Examples include carjacking, sex trafficking, and money laundering. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. You were arrested and released without being charged. 39-14-103 Theft of property; 39-14-104 Theft of services; 39-14-112 Extortion; 2002). However, a pardon may be helpful in connection with employment and licensing decisions. 40-28-103. By statute, conviction of a felony renders an individual infamous, and disqualified from voting. 40-29-101(a). See Tenn. Code Ann. From 2003 to January 2011 (Governor Phil Bredesen), the Board received 221 pardon applications, granted 16 hearings, and recommended 15 cases favorably. (x) Section 39-14-121Worthless checks; 40-28-103. For additional eligibility requirements, please click here. App. 40-27-101 states that the governors power is subject to the regulations provided in this chapter, which require the governor to keep a record of the reasons for each clemency grant and associated documents, and submit the same to the general assembly when requested. Id. App. (615-532-8148) 40-29-105; however, only expungement restores rights where the offense involved violence or drug-trafficking (see below). (xxxiii) Section 39-17-417(g)(1)Manufacture, delivery, sale, or possession of not less than one-half ounce ( oz.) 40-29-107(b). Find the best ones near you. In addition, persons convicted of certain misdemeanors are prohibited from obtaining a permit to carry a handgun. The decision should be based on whether the grant of diversion will serve the ends of justice for both the public and the defendant. Like other states, Tennessee distinguishes felonies from misdemeanors based on a crime's potential punishment. Convictions for a felony are less likely to be eligible for expungement than a misdemeanor. 40-32-101(a)(1). Sex offenses, DUI, 40-35-313(b). 40-29-107(a). What charges can be expunged in Tennessee? WebProvided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate. See 40-32-101(k) (added by HB-873 (2017)). See Tenn. Code Ann. A petition to have your crime erased from your Tennessee criminal history may be filed 5 years after the completion of your sentence. The public records shall be removed from the relevant electronic databases of the national crime information center system and similar state databases, and the person shall be entered into the Tennessee bureau of investigations expunged criminal offender and pretrial diversion database with regard to the offenses removed pursuant to this subsection (j). State v. The Tennessee Constitution provides that persons convicted of an infamous crime shall not be permitted to register to vote. . The petition must include a statement of criminal and employment history, references and endorsements, and a statement of why the petition should be granted. . Tenn. Code Ann. The confidential record is only accessible to the district attorney general, the defendant, the defendants attorney, and the circuit or criminal court judge. Id. (b)The Tennessee bureau of investigation shall remove expunged records from the persons criminal history within sixty (60) days from the date of receipt of the expunction order. Certificate of EmployabilityIV. . 40-20-114(a).2See also 8-18-101(1) (disqualifying [t]hose who have been convicted of offering or giving a bribe, or of larceny, or any other offense declared infamous by law, unless restored to citizenship in the mode pointed out by law). (xxxii) Section 39-17-417(f)Manufacture, delivery, sale, or possession of Schedule V drug (fine not greater than $5,000); 40-29-105(a) and (b). There is a presumption that the full citizenship rights of the petitioner shall be restored, which may be overcome only upon proof by a preponderance of the evidence either 1) that the petitioner is not eligible for restoration or 2) there is otherwise good cause to deny the petition. Your criminal history record is a list of your arrests and convictions. 37-1-153(f)(1). See also Tenn. Comp. 2.4. Add an answer. 40-32-101(g) (2013)) If the offense occurred _before _November 1, 1989, there are different conditions. For more information on these complex rules, see the Secretary of States website on Restoration of Voting Rights: https://sos.tn.gov/products/elections/restoration-voting-rights. Can a person with a - Answered by a verified Criminal Lawyer. Also in 2021 the court was required to give reasons in writing for denying expungement. (1) In a judicial or administrative proceeding alleging negligence or other fault, a certificate of employability issued to a person pursuant to this section may be introduced as evidence of a persons due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the certificate was issued if the person knew of the certificate at the time of the alleged negligence or other fault. How long does the expungement process take in Tennessee? Expungement is a legal process that results in a persons public criminal records being removed and destroyed.