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Expungement

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.

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    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).

    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.

    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.

    Convictions Not Eligible for Expungement

    • Violent crimes (assault, homicide, aggravated robbery)
    • Sex crimes
    • Crimes involving minors
    • Certain felony drug offenses

    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.

    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.

    Common Questions About Expungement

    Q: How long does the expungement process take?
    A: On average, 2–6 months depending on court schedules and agency response times.

    Q: Can felonies be expunged in Tennessee?
    A: Yes, some Class E felonies (the lowest-level felonies) are eligible, as long as they are non-violent and meet requirements.

    Q: Can multiple charges be expunged at once?
    A: Yes, if charges were dismissed or if you qualify under the two-conviction rule, multiple charges may be included in one petition.

    Q: Does expungement restore my gun rights?
    A: Not necessarily. Gun rights restoration is a separate legal process and may not be granted even after expungement.

    Q: What’s the difference between expungement and sealing a record?
    A: Tennessee uses “expungement,” which permanently removes the record from public view.

    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.