Answering All Your Questions About Expungement and Tennessee Criminal Defense Lawyers

Getting arrested or convicted of a crime can have lifelong consequences. Your criminal record follows you and can make it harder to get a job, find housing, or pursue your education. Fortunately, Tennessee offers options like expungement and record sealing to clear your record under certain conditions.

I know you probably have a lot of questions about expungement and how criminal defense lawyers can help. I’ll do my best to answer them here in plain English! I’m not a lawyer, so think of this as helpful background information and not formal legal advice.

What is Expungement and How Does it Work?

Expungement is a legal process that clears an arrest or conviction from your public criminal record[1]. If a charge is expunged, it’s essentially removed and destroyed from the court system’s files. Here are some key facts about expungement in Tennessee:

• Your criminal record will no longer appear on background checks or the court clerk’s public website[1].
• You can legally answer “no” if asked on job or housing applications whether you have a criminal record[1].
• There are different eligibility timelines depending on the type of offense. For example, misdemeanors are often eligible sooner than felonies[1].
• Certain serious crimes like violent felonies are not eligible for expungement at all[1].
• The process involves filing a petition, appearing at a court hearing, and receiving a court order approving the expungement if you qualify[1].
• An experienced criminal defense lawyer can help navigate this process and increase your chances of success. More on working with lawyers below!

The bottom line is that expungement provides a path to leave past mistakes behind you and have a clean slate. But the specifics of who qualifies and how it works can be complicated, which is where lawyers come in handy.

What Types of Records Can Be Expunged in Tennessee?

Many types of criminal offenses are eligible for expungement in Tennessee, especially misdemeanors. Here are some examples:

• Misdemeanor drug possession
• Public intoxication
• Disorderly conduct
• Petty theft/shoplifting
• Minor traffic violations like speeding tickets

Felonies can often be expunged too, though the waiting period is longer. For example, some common felonies like drug possession or theft may qualify after 5-10 years[1].

However, there are certain convictions that can never be expunged under Tennessee law:

• Violent felonies like murder, rape, robbery, aggravated assault[1]
• Sexual offenses involving a minor
• Deadly weapon offenses
• Felonies with max sentence of life in prison
• DUI offenses

So in summary – misdemeanors and some felonies can likely be cleared from your record eventually, but violent crimes and DUIs stay on permanently in Tennessee.

What are the Benefits of Expunging Your Criminal Record?

There are many good reasons to get your record expunged if you qualify in Tennessee:

• Improved job opportunities – Many employers conduct background checks and having a criminal record is a red flag. Expungement gives you a clean slate.
• Access to housing – Landlords often deny applicants with a criminal history, so expungement opens more doors.
• Continuing education – An arrest or conviction can jeopardize college admissions and financial aid.
• Professional licensing – Many fields like nursing or real estate require licensure, which considers criminal records.
• Immigration status – Criminal records can negatively impact visa and green card applications.
• Peace of mind – Clear your conscience and the stigma of having a public criminal record.

The bottom line is that expungement provides a fresh start and prevents your past mistakes from haunting you for life. It clears a path towards jobs, housing, education, and more.

Who Qualifies for Expungement in Tennessee?

There are a few basic requirements to qualify for expungement of a criminal record in Tennessee:

• You completed probation or jail/prison sentence for the conviction[1].
• A certain amount of time has passed since the offense – typically 3-10 years[1].
• You have not been convicted of other crimes during the waiting period.
• The conviction is eligible for expungement under TN law (see list of ineligible crimes above).
• You have paid all fines and restitution related to the conviction[1].
• You are current on child support payments if applicable[1].

The waiting period required generally depends on the type of offense:

• Misdemeanors: 3-5 years[1]
• Felonies: 5-10 years[1]

These eligibility rules can be complicated, which is why working with an experienced criminal defense attorney is so helpful when seeking expungement. They can analyze your specific situation and determine if and when you might qualify.

How Much Does Expungement Cost in Tennessee?

The total costs of expunging a criminal record in Tennessee may include:

• Filing fees – Around $350-450 to file the petition in court. May be waived if low income.
• Attorney fees – Hiring a lawyer to handle the process typically costs $1500-2000. Can sometimes be done without lawyer.
• Background check fee – Applicants must provide a current background check report which costs $20-30.

