If i have been charged with a crime but was never convicted of it can i get the record destroyed?
Yes. Under Tennessee law - T.C.A. 40-32-101(a)(1)(A), if you were never convicted of the crime with which you were charged (case was dismissed, case was nolle prosequi, no bill from grand jury, arrested but released without being charged) you may get the record destroyed at no cost to you.
If I have completed my diversion successfully, may I get my records destroyed?
Yes. Under Tennessee Law - T.C.A. 40-32-101(a)(1)(B), if you have completed your diversion successfully, you may go through the regular petition of record expungement and pay the appropriate court clerk fee pursuant to T.C.A. 8-21-401 to have your records destroyed.
Once I get my records expunged, can anyone access them again?
It depends. Under T.C.A. 40-32-101(a)(1)(B) the general public may not access these records and they are not privy to be reviewed. However, law enforcement agencies as well as the DA’s office and the Clerk’s office keep their files. They may only be accessed by law enforcement, the DA’s office or the Clerk’s office. They may not be given or supplied for review to anyone. Release of expunged records is a misdemeanor under T.C.A. 40-32-101(c)(1). Expunction of your record within the legal system does not include any news media reports that were aired, printed, published or posted because of the charges/conviction.
HOW SOON AFTER MY CONVICTION CAN I FILE FOR A (G)(1) EXPUNCTION?
Per T.C.A. 40-32-101(g)(2), five (5) years must elapse from the time you complete your sentence, including any probationary time you are ordered to serve.
I WAS CHARGED WITH AN OFFENSE SEPARATE TO THE CONVICTION(S) I WANT EXPUNGED BUT WAS NEVER CONVICTED OF IT. AM I ELIGIBLE FOR EXPUNGEMENT?
Yes. Per T.C.A. 40-32-101(g)(2), you are only ineligible if you have more than two convictions on your record at the time of your expunction filing.
I STILL HAVE FINES AND FEES UNDER MY SENTENCE OWED TO THE COURT. HOWEVER, THE APPROPRIATE TIME AS ELAPSED. AM I ELIGIBLE FOR EXPUNCTION?
No. Per T.C.A. 40-32-101(g)(2), you must have fulfilled all the requirements of your sentence, including but not limited to, paying all court costs and fines.
CAN I HAVE A PREVIOUS DIVERSION ON MY RECORD AND FILE A PETITION FOR EXPUNGEMENT OF A SEPARATE CONVICTION?
No. A person who has been convicted of a crime and has had a conviction expunged as the result of the completion of a successful diversion program pursuant to TCA 40-15-102 through 106 or TCA 40-35-313 is not eligible for a G-1 expunction.
I was convicted of a charge prior to November 1, 1989, but my sentence does not have a specified sentence time. I served three (3) years or less, am I eligible for expunction?
Yes. Per T.C.A. 40-32-101(g)(1)(c), as long as you did not serve longer than three (3) years or were sentenced to less than three (3) years, you are still eligible for an expunction.
I was charged and convicted with more than two offenses but the charges stemmed from one criminal episode. Am I eligible?
Yes. Per T.C.A. 40-32-101(g)(1)(D), convictions of more than one offense which occurred during one single, continuous criminal episode with a single criminal intent are considered a single offense for the purposes of a G-! expunction. You are allowed to expunge two separate cases, provided they meet the state's criteria for expungement.
What happens after I fill out the Expungement Application?
When you submit your application, you must attach a copy of the final judgment of your conviction(s). Make sure you leave a good contact number. The DA’s office will contact you within a week to let you know your eligibility or to ask you for additional information. If you are eligible, you will receive instructions on how to file your paperwork and get a hearing scheduled.
If the DA’s office tells me I am ineligible, may I file the paperwork with the Clerk’s office anyway?
Our office assists you so you will know if you are eligible before you pay the non-refundable fee to the Clerk. You may hire a private attorney to represent you or may file paperwork with the Clerk’s office at any time without the DA’s consent. However, there is no guarantee at any time that you will be granted the expunction or get your money refunded if the Court denies your application.
IF THE COURT DENIES MY APPLICATION, CAN I RE-FILE?
Yes, but by law you have to wait two years to file again.
I DON'T HAVE THE MONEY NEEDED TO FILE THE APPLICATION. CAN THE FEES BE WAIVED?
You can ask the judge to waive the $100 clerk's fee. If the judge says no, you can ask for a payment plan. The expungement will not be granted until the fees are paid in full.
I HAVE SEVERAL TRAFFIC CITATIONS ON MY RECORD, SEPARATE TO THE CONVICTION I WANT EXPUNGED. AM I ELIGIBLE?
Maybe. Traffic violations do not count against you when considering expungement eligibility as long as none of the traffic charges involve DUI.