[1] This means that the record of an expunged arrest or conviction will not show up on a public background check. If the offense occurred _after _November 1, 1989, you must meet all of these conditions: Class A-D Felony: not eligible (See T.C.A. In 2022 this law was amended to repeal the requirement that at least one of the convictions be for prostitution. . State of Tennessee Board of Probation and Parole, Tenn. Code Ann. A certificate of employability may only be sought by someone who has received or is seeking judicial restoration of rights. https://www.tn.gov/bop/agency-services/executive-clemency-unit.html(explanation of clemency application process, including Governors Guidelines for Pardons, Commutations & Reprieves (April 1, 2011)). Id. 1100-01-01-.16(1)(d)6. Tennessee Felony Offenses That CAN Be Expunged (Alphabetized) Accessory after the fact; Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume); Burglary of an automobile; Communication theft ($501-$999 punishable by fine only); Counterfeit controlled substance; and. Can a felony charge be removed from your record? 40-32-101(g)(16). 40-35-313(b). The petitioner must demonstrate to the court that ever since the judgment of disqualification, the petitioner has sustained the character of a person of honesty, respectability and veracity, and is generally esteemed as such by the petitioners neighbors. 40-29-102. DO NOT RELY ON THIS INFORMATION AS A SOURCE OF LEGAL ADVICE. 5 What crimes are eligible for expungement in Ohio? . Lawyer directory. An employer may only be held liable for negligent retention of an employee with a certificate if the employer has knowledge that the employee demonstrates danger or is convicted of a felony. Id. While clemency can be granted by the governor or Pardon Board official in the case of a state felony, or by the President of the United States if its a Federal felony. Ann. Can a class b felony be expunged in TN? In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). See SB2303 (2022). Can a first time felon get their record expunged? What felonies can be expunged in Tennessee? . How much does it cost to get a felony expunged in Tennessee? 40-32-101(a)(1)(F). 50, part 1). But opting out of some of these cookies may affect your browsing experience. See 40-35-302(j).9 In 2021 this section was repealed by SB 965 and a new section was added to Part 3 directing judges to notify all defendants of their eligibility for expungement (if practicable) and the administrative office of courts to supply courts with information about which offenses are eligible and when. List of Crimes That Can Be Expunged in Tennessee Accessory after the fact Custodial interference where person not voluntarily returned by defendant Knowing (xxxvii) Section 39-17-423(c)Counterfeit controlled substance; Tenn. Code Ann. (1) The specific duties and responsibilities of the position; (2) The bearing, if any, that an applicants criminal history may have on the applicants fitness or ability to perform the duties required by the position; (3) The amount of time that has elapsed since the applicants conviction or release; (4) The age of the applicant at the time of the commission of each offense; (5) The frequency and seriousness of each offense; (6) Any information produced by the applicant regarding the applicants rehabilitation and good conduct since the occurrence of an offense; and. 40-35-313(a)(1)(B). Our attorneys can assist you in successfully completing the expungement process. Persons convicted of a felony or any other infamous offense or convicted of perjury or subornation of perjury are also disqualified from jury service. I would recommend contacting an attorney in your area with specific information regarding your charge and your situation. Examples of Class A misdemeanors are first and second offense DWI, burglary of a vehicle, and property theft. A criminal history check in Tennessee can literally go back for 25-30 years. WebA Class E felony committed after November 1, 1989, may be expunged if the sentence was for three (3) years or less and appears in the below list. art. Those who have been discharged from their sentence are not permitted to register unless and until they have applied for and received a certificate of voting rights restoration from the pardoning, prison, or supervisory authority, who must use a form prescribed by the coordinator of elections. 40-29-203. 2013)(the restoration of rights is not automatic by virtue of the pardon itself). Tenn. Code Ann. Can you get a Class C (xxix) Section 39-16-603Evading arrest in motor vehicle where no risk to bystanders; See 40-29-105(c)(3). In 2017, the expungement authority was broadened to cover up to two qualifying convictions. (b)(2). 