Tennessee Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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Additional fees and procedures must also be taken if you are attempting to expunge a Tennessee criminal conviction. Once an Order is filed to have the records relating to your charge expunged, it may take as long as 2 to 6 months to complete your expungement, depending on the circumstances of your case.

Significantly, though, instead of becoming eligible for expungement five years after a person's sentence concludes, to expunge a now-eligible C or D felony conviction, a person has to wait ten years after their sentence concluded to petition to expunge the charge. An amendment to Tenn. Code Ann.

Charges that were "Dismissed", ''Nolle Prosequi", "No True Bill", or verdict of "Not Guilty" are eligible for expungement at no cost to defendant. Charges that were on "Diversion" (Pretrial or Judicial) are subject to additional fees, as are conviction expungements.

The ultimate effect of this reform is that anyone who has previously committed a non-violent offense?regardless of when it occurred?is now eligible to seek expungement of the record upon receiving a positive vote from the Board of Parole and receiving a pardon from the Governor.

Petitioner must wait at least 5 years after completion of a sentence when applying to expunge a misdemeanor or Class E felony. Petitioner must wait at least 10 years after completion of sentence when applying to expunge a Class C or Class D felony.

Not all charges and convictions can be expunged in Tennessee. Some charges that cannot be expunged include severe felonies, sex crimes, and certain types of DUIs. However, misdemeanors, non-violent felonies, and many drug offenses may be eligible for expungement.

You may be eligible for free expungement in Tennessee if: You had charges against you dismissed. A ?no true bill? was returned by a grand jury. You were arrested and released without being charged. You went to trial, which resulted in a not guilty verdict.

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Tennessee Motion to Expunge Criminal Offender Record due to Charges having been Dismissed