Nashville Expungement Lawyer | Clear Your Record and Move Forward
A criminal charge can follow you for years, even if the case was dismissed. Background checks are standard for jobs, housing, professional licenses, and even volunteer opportunities. Fortunately, Tennessee law allows certain criminal records to be expunged—completely erased from public view.
If you want to clear your record and start fresh, you need an attorney who understands the process and requirements. Attorney Erik Herbert is an experienced Nashville expungement lawyer who helps clients determine eligibility, file petitions, and present strong cases to the court.
What is Expungement?
Expungement is a legal process that removes arrests, charges, and certain convictions from your public record. Once a record is expunged:
- Employers, landlords, and schools will no longer see the charge in standard background checks.
- Court and law enforcement records are sealed.
- You can legally state that the expunged charge never occurred (with limited exceptions).
Expungement is more than just a legal process – it’s a way to reclaim your future. When a criminal record is expunged, the arrest or conviction is treated as if it never happened by most institutions. This legal remedy can open doors that were previously closed and restore opportunities that seemed unattainable.
The expungement process differs significantly from record sealing. Sealed records still exist and can be accessed by certain government agencies and law enforcement. However, expunged records have been effectively destroyed or removed from public databases. This difference is crucial for individuals seeking complete relief from past mistakes.
Why Expungement Matters in Tennessee
A criminal record can create roadblocks in almost every area of life:
- Employment: Many companies reject applicants with criminal histories.
- Housing: Landlords often refuse rental applications.
- Education: Some schools deny admission or financial aid.
- Professional Licenses: Nurses, teachers, real estate agents, and others face restrictions.
- Reputation: A charge or conviction—even if years old—can damage your standing in the community.
Expungement gives you the chance to move forward without these burdens.
In addition to these practical barriers, having a criminal record can take an emotional toll on individuals. Many people report feelings of shame, anxiety, and hopelessness when they are repeatedly confronted with their past during application processes. The psychological burden of knowing that one mistake could determine their future opportunities creates long-lasting stress that affects their mental health and relationships with family and friends.
In today’s digital age, access to criminal records has become more widespread than ever before. With the advent of online background check services, it has become easier for anyone to access public records. This means that your criminal history can affect not only formal applications, but also your personal relationships and involvement in the community. Expungement can help restore privacy and dignity in this increasingly transparent world.
Understanding the Bail and Bond Process in Davidson County
Who is Eligible for Expungement in Tennessee?
Dismissed or Not Guilty Cases
If your charges were dismissed, you were found not guilty, or the case was never prosecuted, you are eligible for immediate expungement at no cost.
Convictions Eligible for Expungement
Certain non-violent misdemeanor and felony convictions can be expunged if you meet all requirements:
- At least 5 years have passed since the completion of your sentence.
- All fines, fees, and restitution are paid.
- You have no pending charges.
- You have no more than two eligible convictions on your record.
It’s important to note that the five-year waiting period starts not from the date of your conviction, but rather from the completion of your full sentence. This includes any time you served in jail, probation, community service, and any financial obligations you have fulfilled. Many people make the mistake of thinking they are eligible for relief earlier than they actually are. That’s why it’s crucial to consult with an experienced lawyer to ensure you understand the correct timeline.
Convictions Not Eligible for Expungement
- Violent crimes (assault, homicide, aggravated robbery)
- Sex crimes
- Crimes involving minors
- Certain felony drug offenses
Tennessee law strictly limits which offenses can be expunged, balancing rehabilitation opportunities with public safety concerns. If your conviction is in an ineligible category, a lawyer can explore alternative options, such as applying for a pardon from the governor or obtaining a certificate of rehabilitation. While these options do not remove the record, they can demonstrate your changed character to potential employers.
Tennessee Expungement Laws
Expungement eligibility is governed by Tennessee Code Annotated § 40-32-101. The law has changed several times in recent years, expanding the list of offenses that can be expunged. An attorney can review your specific record to determine what qualifies.
In recent years, legislative changes have reflected a growing recognition of the need for second chances for people. Reforms have expanded eligibility for certain offenses and shortened waiting periods for some cases. However, this evolution of laws has also created complexity, as what was not eligible five years ago may now be eligible. Keeping up with these changes requires legal expertise, which many individuals do not possess.
