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Expunge Your Conviction

Tennessee law changed on July 1, 2012 to allow for expungements of convictions for many nonviolent Tennessee crimes, including some felonies. This is a new development in Tennessee, because previously, only arrests that did not result in convictions* and arrests that resulted in successful completion of pretrial diversion programs could be expunged. An expungement is a wonderful thing because it will return you to your status before the crime was committed. Furthermore, following the expunction, you are legally allowed to deny the arrest and conviction. *Arrested and released with no charges filed, arrested and the charges were filed and subsequently dismissed, the grand jury returns a no true bill, the prosecutor filed a nolle prosequi, or the arrest resulted in a not-guilty verdict. 

A person can seek to have his or her criminal convictions expunged when the following criteria are satisfied:

1. The person has not been convicted of any state or federal criminal offense in Tennessee or elsewhere other than the offense the person is seeking to expunge;

2. The person has never had a previous conviction expunged;

3. At lease five years have passed since the completion of any sentence imposed for the offense.

4. The person desiring the expunction has satisfied all requirements of the sentence imposed for the crime he or she seeks to expunge.

Convictions for the following Tennessee Class E felonies can potentially be expunged, depending on the circumstances*: 

39-11-411 Accessory after the fact;

39-13-306 Custodial interference where person not voluntarily returned by defendant;

39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication;

39-14-105(2) Theft ($501-$999)

39-14-114(c) Forgery (up to $1,000);

39-14-115 Criminal simulation (up to $1,000);

39-14-116(c) Hindering secured creditors;

39-14-117(b) Fraud in insolvency;

39-14-118 Fraudulent use of credit card or debit card ($501-$999);

39-14-121 Worthless checks ($501-$999);

39-14-130 Destruction of valuable papers ($501-$999);

39-14-131 Destruction or concealment of will;

39-14-133 Fraudulent or false insurance claim ($501-$999);

39-14-137(b) Fraudulent qualifying for set aside programs ($501-$999);

39-14-138 Theft of trade secrets ($501-$999);

39-14-139 Sale of recorded live performances without consent ($501-$999);

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 ($501-$999 (fine only);

39-14-153 False information in applying for housing project accomodations

39-14-402 Burglary of an auto;

39-14-408 Vandalism ($501-$999);

39-14-411 Utility service interruption or property damage;

39-14-505 Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume);

39-14-602 Violation of Tennessee Personal and Commercial Computer Act ($501-$999);

39-14-603 Unsolicited bulk electronic mail ($500- $999);

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;

39-16-609(e) Failure to appear (felony);

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 ½ 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;

39-17-425(b)(1), (2), (3) Unlawful drug paraphernalia uses and activities

Convictions for all Tennessee misdemeanors except for the following can be expunged. The following Tennessee misdemeanors cannot currently be expunged:

39-13-101(a)(1) and (2) Assault;

39-13-102 Aggravated assault of public employee;

39-13-111 Domestic assault;

39-13-113(g) Violation of protective or restraining order;

39-13-113(h) Possession of firearm while order of protection in effect;

39-13-511 Public indecency 3rd or subsequent offense;

39-13-511 Indecent exposure (victim under 13 years of age) or by person in penal institution exposing to a guard;

39-13-526(b)(1)(2) Violation of community supervision by sex offender not constituting offense or constituting misdemeanor;

39-13-528 Soliciting minor to engage in Class E sexual offense;

39-13-533 Unlawful sexual contact by authority figure;

39-14-118 Fraudulent use of credit/debit card (up to $500);

39-14-304 Reckless burning;

39-14-406 Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;

39-15-201(b)(3) Coercion — abortion;

39-15-210 third or subsequent violation of “Child Rape Protection Act of 2006”;

39-15-401(a) Child abuse (where child is between ages 7- 17);

39-15-401(b) Child neglect and endangerment (where child is between ages 7-13);

39-15-404 Enticing a child to purchase intoxicating liquor — purchasing alcoholic beverage for child;

39-15-404 Allow person 18-21 to consume alcohol on person’s premises;

39-15-414 Harboring or hiding a runaway child;

39-17-315 Stalking;

39-17-431 Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits;

39-17-437 Using substance or device to falsify drug test results and selling synthetic urine;

39-17-438 Possession of the hallucinogenic plant Salvia Divinorum or the synthetic cannabinoids;

39-17-452 Sale or possession of synthetic derivatives or analogues of methcathinone;

39-17-902(a) Importing, preparing, distributing, processing, or appearing in obscene material or A misdemeanors;

39-17-907 Unlawful exhibition of obscene material;

39-17-911 Sale or loan to minors of harmful materials;

39-17-918 Unlawful massage or exposure of erogenous areas;

39-17-1307(f)(1)(A) Possession of firearm after being convicted of misdemeanor crime of domestic violence;

39-17-1307(f)(1)(B) Possession of firearm while order of protection is in effect;

39-17-1307(f)(1)(C) Possession of firearm while prohibited by state or federal law;

39-17-1312 Failure of adult to report juvenile carrying gun in school;

39-17-1320(a) Non parent providing handgun to a juvenile;

39-17-1352 Failure to surrender handgun carry permit upon suspension;

39-17-1363 Violent felon owning or possessing vicious dog;

39-13-101(a)(3) Assault (offensive or provocative physical contact);

39-13-511(a) Public indecency — first or second offense (punishable by $500 fine only);

39-13-511(b)(2) Indecent exposure (victim 13 years old or older);

39-15-412(b) Disseminating smoking paraphernalia to minor after 3 prior violations;

39-16-404 Misuse of official information by public servant;

39-17-317 Disorderly conduct at funerals;

39-17-715 Possession of or consuming alcoholic beverages on K-12 school premises;

39-17-914 Display for sale or rental of material harmful to minors; and

55-10-401 Driving under the influence of an intoxicant;

*The facts of each case, including the date of conviction and sentence imposed, may render an expungeable conviction not expunge able. Attorney William A. Young, Jr. is familiar with Tennessee expunction issues and can assist you in filing your petition for expunction. Call William A. Young, Jr. today if you are interested in discussing whether you can have your Tennessee conviction expunged! 

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