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Criminal Defense


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.If you have been charged with a criminal offense in Tennessee and ultimately the charge was dismissed, retired, nolle prosequi or you entered a conditional guilty plea pursuant to T.C.A. §40-35-313 or Pre-Trial Diversion. There are certain steps that need to be taken and documentation submitted to the Court in which you are charged to have a criminal offense removed from your record. A reputable and effective attorney will as a matter of course in criminal representation see the case through to the end of representation, such as having a successfully defended charge erased from your criminal record. A charge that was ultimately defeated can have serious consequences, despite the successful outcome, if a potential employer or a Court in the future can see the details of the arrest and charge in a routine background check.

In a certain limited circumstance even if you entered a plea of guilty to a crime, you will be able to have it expunged or removed from your criminal record if the 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 will be 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 so that lasting damage as the consequence of an arrest is avoided.

Feel free to call an 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.

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