If you have a criminal conviction on your record, you might think there’s nothing you can do about it. But unfortunately, every time a background check comes up, that old conviction is still there. So, can a criminal charge be expunged if you were convicted?
In the state of Tennessee, that conviction does not have to follow you forever. There are certain criminal convictions that may be eligible for expungement. Here are a few points to see if you qualify.
What Is Expungement?
Expungement removes an eligible criminal record from public access. If someone was arrested but never convicted, this may be available after a case is dismissed or the person is found not guilty. But Tennessee law also allows certain convictions to be expunged.
When you are convicted, that does not mean you’re stuck with that record for the rest of your life.
Can a Conviction Actually Be Expunged in Tennessee?
This can happen under certain circumstances. In some cases, certain misdemeanor and felony convictions can be expunged if the person meets the requirements established by law.
For example, eligible misdemeanors and Class E felonies require a five-year waiting period after the person completes their sentence. Those with Class C and Class D felonies will have a 10-year waiting period.
What Convictions Can Be Expunged?
Tennessee does not allow every conviction to be expunged. The state has a specific list of offenses that may qualify, including certain misdemeanors and some Class C, D, and E felonies.
But the type of offense is only part of the story. Many times, there are two cases that sound similar but may have very different outcomes under Tennessee’s expungement laws. The exact statute you were convicted under, the date of the conviction, your sentence, and your other criminal history all play a role.
What If You Have More Than One Conviction?
You are not automatically disqualified, but the road is tougher. Under the law, a person may be able to seek expungement of up to two eligible offenses. This is two eligible misdemeanors, or one eligible felony and one eligible misdemeanor, but not two felonies. There are other requirements that can apply, including restrictions on certain offenses and when they occurred.
In these cases, you need to look at your entire criminal record. This is why you need an experienced expungement attorney to review your record and see whether your convictions meet the applicable requirements.
You Also Have to Complete Your Sentence
Along with that, you must have completed the sentence associated with the conviction. Depending on your case, this can include completing probation or incarceration. And you must meet financial obligations such as fines, court costs, or restitution.
If you still owe money or have not completed another requirement of your sentence, you may need to address that before pursuing expungement.
How Does the Tennessee Expungement Process Work?
Expungement is never automatic. If you believe your conviction qualifies, you will need to file a petition with the court. The court will review the petition and see whether the legal requirements have been satisfied.
If the petition is granted, the records covered by the expungement are removed from public access as provided by Tennessee law. That can be a big step for someone who has spent years trying to move forward from an old mistake.
Don’t Assume Your Record Is There Forever
Can a criminal charge be expunged if you were convicted? Yes, but you will have to meet a few qualifications.
If you have a Tennessee conviction from several years ago, you might want to see if you’re eligible for expungement.
At Erik Herbert Law, we can take a look at your conviction, your criminal history, and when you completed your sentence. From there, we can see if Tennessee expungement may be an option for you. Reach out today to get started.
