A misdemeanor on your record can feel like a mistake that never goes away. Even after you have completed your sentence, paid your fines, and moved on with your life, that old charge may continue showing up when someone runs a background check.
An expungement can remove some of the barriers created by a past mistake. However, if you want to expunge a misdemeanor in Tennessee, it is not as easy as filling out a form and waiting for approval.
Here is a look at the process in the Volunteer State.
Know Whether Your Misdemeanor Is Eligible
You need to know whether your offense can legally be expunged. Not every misdemeanor conviction can be removed from a person’s record. Some records that may qualify include:
- Certain misdemeanor convictions listed as eligible under Tennessee law
- Charges that were dismissed
- Cases where you were found not guilty
- Certain offenses resolved through approved diversion programs
However, some misdemeanor offenses are excluded from expungement. Before you file with the court, you need to know whether your specific charge qualifies.
Make Sure That You Have Completed All Court Requirements
Before a court will look at your expungement request, you must have completed the requirements associated with your case. This can include:
- Completing probation
- Paying court costs and fines
- Completing required classes or treatment programs
- Finishing any jail or community service requirements
- Satisfying any restitution obligations
If you still have outstanding requirements, the court may not approve your request.
Collect the Right Information and Documents
Once you have determined that you may qualify, the next step is to collect the information needed to file your petition. In many cases, this includes:
- The county where your case was handled
- Your case number
- The date of your arrest and conviction
- The specific charge you want expunged
- Documentation showing that your sentence was completed
When you have the right information, it can prevent mistakes and missing details that can delay the process.
File a Petition for Expungement
The next step is filing the paperwork with the court that handled your case. Remember that these petitions are filed in the Tennessee court where the charge was resolved.
Your petition will ask the court to review your case and decide whether your record meets the legal requirements for removal.
Sometimes, you may need to pay applicable filing fees. However, certain dismissals or acquittals may be treated differently under Tennessee law.
Wait for the Court’s Decision
After reviewing your petition, the court will decide whether the legal requirements for expungement have been met.
Sometimes, the judge may approve the request without a hearing. In other cases, the court may schedule a hearing before making a decision.
If the court grants the expungement, an order will be issued directing the appropriate agencies to remove the eligible records.
How Long Does Expungement Take in Tennessee?
The timeline for expunging a misdemeanor in Tennessee does vary. This will depend on the county, the complexity of the case, and whether any issues arise during the process.
Some cases may move quickly, while others may take longer, especially if additional documentation is needed or if a hearing is required.
Working with an experienced criminal defense lawyer can help make sure you have accurate paperwork and confirm your eligibility. This can all help prevent unnecessary delays in the process.
Take the First Step Toward Clearing Your Record
You can expunge a misdemeanor in Tennessee, but not all offenses will qualify. This process gives you a chance to move forward without that past charge continuing to follow you.
While you can handle the process yourself, working with an experienced lawyer can help you explore your options. At Easter & DeVore, Attorneys at Law, we are ready to help with your petition. Reach out today to schedule a consultation.
