After a case is over, a criminal record can continue to affect your life. Even years after an arrest or conviction, you might have a background check, and that could reveal information that impacts employment opportunities, housing applications, professional licensing, and other important areas of life.
Is there a way to expunge your criminal record in Tennessee? If you are wondering whether you qualify and how it works, here’s what you need to know about the process and eligibility requirements.
What Is Expungement?
Expungement removes certain criminal records from public access. Once a record is expunged, it is treated as though the arrest or criminal proceeding never occurred in most cases.
However, not every criminal record qualifies for expungement. Eligibility will depend on a few factors, including the outcome of the case and the type of offense involved.
Who Qualifies in Tennessee?
Under Tennessee law, someone can be granted expungement in several different situations.
Dismissed Cases
Many people are eligible for expungement if their criminal charges were dismissed. So, if a case was dropped, dismissed by the court, or resolved without a conviction, you may be able to have those records removed from public view.
Acquittals and Not Guilty Verdicts
Individuals who were found not guilty at trial are eligible to seek expungement of the charges related to that case.
No True Bill Cases
If a grand jury declines to issue an indictment, that is also known as a “no true bill.” As a result, all associated records may also qualify for expungement.
Participating in Diversion Programs
Individuals who complete a qualifying diversion program may become eligible for expungement after meeting all program requirements.
For example, judicial diversion can provide a path to expungement for some first-time offenders. However, they must complete probation and comply with court-ordered conditions.
Certain Criminal Convictions
Tennessee law also allows expungement for some criminal convictions. However, eligibility is more limited than it is for dismissed charges or diversion cases. In these cases, individuals seeking expungement of an eligible conviction must complete all terms of their sentence, satisfy applicable waiting periods, and meet other statutory requirements.
How Does the Process Work?
The exact steps will depend on the type of case involved. However, expungement requires filing the appropriate paperwork with the court. This includes:
- Obtaining copies of criminal records
- Determining eligibility
- Filing a petition or request for expungement
- Paying any required filing fees
- Attending court proceedings
- Receiving a court order approving the expungement
Once an expungement is granted, the court and agencies are directed to remove, destroy, or update the eligible records.
Since procedural mistakes can delay or complicate the process, many individuals reach out to an experienced expungement lawyer in Tennessee for help.
What Are the Benefits?
When you are granted an expungement, that can provide plenty of benefits. These advantages may include:
- Improved employment opportunities
- Better housing prospects
- Reduced stigma associated with a criminal record
- Greater confidence during background checks
- A stronger opportunity to move forward after a past mistake
For many people, expungement represents more than a legal procedure. This is an opportunity to put a difficult chapter behind them and focus on the future.
Taking the Next Step in Your Life
Now that you know how to expunge your criminal record in Tennessee, you can take those next steps. If a conviction is affecting your ability to find employment, secure housing, or move forward with your life, you may want to explore this option.
This is an opportunity for certain individuals to clear eligible arrests, charges, and convictions from their records. Unfortunately, the process can be complicated and dependent on the facts of each case.
For that reason, you want to reach out to Erik Herbert Law. We can help you know whether you qualify and guide you through the expungement process. This is the first step towards a new future. Schedule a consultation today to find out how we can help you get started.
