Chattanooga Expungement Attorney
State Expungement Laws in Tennessee
Most people do not understand the basic concept behind the expungement
allowance in Tennessee criminal law. If you have been convicted of a crime,
you cannot get your case expunged. If, however, you have not been convicted
of a crime, you may apply to have your record cleared of past charges
by a Chattanooga criminal defense attorney.
T.C.A. § 40-32-101 provides that "all public records of a person
who has been charged with a misdemeanor or a felony shall, upon petition
by that person to the court having jurisdiction, be removed and destroyed
without costs if the charge has been dismissed; a no true bill was returned
by the grand jury; a verdict of not guilty was returned, whether by the
judge following a bench trial or by a jury; or the person was arrested
and released without being charged." In addition, you can also expunge
your case if you successfully completed either pretrial or judicial diversion.
This exemption excludes certain sex offenses, and you may have to pay
an additional fee in order to have your record cleared as well.
Typically, all court and jail records must be destroyed and removed from
their database. The records that do not have to be destroyed are those
"arrest histories, investigative reports, intelligence information
of law enforcement agencies, or files of district attorneys general that
are maintained as confidential records for law enforcement purposes."
Also, the records of DCS and DHS — which are also confidential under
state and federal law — do not have to be destroyed. Moreover, public
records that may be expunged do not include appellate court records or
opinions. Besides criminal cases, you may also expunge a successfully
defended order of protection in circuit court.
Respected Chattanooga Criminal Defense Lawyers
Contact Davis & Hoss, PC today if you would like a criminal case or an order of protection expunged.
With more than 25 years of combined experience, we understand the laws
that apply to your case and we are ready to help you.
To find out if you are eligible for expungement, call us today for a free
case evaluation with our trusted Chattanooga defense attorneys.