How to Expunge Misdemeanor Charges in Tennessee

Expunging misdemeanor charges from your record in Tennessee can offer a fresh start, removing barriers to employment, housing, and other opportunities. Understanding the expungement process and eligibility criteria is essential for anyone seeking to clear their criminal record. Here’s a comprehensive guide on how to expunge misdemeanor charges in Tennessee.

Eligibility for Expungement

Not all misdemeanor charges are eligible for expungement in Tennessee. To qualify, you must meet specific criteria:

Eligible Offenses: Only certain misdemeanors and Class E felonies can be expunged. Violent crimes, sexual offenses, and certain other serious crimes are generally ineligible.
Completion of Sentence: You must have completed all terms of your sentence, including jail time, probation, fines, and restitution.
Waiting Period: Typically, you must wait five years after completing your sentence before applying for expungement.
No Subsequent Convictions: You should not have any new convictions during the waiting period, except for minor traffic violations.

Steps to Expunge Misdemeanor Charges

Obtain Your Criminal Record: Begin by obtaining a copy of your criminal record from the Tennessee Bureau of Investigation (TBI). This record will provide a detailed account of your charges and convictions.
Determine Eligibility: Review your record to ensure that your misdemeanor charges are eligible for expungement. Consulting with a criminal defense attorney can help clarify eligibility and guide you through the process.
Complete the Petition for Expungement: Fill out the Petition for Expungement form, available from the court where you were convicted. This form requires detailed information about your charges, convictions, and compliance with court orders.
File the Petition: Submit the completed petition to the court. There is typically a filing fee associated with the petition, which varies by county.
Notify the District Attorney: Provide a copy of your petition to the District Attorney’s office that prosecuted your case. The DA has the right to review and respond to your petition.
Court Review and Hearing: The court will review your petition and may schedule a hearing to consider your request. During the hearing, the judge will assess your eligibility and any objections from the District Attorney.
Order of Expungement: If the court grants your petition, an Order of Expungement will be issued. This order directs all relevant agencies to remove your misdemeanor charges from public records.

After Expungement

Once your misdemeanor charges are expunged, they are removed from public view, and you can legally state that you have not been convicted of the expunged offenses. However, expunged records may still be accessible to law enforcement and certain government agencies.

Conclusion

Expunging misdemeanor charges in Tennessee can significantly improve your life by removing the stigma of a criminal record. If you’re considering expungement, it’s crucial to understand the eligibility requirements and follow the proper procedures. Consulting with an experienced criminal defense attorney can help ensure a smooth and successful expungement process.

For personalized guidance and assistance with expunging misdemeanor charges in Tennessee, contact a reputable criminal defense attorney who can provide expert advice and representation.