In certain circumstances an individual may be entitled to have an arrest, citation, or conviction legally removed from their criminal record with the State of Tennessee.
Even if you have been charged with a criminal offense in Tennessee, you should not have that charge on your permanent record if any of the following are true.
- Dismissed charge
- Retired charge
- Nolle prosequi
- Conditional guilty plea agreement pursuant to T.C.A. §40-35-313 or Pre-Trial Diversion
If the charge still exists on your record, you need to submit documentation to the court that has charged you so that your criminal offense is removed from your record. As a matter of course in criminal representation, a reputable and effective attorney sees the case through to the end and aims to successfully erase the charge erased from your criminal record.
Despite the successful outcome and defeated charge, one that is not completely erased from your criminal record could have an impact on your future. If a potential employer or future court sees the details of the arrest and charge in a routine background check, you may be in trouble. The above is why full expungement is necessary.
Expungement with a Guilty Plea
In a certain limited circumstance, even if you entered a plea of guilty to a crime, you could have your charge expunged or removed from your criminal record. However, this is only possible if your plea was under Tennessee Code Annotated §40-35-313. This statute provides that as long as you do not have a prior criminal conviction of a Class A Misdemeanor or a Felony, then you can enter a conditional plea of guilty to a criminal charge and be placed on a special form of probation.
Upon your successful completion of that probationary period and the payment of the expungement fee to the appropriate court clerk, the conviction is removed from your criminal record as if it never happened. An experienced and knowledgeable attorney will be able to identify your eligibility for diversion pursuant to the Tennessee Code and protect your criminal record.
Before pleading guilty to a crime, be sure your attorney clearly indicates if expungement is an option and, if so, what should be done about it. With expungement, you avoid lasting damage as the consequence of an arrest. Clear your criminal record if possible.
Components to Clear Your Criminal Record
Contact Your Expungement Experts
Feel free to call a criminal defense attorney at The Chiozza Law Firm at 901-526-9494 to determine if your criminal convictions or dismissed charges can be expunged from your record. We have served many clients who now have no criminal record because of expungements, and we will fight to do the same for you.
Don't accept an outcome you can prevent.