How to Get a Felony Expunged in Tennessee

Some criminal offenses can be expunged in Tennessee. When a criminal record is expunged in Tennessee, it is removed from court and law enforcement records. No one is able to view the record again, not a court, not any government agency. Not every felony conviction can be expunged in Tennessee. However, many non-violent felonies and certain felonies involving controlled substances may be eligible.

Technically, expunging a conviction is a legal process. A defendant, or their attorney on their behalf, submits a petition to a court to remove the conviction and expunge the case. Of course, certain conditions must be met, as explained below. If the court grants the petition, the defendant is legally allowed to say that they have never been convicted of the crime.

There are a number of complexities to expungement in Tennessee. A defendant would want to consult with an attorney if they are interested in felony expungement in that state.

An individual with a criminal record that they want to expunge must wait for a specified period of time before they can apply for expungement. The length of the waiting period depends on the nature of the crime contained in the record and the way in which the criminal case was resolved.

The expungement waiting period for both felonies and misdemeanors begins to run when the criminal case at issue is finally discharged or concluded. A criminal case has not ended until the defendant has served their entire sentence, e.g., completing the probation to which they were sentenced and/or paying any restitution or fine that they were ordered to pay.

Once a defendant has fully complied with all of the terms of their criminal sentence, the expungement waiting period begins to run. Many courts make note in the record of their proceedings the exact date on which a criminal sentence has been completed. This is when the expungement waiting period begins to run.

A person can get more information from a local Tennessee lawyer.

What Factors Influence Felony Expungement?

One factor that has an influence is whether the defendant has no more than 2 offenses on their record that are eligible for expungement. If they were to have more such offenses, the offenses would not be eligible for expungement.

Another important factor is the nature of the criminal offense that the defendant seeks to expunge. It must be an offense that is eligible for expungement.

Which Felonies Can Be Expunged?

Generally, only non-violent felonies can be expunged in Tennessee. Tennessee law does not allow the expungement of felony criminal offenses that involve violence, sexual offenses, and felonies that involve minors.

• Limited Convictions: As noted above, generally, expungement is available only if the defendant has 2 or fewer convictions of offenses that are eligible for expungement.
• Good Behavior Requirement: The court from which the defendant seeks expungement must be given evidence that the defendant has obeyed the law and led a positive life since they were convicted.
• Time Since Any Sentence Was Completed: For most felonies classified as Class C and D felonies in Tennessee, a defendant would have to have completed any sentence they were given when they were convicted. Then, they have to wait for a prescribed period of time.

This would mean completing any period of probation at least 10 years before applying for expungement. If the felony is classified as a Class E, the waiting period would be 5 years.

The following are some of the felonies that can be expunged in Tennessee:

• Class C Felonies: Examples are theft, forgery, identity theft, and vandalism that did not involve violence, e.g., tagging.
• Class D Felonies: Examples are burglary, if it did not involve violence, theft of services, and certain fraud offenses.
• Class E Felonies: These include such offenses as simple possession of certain controlled substances, accessory after the fact, and various minor forgery charges.

If a defendant is not certain that the offense they need to expunge is eligible, they want to consult a Tennessee criminal defense attorney who can review their criminal record and learn if their offenses can be expunged.

What Is the Procedure for Expunging a Felony?

If a defendant knows that their offenses are eligible for expungement, they must submit a petition to the court in which their case started. In Tennessee, this may be a general sessions court or a trial court. Courts do not all operate in the same manner, so, again, a defendant would want to consult a Tennessee criminal defense attorney for guidance as to how to proceed.

The process works as follows:

• Determine Eligibility: Of course, a defendant wants to first confirm that their felony offense is eligible. They would also want to check on the court’s particular requirements.
• Gather Documentation: The defendant, or their lawyer, needs to obtain certified copies of their criminal records.
• Prepare a Personal Statement: A defendant needs to prepare a personal statement of how they have been rehabilitated. It should express genuine remorse and include evidence of how the defendant has changed their life and turned away from criminal activity.
• File the Petition in the Proper Court: The next step is to file a petition for expungement, including all of the supporting documents. The defendant should, of course, specify the charges that qualify for expungement. No court appearance should be necessary.
• Include a Self-addressed, Stamped Envelope: A defendant should include one such envelope for each charge that they want expunged. The envelope allows the clerk to send the defendant documentation showing the expungement after it has been completed. Of course, the defendant should ask the clerk for a copy of the expungement order.
• Distribution: The petition is submitted to the judge, and the order of expungement is distributed to the appropriate agencies, so they can expunge the offenses as ordered.

If there is a fee for the expungement, the document may note that a charge was “dismissed with costs.” This means that the defendant must have to pay court costs to finalize the expungement.

Charges that ended in a dismissal, nolle prosequi, “no true bill,” or a not guilty verdict may be expunged free of charge to the defendant. A fee may be necessary to expunge criminal charges that were “on diversion” or that led to a guilty verdict.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

Expungement is the legal process of removing a criminal charge or conviction from public criminal records. Once expunged, it is as if it never occurred, and a defendant can legally deny its existence in most situations.

The Tennessee Bureau of Investigation (TBI) removes charges from the defendant’s criminal record when they are expunged. It also deletes the charges from the paper or electronic fingerprint card. It then sends the expungement order to the Federal Bureau of Investigation (FBI) for processing by that agency.

The charges are physically deleted from a defendant’s record at the TBI, not just “sealed.” If the defendant has no other records, their fingerprints are deleted as well.

Which Felonies Are Not Eligible for Expungement?

Generally, felonies that involve violence or that are not old enough may not be expunged. Sexual offenses and offenses that may have victimized minor children may not be expunged.

Do I Need an Attorney for Help With Felony Expungement?

If you have been charged with a felony and are concerned about the negative impact it may have on your life, you need to talk to a Tennessee expungement lawyer.

LegalMatch.com can connect you to a lawyer who can review your case and make sure that you are convicted of a felony that is eligible for expungement. Your lawyer can then guide you through the expungement process to a successful conclusion.