The Expungement Process in Nashville
Step 1: Eligibility Review
Attorney Erik Herbert will analyze your record to confirm which charges may qualify.
Step 2: Filing the Petition
If eligible, a formal petition is filed with the Davidson County Criminal Court. This petition includes proof of completed sentence, payment of fines, and supporting documentation.
Step 3: Court Review
A judge reviews the petition. In some cases, a hearing may be scheduled where Erik can argue why expungement should be granted.
Step 4: Expungement Order
If approved, the court issues an order directing law enforcement agencies to remove the record. The process typically takes several weeks to months.
Costs of Expungement
- Dismissed/Not Guilty Cases: Free in Tennessee.
- Eligible Convictions: $100–$350 filing fee (varies by county).
- Attorney Fees: Additional cost for preparing, filing, and arguing the petition.
While there is an upfront cost, the long-term benefits of expungement—access to jobs, housing, and peace of mind—far outweigh the expense.
Consider the financial impact of not pursuing expungement. Studies have shown that individuals with a criminal record earn significantly less over their lifetime compared to those with a clean record – often tens of thousands of dollars per year. When viewed as an investment in your earning potential and future opportunities, the cost of expungement seems like a small price to pay for substantial returns.
Learn More About Orders of Protection
Why Hire Erik Herbert for Your Expungement Case?
- Knowledge of Tennessee Law: Erik stays up to date with the latest changes in expungement eligibility.
- Efficient Process: He handles all paperwork, filings, and court appearances.
- Local Experience: Familiar with Davidson County courts and procedures.
Personalized Guidance: Every case is reviewed individually—no cookie-cutter approach.
If a past mistake or dismissed charge is holding you back, now is the time to clear your record. Expungement can open doors to new opportunities and give you the fresh start you deserve.
Contact Nashville expungement lawyer Erik Herbert today for a confidential consultation.
Common Expungement FAQs
Most dismissed charges and “not guilty” verdicts can be expunged. For convictions, only certain non-violent misdemeanors and Class E felonies (the lowest-level felony) are eligible, provided you meet strict waiting periods and other requirements. Violent crimes, sex offenses, DUIs, and crimes against children are generally ineligible for expungement.
You must wait at least five years from the date you completed your entire sentence, including probation, parole, and payment of all fines and restitution. The clock does not start until every condition is fully satisfied, and you must have no new criminal charges pending during this period.
Expunging a dismissal or acquittal is free (no filing fee). Expunging an eligible conviction requires a state filing fee (currently $100-$350 depending on the county). Attorney fees are an additional, separate cost for preparing, filing, and managing the legal petition.
Yes. Once a Tennessee court grants an expungement order, the record is sealed and removed from public view. It will not appear on standard background checks for employment, housing, or licensing. You may legally state you were not arrested or convicted for that charge, with very limited exceptions for certain government positions.
To be eligible to expunge a conviction, you generally cannot have more than two total eligible convictions on your entire criminal record. This includes convictions from other states. If you have three or more, you are typically ineligible. An attorney can review your full history to confirm your status under this rule.
You can file pro se (on your own), but the process is detail-oriented and mistakes can lead to denial or significant delays. A lawyer ensures accurate eligibility screening, proper completion of complex forms, correct filing with multiple agencies, and effective presentation to the court, greatly increasing your chance of success.
Related Articles
-
What Are the Penalties for Violent Crime Convictions in Tennessee?
If you’re facing a violent crime charge, the weight of the unknown can be heavy. Most people are worried about the consequences. They might be asking themselves, “What are the penalties for violent crime convictions in Tennessee?” The reality is that penalties vary based on the exact offense, your criminal history, and the facts of…
-
What Happens After a First-Time Theft Arrest?
If you’ve never been in trouble before, getting arrested can bring up a wave of concerns and thoughts. You may be worried about your job, your family, and whether this will follow you forever. The fear of the unknown is often the hardest part. What happens after a first-time theft arrest? Yes, this charge is…
-
False Domestic Violence Accusations: What Are Your Legal Options?
When you are accused of domestic violence, that can have immediate consequences. Even with a false allegation, you could face arrest, removal from your home, and loss of access to your children. Plus, there is damage to your reputation and a permanent mark on your record if the case is not handled correctly. Unfortunately, the…
