Having a criminal record can be extremely damaging. Employers, landlords, creditors, and other individuals can access it; consequently, you can be denied employment, housing, credit, and more. Under certain circumstances, however, a criminal record can be erased if you can successfully petition for an order of expunction.

Expungement is the legal process in which courts seal and eliminate an individual’s arrest and/or conviction record, thus hiding it from the general public. In all fifty states, including Tennessee, once an individual’s record is expunged, employers, landlords, creditors, and others usually cannot access the record. (They might able to access an expunged record under certain circumstances.) Thus, when an individual with an expunged record is filling out a lease or credit form and reaches the question whether he or she has been arrested or convicted for a crime, he or she legally can select the “No” option.

Am I eligible to have my record expunged?

Not every person with a record will be eligible to have their record expunged. If you are charged with or convicted of a felony in Tennessee, a judge generally will not seal or expunge your records. You may be eligible, however, if you fit any of the following criteria:

• You successfully completed a pretrial or judicial diversion period
• You had charges against you dismissed
• A ‘no true bill’ was returned by a grand jury
• Pursuant to Tenn. Code Ann. § 40-32-101(g), (h), and/or(k), you are eligible to have a prior conviction for certain misdemeanors and Class E felonies expunged
• You were arrested and released without being charged
• You went to trial, which resulted in a not guilty verdict
• The case resulted in a nolle prosequi (prosecution will not be pursued)

• An order of protection was successfully defended and denied by a court following a hearing

(TNCourts.gov)

Please note that not every crime can be expunged from your record. Certain felonies are not subject to expungement at all.

Sealing your record of juvenile offenses in Tennessee

While many juvenile records are sealed, expungement is a different story.  Juvenile cases are in a class of their own, and the types of offenses that can be expunged from juvenile records differ among jurisdictions. Typically, the individual who petitions the court to grant record expungement must be at eighteen years old. A certain period of time must pass before the juvenile record is sealed, too; the time period is dependent on the type of offense committed. However, if you committed a serious felony, or have an adult record of convictions, your request to seal your juvenile records may be denied.

Juvenile records, once expunged, are destroyed completely.

Requesting a pardon

Lastly, you can request executive clemency from the governor (though Governor Haslam has never issued a pardon since he has taken office). In order to be eligible for consideration:

1. “Petitioner has been neither convicted, nor confined under sentence, nor placed under community supervision within five (5) years since the completion of the sentence(s) from which he seeks a pardon; and
2. Petitioner has demonstrated good citizenship since the completion of the sentence(s) from which he seeks a pardon, which shall mean both specific achievements and incident-free behavior; and
3. Petitioner has demonstrated, with proper verification, a specific and compelling need for a pardon.”

(Board of Parole, Application for Pardon)

Having your criminal record expunged may seem simple, but it takes a skilled Sevierville criminal defense attorney to prepare the documents and make your case. Delius & McKenzie, PLLC may be able to help. You can reach us by calling 865-428-8780 or by filling out our contact form. We proudly serve clients in and around Sevierville, Seymour, Gatlinburg and Pigeon Forge, and in the surrounding areas.