40-32-101(g) to grant expunction of convictions for specified less serious non-violent felonies and misdemeanors, and the law has been gradually expanding almost every year. You must complete all court obligations associated with the crime prior to expungement. (2) In any proceeding on a claim against an employer for negligent hiring, a certificate of employability issued to a person pursuant to this section shall provide immunity for the employer with respect to the claim if the employer knew of the certificate at the time of the alleged negligence. Tennessee Felony Offenses That CAN Be Expunged (Alphabetized) Accessory after the fact; Aggravated criminal littering (2nd and 3rd offenses involving certain weight All terms of the sentence must be satisfied, including payment of all fines, fees and restitution. (b)(5).16. or any equivalent discharge by another state, the federal government, or county correction authority. See id. 40-29-204. Can felonies be expunged? Sec. See SB797 (2019). 1100-01-01-.16(1)(f). Effective July 1, 2019, no additional fee for expungement is charged in these cases. Expungement granted pursuant to subsections (g) and (h) entitles the petitioner to have all public records of the expunged conviction destroyed in the manner set forth in this section. Expungement means, in contemplation of law, the conviction for the expunged offense never occurred and the person shall not suffer any adverse affects [sic] or direct disabilities by virtue of the criminal offense that was expunged. A person whose conviction has been expunged shall not be guilty of perjury or otherwise giving a false statement by reason of the persons failure to recite or acknowledge the arrest, indictment, information, trial or conviction in response to any inquiry made of the petitioner for any purpose. Tenn. Code Ann. individual that might mitigate against the relationship of crime to the occupation, profession, business, or trade; and The pre-existing discretionary expungement authority remains in effect for all other offenses, although eligibility now begins at age 17 so long as at least one year has elapsed from the most recent adjudication. Wiki User. SB 1028. 40-32-101(g) to grant expunction of convictions for specified less serious non-violent felonies and misdemeanors, and the law has been gradually expanding almost every year. Restoration of full rights of citizenship includes restoration of firearms rights, except as otherwise provided by law for violent and drug offenses. WebClass B felonies carry possible sentences of 8 to 30 years in prison and fines up to $25,000. See 40-32-101(a)(1)(E), described above. In 2022 the gradual expansion of expungement eligibility continued, with an amendment to 40-32-101(g)(2)(A) and (2)(B) to permit unlimited prior offenses as long as they are not ineligible, and as long as the person has not previously been granted expungement. Since 2012, courts have been authorized under Tenn. Code Ann. 40-32-101(b)(1). 40-32-101(g)(10), (17) (as amended by SB797(2019).11 Until 2021 there was no provision for waiver for indigency, but the $100 filing fee could be paid in installments. CriteriaG. The governors eligibility guidelines set forth on the pardon application form (available from the Board) are described above. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Misdemeanors can be penalized by up to a year in jail. Upon successful completion of the probation term, the court will expunge record and jeopardy will attach for the offense. 39-17-1316(a)(2); Part I(C), supra. Frequency of grantsI. See Tenn. Code Ann. We serve the following localities: Cheatham County including Ashland City; Coffee County including Manchester; Davidson County including Nashville; Dickson County including Dickson; Hamilton County including Chattanooga; Marshall County including Lewisburg; Maury County including Columbia and Spring Hill; Montgomery County including Clarksville; Putnam County including Cookeville; Robertson County including Springfield; Rutherford County including Murfreesboro; Sumner County including Gallatin and Hendersonville; Williamson County including Franklin; and Wilson County including Lebanon. As amended in 2021 (, (A) The relationship between the nature of the crime and the purposes of. We also use third-party cookies that help us analyze and understand how you use this website. 40-27-107. 40-29-101 provides a procedure through which [p]ersons rendered infamous or deprived of the rights of citizenship by the judgment of. See State v. Blanchard, 100 S.W.3d 226 (Tenn. Crim. 40-35-313(a)(1)(A). It also restores status and permits an individual to deny the existence of the record: Any person whose records are expunged shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. 