If you have been convicted of a prior misdemeanor or felony, you may be eligible to have your conviction expunged if certain factors are met. Expunction is the literal destruction of a court’s file that results in a conviction being removed from a person’s criminal record. If your conviction
is expunged, it will not appear in any government agency’s database. Private data servers, however, are different. It may take an extended period for a criminal record to be deleted from private data server, since they do not update as often.
What crimes are eligible for expunction?
First, you must have been convicted of an expungable offense. Not every offense is able to be expunged. For instance, DUI convictions are not eligible to be expunged from a person’s record in Tennessee. Some common misdemeanor offenses excluded from the expungable offense list are as
follows:
Domestic assault
Violation of protective order or restraining order
Possession of a firearm while order of protection is in effect
Unlawful sexual contact by an authority figure
Patronizing prostitution from a person under 18
Aggravated criminal trespass
Child abuse
Child neglect and endangerment
Stalking
Possession of a firearm after domestic assault conviction
Assault
Indecent exposure
Public Indecency
As for felony convictions, only some E, D, and C felonies are eligible for expungement. There are no B felony or A felony convictions eligible for expungement. Some common E felony convictions that are expungable are as follows:
Theft
Forgery
Criminal simulation
Accessory after the fact
Worthless checks
Burglary of an automobile
Vandalism
Evading arrest where there was no risk to bystanders
Manufacture/sale/deliver of schedule V drug
Manufacture/sale/deliver of marijuana
Drug paraphernalia
Some common D felonies that are eligible for expunction are as follows:
Theft
Forgery
Criminal simulation
Fraudulent use of a credit card
Identity theft
Manufacture/sale/deliver of a schedule III drug
Manufacture/sale/deliver of marijuana
Some common C felonies that are eligible for expunction are as follows:
Theft
Forgery
Criminal simulation
Fraudulent use of a credit card
Vandalism
Manufacture/sale/deliver of schedule II, cocaine or methamphetamine, less than .5
grams
Manufacture/sale/deliver of marijuana
*These lists are non-exhaustive
I think my charge is eligible for expunction, what do I do next?
If you believe the charge you were convicted for is eligible for expunction, the next thing to look at is time. For misdemeanors and E felonies, at least 5 years must have passed after the completion of your sentence. For D felonies and C felonies, at least 10 years must have passed after the completion of your sentence. For example, if you were convicted in 2020 of Simple Possession of Marijuana, an eligible class A misdemeanor, and received a sentence of 11 months and 29 days on probation, only after the completion of your sentence in 2021 would the 3-year time clock begin for expungement. Meaning, it would be eligible for expunction in 2024, 3 years after the completion of your sentence. For D and C felony convictions, this could result in a long period of time before your conviction is eligible for expunction.
My charge is eligible for expunction and the appropriate amount of time has passed, what do I need to do next?
There are other factors that determine if your conviction is eligible for expungement. For example, all your court costs, fines, and restitution (if applicable) must be paid prior to your conviction being expunged. Furthermore, you must have complied with all the terms of your sentence or probation. For example, if you were asked to take an anger management class, that must be completed prior to petitioning for expungement. Lastly, you cannot have any ineligible convictions on your record prior to the conviction you are seeking to have expunged. For example, if you were convicted of a DUI in 2010, and a Simple Possession of Marijuana charge in 2015, you would not be able to expunge the Simple Possession of
Marijuana charge based on the prior ineligible conviction (DUI).
Expungements are complex, and many factors go into whether a person can have their conviction expunged. Expungement petitions must be filed with the court where the conviction took place. If you have a prior conviction you want to try and expunge, call our office to set up an appointment today!
Elizabeth Stovall