what felonies can be expunged in tennessee

3 min read 27-12-2024

what felonies can be expunged in tennessee

Tennessee offers a path towards a clean slate for some individuals with felony convictions through the expungement process. Understanding which felonies are eligible is crucial. This article details the types of felonies that may be expunged in Tennessee, the process involved, and important considerations. Knowing whether your felony is eligible for expungement is the first step towards regaining opportunities.

Understanding Tennessee's Expungement Law

Tennessee's expungement law, found in Tennessee Code Annotated § 40-36-101 et seq., allows for the sealing of certain criminal records. This means the records are not destroyed but become inaccessible to most, including potential employers and landlords. It's crucial to understand that not all felonies are eligible for expungement. The law specifies certain criteria that must be met.

Felonies Eligible for Expungement

Several factors determine eligibility, including the type of felony, the length of time since the conviction, and whether the individual has any other criminal history. Importantly, some felonies are never eligible for expungement. These often include violent crimes and sex offenses.

Eligible Felonies: The law generally allows for expungement of certain non-violent felonies, after a specific waiting period. This waiting period often varies depending on the severity of the felony. Consult a legal professional for specifics relating to your case.
Ineligible Felonies: Crimes of violence, sex offenses, and certain drug-related felonies are usually excluded from expungement. The specific list of ineligible offenses is outlined in the Tennessee Code Annotated. A legal expert can provide guidance on whether your specific felony is eligible.
Waiting Period: Even for eligible felonies, a significant waiting period usually applies before an expungement petition can be filed. This waiting period can range from several years to a decade or more, depending on the circumstances.

Factors Affecting Eligibility

Beyond the type of felony and waiting period, other factors can impact eligibility. These include:

Prior Criminal History: Having multiple prior convictions might make expungement more difficult or impossible, even for eligible felonies. A clean record after the initial conviction significantly increases the chances of successful expungement.
Successful Completion of Probation or Parole: If the felony conviction involved probation or parole, successful completion is often a prerequisite for expungement. Failure to complete probation or parole can severely hinder the chances of having the record expunged.
Outstanding Fines or Fees: Any outstanding fines, court costs, or restitution associated with the felony must be paid in full before an expungement petition will be considered. Unpaid balances can be a major obstacle in the process.

The Expungement Process in Tennessee

The expungement process involves filing a petition with the court where the conviction occurred. This petition must meet specific legal requirements, including:

Detailed Information about the Conviction: The petition must precisely identify the case, the court, and the date of the conviction. Accurate and complete information is crucial for a successful petition.
Demonstration of Eligibility: The petition must clearly demonstrate that the felony is eligible for expungement and that all requirements have been met. Evidence supporting eligibility must be included.
Background Check: A background check will be performed as part of the expungement process. This verifies that the applicant meets all eligibility criteria. Any discrepancies may delay or prevent expungement.
Court Hearing: There's usually a hearing before a judge, where the applicant can present their case. The judge will then decide whether to grant the expungement.
Legal Representation: It's strongly recommended to seek legal assistance from an experienced attorney specializing in expungements. An attorney can navigate the complexities of the legal process and increase the chances of a successful outcome.

Seeking Legal Counsel

Navigating Tennessee's expungement laws can be complex. Consulting with a qualified attorney specializing in criminal law and expungements is essential. They can evaluate your specific situation and determine whether your felony is eligible for expungement. They can also guide you through the necessary steps to file your petition effectively.

Conclusion

While Tennessee offers expungement for some felonies, the process is intricate and specific to each case. Understanding eligibility requirements and the steps involved is critical. Obtaining legal advice ensures a smoother process and maximizes the chances of successfully obtaining expungement and moving forward with a clean record. Remember that even if your felony is eligible, success isn’t guaranteed. Thorough preparation and legal counsel are key to navigating this process effectively.