39-13-306 Custodial interference where person not voluntarily returned by defendant; 39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication; 39-14-116(c) Hindering secured creditors; 39-14-118 Fraudulent use of credit or debit card; 39-14-130 Destruction of valuable papers; 39-14-131 Destruction or concealment of will; 39-14-133 Fraudulent or false insurance claim; 39-14-137(b) Fraudulent qualifying for set aside programs; 39-14-139 Sale of recorded live performances without consent; 39-14-143 Unauthorized solicitation for police, judicial or safety associations; 39-14-147(f) Fraudulent transfer of motor vehicle with value of less than $20,000; 39-14-149 Communication theft (fine only); 39-14-411 Utility service interruption or property damage; 39-14-505 Aggravated criminal littering (2nd & 3rd offenses involving certain weight or volume); 39-14-602 Violation of Tennessee Personal And Commercial Computer Act; 39-14-603 Unsolicited bulk electronic mail; 39-16-201 Taking telecommunication device into penal institution; 39-16-302 Impersonation of licensed professional; 39-16-603 Evading arrest in motor vehicle where no risk to bystanders; 39-17-106 Gifts of adulterated candy or food; 39-17-417(f) Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000); 39-17-417(g)(1) Manufacture, delivery, sale or possession of not less than ounce and not more than 10 pounds of Schedule VI drug marijuana (fine not greater than $1,000); 39-17-417(h) Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000); 39-17-418(e) Simple possession or casual exchange (3rd offense); 39-17-422(c) Selling glue for unlawful purpose; 39-17-423(c) Counterfeit controlled substance; (If convicted on or after November 1, 1989, and sentenced for a term of 4 years or less, and it has been at least 10 years since the completion of your sentence). See, No fee is charged for expungement of uncharged arrests, nolle prosequi, and acquittals. The law lists a number of licenses for which a certificate of employability does not provide relief, including licenses related to health care, mental health and developmental disabilities services, welfare services, law enforcement, education, insurance, and banking and finance. The judicial restoration procedure requires filing a petition in the circuit court of the county of residence with proper notice to both federal and state prosecutors and proof of character. (xii) Section 39-14-131Destruction or concealment of will; Judicial Certificate of EmployabilityC. The professions include alcoholic beverage servers (Tenn. Code Ann. February 9, 2021 Mr. Horwitz represented me in petitioning the court for an expungement. Sec. 40-29-105(c)(2). In addition, a petition may be filed either in the circuit court of the county where the person resides or where the conviction was obtained. After serving the sentence, you can still apply to expunge your forgery crime records. See Tenn. Code Ann. (If you were convicted of one of the felonies listed below and sentenced to imprisonment of 3 years or less and the offense was committed on or after November 1, 1989). If a person presents a valid certificate of employability, no board, agency, commission, or other licensing entity that issues, restores or renews licenses or certificates and regulates occupations and trades for which a license or certificate is required to do business in this state shall deny the issuance, restoration or renewal of an occupational license or certificate based solely on the persons past record of criminal activity but instead shall consider on a case-by-case basis whether to grant or deny the issuance, restoration or renewal of an occupational license or an employment opportunity. It must also inform the applicant or licensee of the opportunity to appear or hold an informal interview with the board. (xxxiv) Section 39-17-417(h)Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000); The governor may also issue exonerations, signifying innocence. The following is a list of crimes that, if they result in a conviction, cannot be expunged: A Class A through G felony or a Class A1 misdemeanor Any offense that includes assault as an essential element of the offense This confidential record is only accessible to the district attorney general, the defendant, the defendants attorney and the circuit or criminal court judge. (b)(5). See below. 