Planning to petition the court for an expungement in Tennessee? Ten things you should know prior to filing the petition.
Expungements: Giving People a Second Chance
A criminal record can make life difficult. Often, having a criminal record can hinder your chances of getting a job or finding a place to live. That is because employers and landlords commonly perform background searches. An expungement gives those with a criminal record the opportunity to seal their arrest and conviction records away from the public. In 2012, Tennessee updated its laws and regulations concerning petitions for expungement. Our criminal defense attorneys compiled a list of things everyone applying for expungement should know.
10 things you should know before petitioning for expungement
- Only people who have one criminal conviction are eligible. Also, this includes convictions in other states.
- Tennessee expungement laws apply to Class E Felonies and Class A Misdemeanors, but does not apply to all cases and convictions.
- Moreover, if an individual’s petition for expungement is rejected, they must wait two years before retrying with another petition.
- Each time an individual submits a petition for expungement, they must also pay $350 to the court clerk. It may require extra costs, too.
- However, you must pay in full all fines and charges associated with the conviction beforehand.
- A conviction can not be expunged until five years has passed since the end of the sentence.
- Just because an expungement removes a criminal conviction from public records, it does not mean it is also removed from police records.
- Most noteworthy, a petition must be filed at the same Tennessee court in which the conviction took place.
- An expungement may allow you to obtain a handgun carry permit.
- These rules and regulations for petition of expungement were put into place on July 1, 2012.
→ BLOG: A Big Change to Expungement Laws in Tennessee
→ Tennessee State Courts: A Guide to Expungements