CRIMINAL RECORD EXPUNGEMENT

In Tennessee, expungement refers to the legal process of removing or clearing a criminal record, making it unavailable to the public or employers during background checks. However, the record remains accessible to law enforcement and certain government agencies. Here’s an overview of the expungement process in Tennessee:

Not all crimes are eligible for expungement in Tennessee. Only certain misdemeanors and low-level, non-violent felonies can be expunged. Key eligibility factors include:

• Eligible Offenses: Crimes like drug possession, theft under $1,000, and some DUIs may qualify. Violent offenses, sexual crimes, and serious felonies generally cannot be expunged.
• Completion of Sentence: The individual must have completed all parts of their sentence, including probation, payment of fines, and any other court-ordered conditions.
• Waiting Period: The petitioner must have gone at least five years without any further criminal charges after completing the sentence for eligible felonies and misdemeanors.
• No Subsequent Convictions: The petitioner must not have any other criminal convictions on their record (other than minor traffic offenses).

Expunging a criminal record in Tennessee offers several significant benefits to individuals, allowing them to move forward in life without the stigma of past offenses. Here are the main advantages of obtaining an expungement:

• Job Applications: After an expungement, individuals are legally allowed to state on job applications that they have never been convicted of the expunged offense. This is crucial because many employers perform background checks and may be reluctant to hire someone with a criminal record.
• Professional Licenses: Some professions, such as law, healthcare, and finance, require background checks before granting professional licenses. Expungement can help individuals meet these requirements and pursue or maintain careers that were previously inaccessible due to a criminal record.

• Rental Applications: Many landlords perform background checks before leasing property. A criminal record can disqualify an applicant or lead to higher deposits. Expungement allows individuals to pass these checks more easily, broadening housing options.
• Mortgage Loans: Financial institutions may scrutinize criminal records when approving mortgage applications. With an expunged record, individuals may find it easier to secure loans for home ownership.

• Access to Higher Education: Colleges and universities often require applicants to disclose criminal records. Expungement allows individuals to apply for education programs without needing to report prior offenses, opening doors to academic opportunities.
• Scholarships and Financial Aid: Some scholarships and financial aid programs disqualify applicants with criminal records. Expungement can help individuals become eligible for such financial support.

• Voting Rights: In Tennessee, certain felony convictions result in the loss of voting rights. Expungement can be a step toward restoring these rights, though individuals may need to complete additional legal processes to fully restore voting rights.
• Jury Duty: Expungement can restore an individual’s eligibility to serve on a jury, which may be restricted after certain criminal convictions.

• Reduced Stigma: Living with a criminal record can create social stigma, affecting personal relationships, social standing, and even self-esteem. Expungement allows individuals to put their past behind them and be seen in a new light.
• Increased Confidence: With an expunged record, individuals can feel more confident in pursuing personal and professional goals without the constant fear that their past will come back to haunt them.

• Government Programs: Certain criminal convictions may disqualify individuals from receiving public assistance, such as food stamps, housing subsidies, or unemployment benefits. Expungement can help individuals regain eligibility for these programs.

• Private Employers and Landlords: After an expungement, private background checks conducted by employers, landlords, or others will not show the expunged record. This can make it easier to navigate background checks in various situations.
• Online Records: Expungement often includes the removal of the offense from online databases, helping individuals maintain their privacy and ensuring that their record is not easily accessible through online searches.

• Legal Protection: Once a record is expunged, individuals are legally protected from discrimination based on that record in most areas of life. This peace of mind allows them to focus on their future without the constant worry of past mistakes limiting their opportunities.

In Tennessee, there are costs associated with filing for an expungement, but they vary depending on the circumstances of the case. Here’s a breakdown of the typical costs involved:

If you are seeking to expunge a conviction for an eligible offense (such as certain misdemeanors or low-level felonies), the filing fee is $280 as of 2024. This fee is charged to cover the processing of your expungement request, and it must be paid when submitting the petition to the court. This fee is non-refundable, regardless of the outcome.

If your case did not result in a conviction (for example, if the charges were dismissed, if you were acquitted, or if you completed a pretrial diversion program), the expungement of those charges is free. There is no fee for expunging cases that were dismissed or for those where you were found not guilty.

• Court Costs: Depending on the county, there may be additional minor court costs or administrative fees when filing the expungement petition. You may want to check with the local court clerk's office to confirm any additional fees in your jurisdiction.

Some courts may offer payment plans to cover the expungement filing fees if you are unable to pay the $280 fee upfront. We may able to petition the court if this option is available in your jurisdiction.

Your expungement fee structure seems reasonable and transparent. By offering a $150 non-refundable fee for research, consultation, and eligibility determination, followed by an additional $150 to submit the application if the case is eligible, clients will clearly understand the costs upfront. This approach provides potential clients with a cost-effective and straightforward path to explore their expungement options.

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