57-3-703, -704), barbers ( 62-3-121), land surveyors ( 62-18-116), soil scientists ( 62-18-217), athletic trainers ( 63-24-107), reflexologists ( 63-30-103, -111), fireworks exhibitors ( 68-104-204), and well drillers ( 69-10-105). Employment Negligent hiring protection. Persons convicted of a felony or any other infamous offense or convicted of perjury or subornation of perjury are also disqualified from jury service. Ann. . How much does expungement cost in In 2022 victims of human trafficking were exempted from this provision. The law originally applied only to people with a single conviction, but in 2017 individuals with two convictions (no more) are permitted to petition on a one-time basis for expungement of both convictions, if each offense is otherwise eligible and if the offenses are either two misdemeanors or one misdemeanor and one felony. See http://www.chattanoogan.com/2011/1/11/192110/Bredesen-Grants-22-Pardons-4.aspx. Legislation enacted in 2014 allows a person (including a person with a federal and out-of-state conviction) to petition the court for a certificate of employability that lifts certain licensing disqualifications and protects employers and others from liability for the actions of a certificate-holder. 22-1-102. Be notified when an answer is posted. Does a Felony Ever Go Away? In 2021, by HB888, the filing fee was made discretionary with the court clerk. If the board denies or refuses to renew a license after the notice required in (b)(2), the board must send the written determination to the applicant or licensee, including the reasons for the denial and the boards findings under (b)(4)(A) and the earliest date the individual can reapply for the license. Generally, a Felony is defined as a crime that is punishable by one (1) year or more Effective July 1, 2006, all but a few categories of serious felony offenders convicted after 1981 are eligible to apply for a voter registration card and have the right of suffrage restored upon expiration of the maximum sentence or [b]eing granted a certificate of final discharge from supervision by the board of parole . (xxvi) Section 39-14-603Unsolicited bulk electronic mail; Effective July 1, 2019, no additional fee for expungement is charged in these cases. See 39-17-1351(c)(6).5. fitness required to perform the duties and discharge the responsibilities of the The governor has full authority to grant reprieves, commutations, and pardons, except in cases of impeachment. In any case in which a childs juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the childs completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. Id. Partial expungement does not apply to non-conviction records. No filing fee is charged in these cases. In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). In making a determination regarding eligibility for this disposition, the trial court must consider the following factors: (1) the defendants amenability to correction, (2) the circumstances of the offense, (3) the defendants criminal record, (4) the defendants social history, (5) the defendants mental and physical health and (6) the deterrent effect of the sentencing decision to both the defendant and other similarly situated defendants. A hearing is held by the Board in every case where the applicant is deemed worthy of favorable consideration. 40-32-101(h), discussed in Part III infra. 40-29-102 through 104. 40-32-101(g)(2)(C). The states juvenile expungement law was revised significantly in 2017, to authorize mandatory expungement of certain adjudication and diversion records, and to reduce the age of eligibility for expungement under the existing discretionary authority from 18 to 17. b. . How long does a felony stay on your record? Id. 6 Can you get a job with a felony theft charge? Jury and public officeC. A pardon is of limited effect where other collateral disabilities are concerned, because these are not considered punishment,. Persons convicted of a felony are disqualified from office unless and until their rights have been restored by a court. See Tenn. Code Ann. 40-20-112. A certificate may not be issued unless a person has paid all restitution . By clicking Accept All, you consent to the use of ALL the cookies. As long as it is your only conviction, or if you have no more than one other eligible misdemeanor conviction on your record, the following felonies can generally be expunged in Tennessee five years after you have completed your sentence: (i) Section 39-11-411Accessory after the fact; A petition may be granted only if the court finds all of the following by a preponderance of the evidence: (1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioners neighbors; (2) Granting the petition will materially assist the person in obtaining employment or occupational licensing; (3) The person has a substantial need for the relief requested in order to live a law-abiding life; and (4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual. A Class C Felony cannot be expunged if it was not entered under diversion. 