Expungement: Tennessee Rules For Clearing Your Criminal Record

Expungement: Tennessee Rules For Clearing Your Criminal Record

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Tennessee is one of the more difficult states in which to expunge your criminal record. Unfortunately for those convicted of a crime, there are only limited instances where you can get a Tennessee expungment of your criminal record. The laws and regulations governing Tennessee expungements are identical for all classes of convictions, whether felony or misdemeanor.

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 a complete search is completed, an expungement attorney will then able to draft the required order and submit it to the court clerk in the county where you were convicted or 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. However, you can only apply to get your record expunged once you fully complete the requirements of your diversion. 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 makes it vital to retain an attorney fluent in the criminal system to ensure that your expungement is handled correctly the first time. It is important to make sure your record is fully expunged before you seek a new job or apply to college or a technical school. 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.


About the Author:
Nashville criminal attorney Nathan Moore has represented numerous individuals during his many years of criminal practice. He has also assisted in clearing their Tennessee criminal record after dismissal or successful completion of diversion. You can learn more about expungement rules and filing for an expungement on his firm's website. The above article is adapted from an original article written by Mr. Moore on Tennessee Expungement Law



Article Originally Published On: http://www.articlesnatch.com


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