Expungement Lawyer in Tennessee
Looking to have your record expunged in Memphis, TN?
It is a newer law in the state of Tennessee that allows the residents to have their records expunged in certain situations. This does not mean that any conviction can be erased, but there are misdemeanors and certain felonies that can be expunged. It used to be the case that only arrests could be erased from record, the addition in July of 2012 to also allow minor convictions can help many individuals get a fresh start. A criminal conviction can ruin an individual's opportunity for employment, college or other school programs and a person's effort to move up in their company. If you have a conviction that you would like expunged, contact The Claiborne Ferguson Law Firm, P.A. right away. We can discuss your case and determine if you are eligible to fight for expungement.
Who is eligible for expungement in Tennessee?
In order to pursue the expungement of your criminal record, you can only have one conviction. If you have been convicted more than once, you cannot have them erased. Another requirement is that you must wait
at least five years after completing the sentence of the case before pursuing expungement. There are certain cases which can qualify for expungement and certain cases that cannot. Some of the scenarios of cases that can be expunged include:
- A case wherein the charges were brought but the case did not end up with a conviction
- A case wherein the court entered a "nolle prosequi" for your case
- A case that was resolved in accordance with a diversion agreement
- Some misdemeanor and less serious felony convictions
If you were never actually convicted, you have a high chance of having that offense expunged. This could mean that you were acquitted or you were not found guilty for the offense. Diversion is another scenario that commonly results in expungement. Pretrial diversion and judicial diversion are two programs that the state of Tennessee uses. These are programs that could result in a suspension of charges that could be dismissed after the program or after a certain period of time. These charges may be expunged later on if petitioned. Lastly, old convictions that are not seen as serious may be expunged. This could include Class E felonies and most misdemeanors.
Convictions that Can and Cannot be Expunged in TN
As stated before, most misdemeanors and some low-level felonies can be expunged. Tennessee Code Annotated § 40-32-101 contains the provisions regulating expungement in the state. Some misdemeanors that cannot be expunged include convictions of assault, indecent exposure, solicitation of a minor, child abuse, stalking and
DUI. Some of the felony offenses that
can be expunged include:
- Theft offenses
- Forgery offenses
- Fraud offenses
- Bad check offenses
- Vehicle burglary offenses
- Evading arrest in a vehicle with no risk to bystander offenses
- Vandalism offenses
- Schedule V drug offenses
- VI (marijuana) and VII drug offenses if a Class E felony
- Drug paraphernalia offenses
- Failure to appear offenses
If you would like to discuss your unique conviction and the possibility of having it expunged, contact a Memphis criminal defense attorney from our firm today. We can walk you through the process of filing a petition in the court with jurisdiction over your criminal record.
Contact The Claiborne Ferguson Law Firm, P.A. for Help!
If you are looking to pursue the expungement of a conviction or offense on record, you need the legal guidance of a skilled criminal defense lawyer in Memphis. Our firm offers a
free case evaluation to allow individuals to receive advice and ask questions at no cost.
Contact us at (901) 878-5434 today to discuss your case and see how we could help you!