40-32-105(b).13. III, 6. Find a lawyer near you. See Bianca Fortis, How Tennessee Disenfranchised 21% of Its Black Citizens ProPublica, Nov. 8, 2022.1 Persons convicted of murder, rape, treason, or voter fraud are permanently ineligible to vote unless pardoned. A public background check information on these complex rules, see the of... Set forth on the pardon itself ) 100 S.W.3d 226 ( Tenn. Code Ann are... By clicking Accept all, you can still apply to expunge your forgery crime records can assist you in completing! Money laundering Class b felony be expunged If it was not entered diversion! 2021, by HB888, the filing fee was made discretionary with the Board you complete..., persons convicted of certain misdemeanors are prohibited from obtaining a permit to carry a handgun felony be in... C felony can not be expunged in TN webclass b felonies carry possible of... V. the Tennessee Constitution provides that persons convicted of certain misdemeanors are first second. Back for 25-30 years cookies may affect your browsing experience 25-30 years successful of! The public and the purposes of pardon is of limited effect where other collateral disabilities concerned! Repeal the requirement that at least one of the rights of citizenship includes restoration of rights is automatic... See below ) this information as a SOURCE of legal ADVICE rights where the.... ( added by HB-873 ( 2017 ) ) sentences of 8 to years....16. or any other infamous offense or convicted of perjury or subornation of perjury also! ( 2013 ) ) If the offense k ) ( b ) me petitioning. 2022 this law was amended to repeal the requirement that at least one of the convictions for. Should be based on a crime 's potential punishment Theft charge take in Tennessee can literally go back 25-30. Include carjacking, sex trafficking, and money laundering list of your.! Infamous or deprived of the rights of citizenship includes restoration of firearms,! Register to vote pardon itself ) Board ) are described above to repeal requirement... Represented me in petitioning the court was required to give reasons in writing denying... Assist you in successfully completing the expungement process 39-14-104 Theft of services 39-14-112., 40-35-313 ( a ) ( 5 ).16. or any equivalent discharge by state! Years after the completion of the Probation term, the filing fee was made with! An infamous crime shall not be issued unless a person with a - Answered by a court from based. ( g ) ( a ) ( b ) those that are being analyzed and have not been into... 2022 this law was amended to repeal the requirement that at least one of the pardon itself ) is. Concerned, because these are not considered punishment, pardon is of limited effect where other collateral disabilities concerned... One of the Probation term, the filing fee was made discretionary with the crime and purposes! Opportunity to appear or hold an informal interview with the Board ) are described...., 100 S.W.3d 226 ( Tenn. Crim from jury service the expungement process go back for 25-30 years of! Carjacking, sex trafficking, and acquittals Board in every case where the applicant or of! Arrests and convictions and Parole, Tenn. Code Ann in 2017, the filing fee was discretionary! By law for violent and drug offenses are concerned, because these not... To expunge your forgery crime records July 1, 1989, there are different.! These complex rules, see the Secretary of states website on restoration of rights is not by... With the court will expunge record and jeopardy will attach for the offense occurred _before _November,... Charged in these cases by statute, conviction of a felony or any other infamous offense or convicted an. ( 2 ) ; Part i ( C ) in writing for denying expungement Board! Connection with employment and licensing decisions also use third-party cookies that help us analyze and understand how you use website. The Secretary of states website on restoration of voting rights: https: //sos.tn.gov/products/elections/restoration-voting-rights cost to get a felony any! Was broadened to cover up to two qualifying convictions attorney in your area with specific information regarding your and! Court records or appellate court records or appellate court records or appellate court opinions a criminal history be... Felony Theft charge to the use of all the cookies with the Board every. Citizenship by the Board or hold an informal interview with the Board virtue of the Probation,. ) the relationship between the nature of the rights of citizenship by the Board ) are described above records. Are those that are being analyzed and have not been classified into a as! As amended in 2021, by HB888, the court for an expungement subject to.... Procedure through which [ p ] ersons rendered infamous or deprived of pardon... You can still apply to expunge your forgery crime records a strict process called expungement ( more on expungement )... If it was not entered under diversion possible sentences of 8 to 30 years prison. Eligible for expungement of uncharged arrests, nolle prosequi, and property Theft the of... Also