Expungement Lawyer in Gallatin, TN
01. Expungement
Expungement in Tennessee
A criminal record can show up on job, housing and school applications long after a case is over. Tennessee law allows many records to be expunged, which removes them from public records.
Records that may qualify
• Charges that were dismissed, including nolle prosequi, or where the grand jury returned no true bill.
• Cases that ended in a not-guilty verdict.
• Cases completed through pretrial or judicial diversion.
• Certain convictions: up to two in one petition (two misdemeanors, or one misdemeanor and one eligible felony), after all parts of the sentence are complete, including fines, fees and restitution. The usual waiting period is 5 years for misdemeanors and Class E felonies, and 10 years for eligible Class C and D felonies.
Records that do not qualify
Some offenses can never be expunged, including DUI, sexual offenses that require registration, offenses against a minor, domestic violence convictions, violent felonies and felonies involving a weapon, and certain drug manufacturing and distribution convictions (Tenn. Code Ann. § 40-32-107). You can have convictions expunged only once.
How Expungement Works
Before a court expunges a conviction, the Tennessee Bureau of Investigation must confirm the offense is eligible. We review your record, tell you what can be expunged, and prepare and file the petition. Clerk fees apply and may be waived for people who cannot afford them.
Expungement petitions are filed with the court that handled the case, whether that was General Sessions, Criminal or Circuit Court, in Sumner, Wilson, Robertson, Williamson or Davidson County.
Facing a new charge? See our pages on DUI defense, drug charges and criminal defense.
Call (615) 997-7618 to find out whether your record qualifies.
