A Guide to Expungement in Tennessee
A criminal record can cast a long shadow over your life, hindering your ability to secure employment, housing, and even educational opportunities. Fortunately, Tennessee law offers a path toward a fresh start through expungement.
What is expungement?
Expungement is a legal process that allows eligible individuals to have certain criminal records sealed or erased from public view. Upon successful expungement, the arrest or conviction is no longer accessible through background checks conducted by most potential employers, landlords, or licensing boards.
Expungement offers a variety of benefits for those who qualify:
- Enhanced employment opportunities: A clean record can significantly improve your chances of landing a job, especially in fields with strict background check policies.
- Improved housing prospects: Landlords are less likely to deny your application based on a past criminal record if it’s been expunged.
- Educational advancement: Certain academic programs or professional licenses might require a clean record. Expungement can open doors to further education and career advancement.
- Peace of mind: Expungement allows you to move forward with your life without the burden of a public criminal record.
Understanding eligibility for expungement in Tennessee
Not everyone qualifies for expungement. Here are the key factors determining your eligibility:
- The nature of the offense: Generally, only misdemeanors and certain non-violent felonies are eligible for expungement. More serious offenses like violent crimes or sex offenses are typically not eligible.
- Completion of sentence: You must have completed any court-ordered sentence, including probation, parole, or community service, before petitioning for expungement.
- No pending charges: You cannot have any outstanding criminal charges against you at the time of filing the expungement petition.
- Waiting period: The waiting period to petition for expungement varies depending on the nature of the offense. For misdemeanors, it’s typically five years after completing your sentence. For certain non-violent felonies, the waiting period can be longer, up to 10 years.
The expungement process
The expungement process in Williamson County involves several steps:
- Gather necessary documents: Collect documents related to your arrest and conviction, including court documents, police reports, and proof of completing your sentence.
- Draft and file a petition for expungement: Our attorneys can assist you in drafting a petition outlining the details of your case and requesting the court expunge your record.
- Serve notice to relevant parties: The District Attorney’s office and any victims associated with the case may need to be notified of your expungement petition.
- Court hearing: A judge will review your petition and arguments presented by your attorney. The judge has the discretion to grant or deny your request for expungement.
- Order of expungement: If your petition is granted, the court will issue an order officially expunging your record.
How can an attorney help with the expungement process?
While it’s possible to work through the expungement process on your own, seeking the guidance of an experienced Franklin criminal defense attorney is highly recommended. Here’s why:
- Understanding eligibility: Our attorneys can assess your specific case and determine your eligibility for expungement.
- Completing the paperwork: The legal process can be complex. Your attorney can ensure your petition is drafted accurately and filed correctly.
- Representing you in court: Our attorneys can effectively advocate for your case during the court hearing, increasing your chances of a successful outcome.
While the core process does remain consistent, here are some additional factors to consider:
- Juvenile records: Expungement of juvenile records is possible in Tennessee, but the process differs from adult expungement.
- Open cases vs. dismissed cases: If your case was dismissed without conviction, expungement might not be necessary. However, an attorney can advise you on the best course of action.
- Cost of expungement: Court filing fees and attorney fees are associated with the expungement process.
In some cases, expungement might not be an option. However, Tennessee law also offers record restriction. Record restriction allows you to petition the court to limit who can access your criminal record. While not as comprehensive as expungement, record restriction can still provide some protection for your privacy. Our attorneys can advise you as to whether record restriction is a viable alternative in your situation.
Expungement can be a life-changing opportunity, offering a path towards a brighter future. However, navigating the legal complexities and maximizing your chances of success often requires a skilled and knowledgeable attorney. The experienced criminal defense attorneys at Adrian H. Altshuler & Associates are well-versed in expungement laws in Williamson County. We understand the intricacies of the process and are dedicated to helping you achieve a clean record.
Don’t let a past mistake define your future. At Adrian H. Altshuler & Associates, our Franklin expungement attorneys are here to help. Contact us today for a consultation to discuss your eligibility and explore your path to a clean record. We can fight for your fresh start – call now. To schedule a confidential consultation, call or contact our offices to talk with a skilled criminal defense lawyer. We have locations in Franklin, Brentwood, and Columbia and are here to help.