We all made mistakes in our youth. Young people tend to think they are invincible and often can’t see the repercussions of a “mistake” that involves the law. But flash forward to now. Suppose you have gotten your life on track and your looking forward to getting a good job and having a positive future – but your criminal record is hanging over your head. You know that given the opportunity you would not make the same stupid choices you made when you were young, but, as they say, “you cannot change the past.”

Well, maybe you can. Many people who have had a prior criminal conviction in Tennessee have gotten their record expunged successfully. If you are making positive changes in your life, seeking better employment opportunities, working toward improving your credit or applying to college, there may be an option available to you to remove the huge barrier that a criminal conviction represents in your background.

What you should know about expunging a record

A relatively new law in Tennessee provides an opportunity for upstanding Tennesseans to have certain misdemeanor and Class E felony convictions expunged. Not every crime can be expunged from your record; for example, a conviction of a sexual offense (violent or non-violent) can never been removed (barring a complete reversal of the conviction by the courts due to incontrovertible evidence). In other cases, a person cannot have his or her record expunged if:

• “The person is charged with an offense, is not convicted of the charged offense, but is convicted of an offense relating to the same criminal conduct or episode as the charged offense, including a lesser included offense; or
• The person is charged with multiple offenses or multiple counts in a single indictment and is convicted of:
  • One (1) or more of the charged offenses or counts in the indictment; or
  • An offense relating to the same criminal conduct or episode as one (1) of the offenses charged in the indictment, including a lesser included offense.”

But if, for example, you were charged with one count of Class E felony forgery, and you have served no more than three years for the crime, you may be able to petition to that conviction deleted from your record.

What does it mean to have a criminal record expunged in Tennessee?

You might think that expungement means wiping the proverbial slate clean, and it does – kind of. Once you’ve had your record expunged you can legally say that the arrest or the charge never happened; however, the Tennessee Bureau of Investigations retains information regarding the expungement. Any opinions issued on the subject as well as any history of arrests you might have may remain on file and available to the public. An expungement has to be done right to assure that a past mistake doesn’t become public record at an inopportune moment.

There are certain crimes that are eligible for expungement and another list of convictions for which you are not eligible for expungement. You must have only one conviction, and that must have been a first offense. If the crime was non-violent, not a DUI, not a sex crime or a crime against children, you may be eligible. If it has been at least five years after the completion of your sentence, you have paid all of the court fees and fines associated with your case, you have satisfied all of the conditions of your probation, and you have maintained a clear record, your first step is to contact a Sevierville criminal defense attorney at the Law Office of Bryan E. Delius. Arrange a consultation where you can discuss your case, we can review your record and help you petition the court if you meet all of the eligibility requirements. We are proud to serve clients in Sevierville, Pigeon Forge and Gatlinburg.