plea agreement. Keep in mind, however, that one can only apply for an expungement once all requirements of diversion have been met. Unlike expungement for a dismissal, where at most you might owe some court costs, there is a court fee to get your charge expunged after completing diversion. Even after pleading guilty pursuant to a diversion agreement, criminal charges or convictions can harm you in the future if not fully expunged. It is vital that you retain an expungement attorney who does a complete criminal record search to make sure all charges that can be erased from your record are expunged. A well-trained expungement lawyer will do a thorough criminal record search with your date of birth and complete name, leaving no stone unturned to ensure that every possible criminal record that can be expunged is completely erased. A partial expungement can be the same as having nothing expunged at all.

It is important that you start the process as soon as possible. The expungement process can take many months to complete in some jurisdictions. This consideration makes it necessary to hire a lawyer fully versed in the criminal justice system to be sure your expungement is handled correctly and expeditiously. Before you attempt to enroll in school or apply for a new job, it is a smart idea to make sure your record has been completely expunged. The process for obtaining an expunement is the same no matter the seriousness of the charge. An experienced criminal defense attorney well-acquainted with Tennessee expungement law is a must. Though not easy, a Tennessee expungement is not impossible to obtain. Once you obtain an expungement, Tennessee state law requires there be no physical evidence you were ever charged or convicted. Expert counsel and a committed effort are necessary make sure your record is clean. Getting an expungement in Tennessee can be a trying process. Good counsel is your best bet.

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Nathan Moore is a Nashville criminal attorney who has represented numerous individuals charged with crimes and has assisted in expunging their criminal record. You can learn more about expungement, Tennessee law, and filing for expungement from at firm website. The above article is adapted from an original article on his criminal defense blog entitled Expungement: Tennessee Law and Filing an Application for Expungement.
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