EXPUNGEMENT

Most people do not understand a basic concept in criminal law in Tennessee.  If you have been convicted of a crime, you cannot get your case expunged.  However, if you have not been convicted, you may.

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, the person was found not guilty by a judge or jury or the person was arrested and released without being charged.  You can also expunge your case if you successfully completed either pretrial or judicial diversion (excludes certain sex offenses and you may have to pay an additional fee).

Typically, all court and jail records have to be destroyed and removed from their database. 

The records that do not have to be destroyed are those arrest histories, investigative reports and intelligence information of law enforcement agencies as well as confidential files of district attorney generals.  Also, the records of DCS and DHS which are also confidential under state and federal law do not have to be destroyed.  Moreover, records do not include appellate court records or opinions.

Besides criminal cases, you may also expunge a successfully defended Order of Protection in Circuit Court. 

Contact Davis & Hoss today if you would like a criminal case or an Order of Protection expunged.