inform the applicant is deemed worthy of favorable consideration considered punishment, ) ) are! The judgment of all, you consent to the use of all the cookies expunge and. Whether the grant of diversion will serve the ends of justice for the! Is of limited effect where other collateral disabilities are concerned, because these not! And Parole, Tenn. Code Ann will not can a class b felony be expunged in tennessee up on a crime 's potential punishment or equivalent... Repeal the requirement that at least one of the opportunity to appear or hold an informal interview with the and. There are different conditions of firearms rights, except as otherwise provided by law for violent drug. Be expunged in TN are less likely to be eligible for expungement than a misdemeanor trafficking, property! Not been classified into a category as yet set forth on the pardon itself ) category as.... ( h ), described above HB888, the filing fee was discretionary... On the pardon itself ), the court for an expungement record and jeopardy will for. An informal interview with the crime and the defendant court obligations associated with the Board ) are described.. Two qualifying convictions public and the defendant misdemeanors can be penalized by up to $ 25,000 applicant deemed! Will attach for the offense occurred _before _November 1, 2019, no additional fee for expungement is charged expungement. To remove a felony or any equivalent discharge by another state, the expungement process take in Tennessee can go... Recommend contacting an attorney in your area with specific information regarding your charge and your situation jeopardy will for! S.W.3D 226 ( Tenn. Code Ann under Tenn. Code Ann made discretionary the... Have been authorized under Tenn. Code Ann received or is seeking judicial can a class b felony be expunged in tennessee of rights process... Was required to give reasons in writing for denying expungement of 8 to 30 in. A ) ( the restoration of firearms rights, except as otherwise provided by law violent... From obtaining a permit to carry a handgun of uncharged arrests, nolle prosequi, and from... Being removed and destroyed other states, Tennessee distinguishes felonies from misdemeanors based on whether the grant of diversion serve. Term, the filing fee was made discretionary with the crime prior to expungement on restoration of firearms rights except..., by HB888, the filing fee was made discretionary with the Board it must also the... Otherwise provided by law for violent and drug offenses effect where other collateral are... To remove a felony or any equivalent discharge by another state, the was! 1 ) ( F ), 100 S.W.3d 226 ( Tenn. Crim ( 615-532-8148 ) ;! Who has received or is seeking judicial restoration of rights is not by... See below ) process that results in a persons public criminal records being and. Prohibited from obtaining a permit to carry a handgun from the Board in every case where the applicant deemed... V. Blanchard, 100 S.W.3d 226 ( Tenn. Crim for more information on complex! 2021, by HB888, the federal government, or county correction authority deemed worthy can a class b felony be expunged in tennessee favorable consideration,! And the purposes of cookies may affect your browsing experience be helpful in connection employment... Tennessee criminal history check in Tennessee ( k ) ( 2 ) ( 2 ) ( E ),.. ) 40-29-105 ; however, a pardon may be helpful in connection with employment licensing... Will attach for the offense involved violence or drug-trafficking ( see below ) record expunged July. Infamous offense or convicted of certain misdemeanors are first and second offense,. Disqualified from jury service is held by the judgment of court clerk a crime 's punishment! Board ) are described above 6 can you get a felony renders an individual infamous, property! And have not been classified into a category as yet a public background check https //sos.tn.gov/products/elections/restoration-voting-rights... Person with a felony charge be removed from your Tennessee criminal history may be 5! July 1, 1989, there are different conditions that at least of! Include carjacking, sex trafficking, and acquittals a persons public criminal records being removed and.. Professions include alcoholic beverage servers ( Tenn. Crim from this provision area with specific information regarding charge. Of favorable consideration 2022 this law was amended to repeal the requirement that at least one the! On these complex rules, see the Secretary of states website on restoration of full of. Correction authority of some of these cookies may affect your browsing experience amended in 2021, by HB888, filing. Board in every case where the applicant is deemed worthy of favorable consideration not RELY on this information a.
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