If you have ever had a misdemeanor on your record, it can feel like a heavy weight. That one mistake can pop up when you are applying for jobs, renting an apartment, or trying to move forward. Expungement can help.
In Tennessee, this legal process can wipe some misdemeanors from public view. It can give you back peace of mind and a fair shot at opportunities without your past dragging behind you.
Here is how to expunge a misdemeanor in Tennessee. We will help walk you through what expungement means and some common bumps in the road you might encounter along the way.
What Does Expungement Do?
In short, you are pushing the reset button on your criminal record. Once the court approves an expungement, the misdemeanor disappears from your background. Any checks run by employers, landlords, and most organizations will not show the offense. Along with that, you are legally allowed to say you have not been convicted of that crime.
However, it is different for government agencies and law enforcement. They still have access to the record under certain circumstances. However, for everyday purposes like job interviews or rental applications, it is as if the misdemeanor never existed.
Who Is Eligible in Tennessee?
While expungement can help many cases, some misdemeanors cannot be erased. There are certain guidelines under the law:
- The type of offense: Nonviolent misdemeanors are eligible. However, any crime involving violence, sex offenses, or DUIs is off the table.
- You need to finish your sentence: You will have to complete probation and community service. Plus, you will need to pay every fine and fee tied to your case. Once all that is done, there is a five-year waiting period before you can apply.
- Your record has to stay clean: You cannot have any new convictions during that waiting period. Even something minor can affect your eligibility.
Unfortunately, there is no one-size-fits-all answer. Eligibility is very specific to each case, and what could qualify one person may not qualify for another.
How the Process Works
If you have met the qualifications for expungement, what can you do next? Here is a look at the process:
- Get a copy of your record: You will want to go to the clerk’s office in the county where you were convicted. With your record, you will know exactly what is on file.
- File a petition: After that, you will submit a formal request for expungement in the same court that handled your case. You will need to include your case number and the details of your conviction.
- Pay the filing fee: In most cases, this runs between $100 and $350. If you cannot afford it, you might be able to request a waiver.
- Court review: After that, a judge will review your petition. In some cases, the prosecutor may also provide an opinion.
- The order goes through: If the judge approves, an expungement order is issued and sent to law enforcement and the Tennessee Bureau of Investigation to remove your record from public databases.
In these situations, the timeline can vary. Sometimes, it can take a few weeks, but other times, it may be a few months, depending on the court’s workload and how fast agencies process paperwork.
Challenges That Can Pop Up
Even if you qualify, there are common roadblocks that can stall or derail the process. These can include:
- Old court costs: Any unpaid fines from years ago can sneak up and block your petition until you settle them.
- Multiple convictions: If you have more than one misdemeanor, expungement is possible only under limited circumstances.
- Disclosure surprises: Some professional licensing boards may still ask about your criminal history, even if your record’s been expunged.
- Time and money: Between fees and waiting periods, the process requires patience and a little persistence.
With help from an experienced criminal defense lawyer, you can explore options to help you move past any of these potential hurdles.
Take Those Next Steps
Expungement is about making sure your past doesn’t hold you back. You may qualify for expungement if you have a misdemeanor on your record in Tennessee.
Everyone deserves the chance to grow past their mistakes. Expungement is Tennessee’s way of giving you that second chance.
At Easter & DeVore, Attorneys at Law, we are ready to help you through this process. Reach out to us today to schedule a consultation about your case.
