You May Be Eligible to Have Your Tennessee Criminal Conviction Erased

Under a new Tennessee law, signed by Governor Haslam on May 21, 2012, individuals with a Tennessee criminal conviction may now be eligible to have these convictions expunged (or erased) from their Tennessee criminal history.  If you believe your Tennessee criminal conviction may now be expunged, you may contact our office at 865-249-7200 for more information and/or for assistance with the Tennessee expungement process. Additional information can also be found by visiting www.eraseyourrecord.com.

The Top 10 Things to Know about the New Expungement Law:

1. Tennessee Code Annotated, Section 40-32-101(g) – The New Expungement Statute – ONLY applies to Class E Felonies and Misdemeanors, but does not apply to all Class E Felonies and Misdemeanors.
   1. To find out if you or someone you know is eligible to have a conviction expunged and removed from a criminal record, please contact our office at 865-249-7200.
2. A person is NOT eligible for expungement of a prior conviction in Tennessee if the petitioner has:
   1. More than one criminal conviction in Tennessee.
   2. Another criminal conviction from another state.
   3. Been convicted of a criminal conviction in federal court.
3. A person must wait 5 years from the “completion of the sentence imposed for the offense” before filing an expungement petition.
4. The law does not apply to Tennessee DUI convictions.
5. If a petition is denied, the person must wait 2 years before filing another petition.
6. The statute becomes effective on July 1, 2012.
7. Each petition will require a $350 filing fee.
8. An expungement under this statute “has the legal effect of restoring the petitioner, in the contemplation of the law, to same status occupied before” the Tennessee conviction.  Nevertheless, an expungement only erases a person’s public, criminal record and will not affect law enforcement records or privately provided information on the internet.
9. A successful expungement will make most petitioners eligible for a Tennessee Handgun Carry Permit.
10. All fines and court costs must be paid before a petition may be filed.

A criminal conviction, especially a Felony conviction, may affect every aspect of a person’s life.  The opportunity to clear your name should not be ignored.  Furthermore, if you would like help with the expungement process or are uncertain if you or someone you know might be eligible, please do not hesitate to contact Steve, Sara, or Nate for further assistance. You may reach all of our attorneys by calling (865) 249-7200.

[Source: Tennessee Code Annotated 40-32-101(g)]