The Legal Process for Expunging a Record in Tennessee
When you have a criminal record, it may seem like it’s following you everywhere. It can limit your housing opportunities and negatively affect your ability to find a job, among other things. Fortunately, you may be able to expunge your criminal record or, in other words, remove your record from the view of the public. Once your record is expunged, it will no longer be publicly available. This means your life could get back to normal again.
At Moreland Law Firm, we understand how important it is for you to have a clean criminal record. That’s why our expungement attorney in Nashville, Tennessee, strives to provide his clients with the guidance they need to clear their record and restore the opportunities they deserve.
What Is Expungement?
Expungement is a legal process initiated by someone with a criminal record to have their records removed. But what does that “removal” entail? Essentially, it means that an expunged record—whether it’s an arrest or conviction—will no longer show up on the individual’s public background check.
In Tennessee, expungement (also referred to as expunction) is governed by T.C.A. § 40-32-101 and other statutes. These statutes outline what conditions one must meet to be eligible for expungement.
Who Is Eligible for Expungement?
While expungement is essentially a second chance for those who have been convicted, not all convictions can be expunged in Tennessee. In fact, until not long ago, no convictions could be expunged in the state. In 2017, Tennessee enacted a law that made people with one or two criminal convictions eligible for expungement. Before the enactment of the law, expungement was an option that was exclusively available to those whose charges had been dismissed.
Generally, the ability to expunge a record in Tennessee depends on a few factors, including:
The nature and severity of the offense;
The sentence that was imposed; and
How much time has passed since the individual completed their sentence.
If you have a misdemeanor conviction that you wish to expunge, the good news is that most misdemeanors in Tennessee are eligible for expungement as long as you meet certain conditions, including completing parole, probation, or sentence. As for the expungement of felonies, getting a record removed is more complicated. Generally, violent felonies or felonies involving serious harm to others are not eligible while non-violent felonies may be eligible.
Is There a Waiting Period?
Contrary to what you might think, you cannot obtain expungement whenever you want. Rather, you must adhere to a waiting period to become eligible for getting your record expunged. In Tennessee, the waiting period begins from the date when you complete your sentence, parole, or probation. But how long will you have to wait? The duration of the waiting period varies from one case to another and depends on multiple factors, including the nature and severity of the offense. As a rule of thumb, the waiting period is shorter for misdemeanors than it is for felonies.
However, even if the required number of years has passed, you cannot obtain expungement if you cannot show proof of your compliance with all other court-ordered conditions. Depending on the offense, these conditions may include completing community services, paying fines, or paying restitution to the victim, among others.
The Legal Process for Expunging a Record in Tennessee
Many people mistakenly believe that their criminal records are expunged automatically with the passage of time. But that’s just not how it works in Tennessee. In order to obtain expungement in the state, you will need to take several steps. Here’s an overview of the expungement process:
Determine your eligibility: It doesn't make any sense to initiate the expungement process if you aren’t eligible for getting your records expunged. You might need to consult with an attorney to determine if you meet the eligibility requirements for expungement.
Obtain your criminal record: You will need a copy of your criminal record when preparing an application for expungement. This requires you to file a public records request with the Tennessee Bureau of Investigation.
Fill out your expungement application: There are different forms for conviction and non-conviction expungements in Tennessee. Consider getting an attorney’s help when filling out your application.
Submit your application: The final step is to submit your application to the appropriate court. You may also be asked to pay a filing fee.
Once you successfully complete the expungement process, you will be restored to the condition you were in before your arrest, charge, or conviction. You can treat the event like it never happened. In other words, the next time your prospective employer or landlord asks you about your criminal record, you won’t have to disclose information about an expunged record. Getting expungement can help you in many areas of your life, including getting jobs, finding a place to live, obtaining loans, and applying for state professional licenses, to name a few.
Looking to Expunge Your Records? We Can Help
If it has been years since you have been arrested, charged, or convicted, you don’t need anyone else to tell you how hard it is to live with a criminal record. At Moreland Law Firm, I completely understand that you don’t want to be carrying that weight anymore and I might be able to help you lighten that load. If we can help you obtain expungement, you will no longer have to be reminded about your previous mistakes. You will be able to breathe new air into your life and move forward. Get a free case review now to discuss whether you are eligible for expungement and, if so, how we might be able to help.