Tennessee Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

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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FAQ

Upon petition by a defendant in the court that entered a nolle prosequi in the defendant's case, the court shall order all public records expunged. If the person charged or convicted is deceased, the petition may be filed by a person who is able to establish legal authority to act on the behalf of the deceased person.

If you were charged with a DUI, but the charge was dismissed or otherwise did not result in a conviction, your record can be expunged. Additionally, if you were initially charged with a DUI but convicted of a lesser offense, often reckless driving or reckless endangerment, your record may be expunged.

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.

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.

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.

You must wait 5 years to file a petition for expungement of your Tennessee conviction. A petition to have your crime erased from your Tennessee criminal history may be filed 5 years after the completion of your sentence. You must complete all court obligations associated with the crime prior to expungement.

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.

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Tennessee Motion for New Trial for Purpose of Expunging Criminal Record