Tuesday, January 12, 2016

Need Your Criminal Record Expunged? Here's How!

 For many people with a criminal record, their convictions affect future employment and business opportunities. For people charged with felonies, their criminal record prevents them from owning a firearm or traveling outside the country. Having a clean criminal record is also important due to many apartment and housing complexes requiring a background check before allowing a person to live there.

  In order to avoid all of the above obstacles, you should attempt to have your record expunged as soon as possible, depending on your case. Expungements in Tennessee are governed under the statute T.C.A. 40-32-101. This statute states that in order to be eligible for expungment, defendant must have:
  • No other convictions in any jurisdiction, 
  • Have completed all terms of probation, parole or imprisonment must be completed and 5 years must have lapsed since the completion of the sentence, 
  • Have met all conditions of release, 
  • Have a copy of the record of the conviction to be expunged, 
  • Have paid all fines, restitution and court costs, 
  • Conviction must be for a Class E felony included on the inclusion list or a misdemeanor not included on the exclusion list, and
  • You must have a government issued ID. 
  The list of included and excluded offenses can be found on the Tennessee District Attorney's website: http://www.tndagc.com/expunge/Expungement%20Checklist.pdf.

  Once you find out if you are eligible for expungement, you must petition the court for an expungement. The form for the petition can be found on the Chancery Court's website: http://rcchancery.com/forms.htm. You must also pay the expungement fee to the appropriate court clerk's office. 

  A licensed attorney experienced in criminal law can assist you in having your criminal record expunged. Contact our office at (615) 890-2399 for assistance with your case.