So in total you’re looking at around $2000 on average, depending on if you hire an attorney and your financial situation. Courts may waive some fees for very low income applicants.

Many people feel the cost is well worth it to clear their criminal record and improve their job and life prospects. And hiring a lawyer maximizes your chances of success.

How Does the Expungement Process Work in Tennessee?

Here is an overview of what’s involved in the record expungement process in Tennessee:

1. Determine if you are eligible based on the offense waiting period and other factors.
2. Obtain a current background check on yourself to file with the petition.
3. Complete expungement petition forms available from the court clerk or online[1].
4. File the petition at the court that handled your criminal case along with filing fees[1].
5. The District Attorney is notified and can potentially object, but often does not[1].
6. There will be a court hearing where the judge reviews your petition[1].
7. If approved, the judge issues an expungement order and your record is cleared!

Having an experienced criminal defense attorney to guide you through this process from start to finish is highly recommended. They know the ins and outs of the system and how to build the strongest case.

How Long Does Tennessee Expungement Take?

The total time to complete the expungement process may take 2-6 months in Tennessee. Here are the general steps and timeframes:

• 1-2 weeks – Initial consultation and review of eligibility with your lawyer.
• 2-4 weeks – Preparation of petition and collecting supporting documents.
• Up to 1 month – Waiting period after filing petition for DA review and setting court hearing.
• 1-2 months – Waiting period for court hearing date.
• 1 month – Waiting period for judge’s final expungement order.

So in total you’re generally looking at a 2-6 month process from start to finish. The exact timeline varies by county and how busy the court is. Having an attorney can help speed things along.

Can a Criminal Defense Lawyer Help with Expungement in Tennessee?

Yes, hiring an experienced criminal defense attorney is highly recommended for expungement in Tennessee. Here are some of the key benefits:

• They can review your specific case and confirm your eligibility.
• They handle the petition paperwork and filing process for you.
• They represent you at the court expungement hearing.
• They argue to the judge why your record should be cleared.
• They have relationships and experience with local prosecutors and judges.
• If not approved initially, they can file motions to reconsider.
• They know the most up-to-date rules and nuances of Tennessee expungement law.

While it’s possible to apply for expungement on your own, having a lawyer greatly improves the experience and chances of success. For such an important process, legal expertise is invaluable.

How Do I Choose an Expungement Lawyer in Tennessee?

If you decide to hire a lawyer to assist with getting your record expunged in Tennessee, here are some tips on choosing the right one:

• Look for attorneys who specialize in expungements and criminal record clearing.
• Check their experience handling expungements specifically in Tennessee.
• Ask about their success rate – a strong track record helps.
• Inquire about their strategy for building your case and representing you in court.
• Choose someone you feel comfortable with and can afford. Expungement lawyers generally charge $1500-2000.
• Read reviews online from past clients to learn about their experiences.
• Avoid attorneys who make unrealistic promises or pressure you to hire them.

Take your time to research options and find the perfect lawyer for your situation. It’s your future – invest wisely!

What Should I Do If My Expungement is Denied in Tennessee?

If your petition for expungement is denied by the judge in Tennessee, don’t panic! There are still options:

• • Your lawyer can file a motion to reconsider and present additional arguments[5].
  • You may be able reapply after 1 year goes by[5].
  • If denied due to outstanding fines/fees, take care of them and reapply[1].
  • You may be able to appeal the decision to a higher court[5].
  • If your appeal is accepted, the higher court will review the trial court’s decision and look for any legal errors[2].
  • The appeals court does not hold a new trial or take new evidence – they focus on the record from the original trial[3].
  • Possible outcomes if you win the appeal include the higher court reversing the conviction, modifying the sentence, or ordering a new trial[4].
  • You’ll need to act quickly to file a notice of appeal within the deadline, often 30 days or less[5].
  • Filing an appeal does not automatically delay the sentence, unless you request a stay[6].
  • The appeals process can be complex, so working with an attorney experienced in appeals is highly recommended.
  • Even if you win on appeal, the most likely outcome is a remand for a new trial or hearing to correct errors.
  • So while challenging a conviction through appeals has no guarantees, it remains an important legal right.

The appeals process provides an avenue to contest a criminal conviction and sentence if you believe the trial court made serious legal errors. While the bar for overturning a verdict is high, consulting with an appellate lawyer can help you understand if an appeal might be viable in your case.