(xii) Section 39-14-131Destruction or concealment of will; 39-13-306 Custodial interference where person not voluntarily returned by defendant; 39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication; 39-14-116(c) Hindering secured creditors; 39-14-118 Fraudulent use of credit or debit card; 39-14-130 Destruction of valuable papers; 39-14-131 Destruction or concealment of will; 39-14-133 Fraudulent or false insurance claim; 39-14-137(b) Fraudulent qualifying for set aside programs; 39-14-139 Sale of recorded live performances without consent; 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 (fine only); 39-14-411 Utility service interruption or property damage; 39-14-505 Aggravated criminal littering (2nd & 3rd offenses involving certain weight or volume); 39-14-602 Violation of Tennessee Personal And Commercial Computer Act; 39-14-603 Unsolicited bulk electronic mail; 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; 39-17-106 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 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; (If convicted on or after November 1, 1989, and sentenced for a term of 4 years or less, and it has been at least 10 years since the completion of your sentence). Tennessee Felony Offenses That CAN Be Expunged (Alphabetized) Accessory after the fact; Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume); Burglary of an automobile; Communication theft ($501-$999 punishable by fine only); Counterfeit controlled substance; and. The judicial restoration procedure requires filing a petition in the circuit court of the county of residence with proper notice to both federal and state prosecutors and proof of character. 37-1-153(f)(1). of Schedule VI drug marijuana (fine not greater than $2,500); A petition to have your crime erased from your Tennessee criminal history may be filed 5 years after the completion of your sentence. If you are seeking to hire an attorney to expunge your record for you, please visit our expungement services page to get started. To be eligible for discretionary expungement, an individual must never have been convicted of a criminal offense, must never have been adjudicated for a violent juvenile sex offense, and must meet certain behavior and rehabilitation guidelines. I am totally pleased with the outcome and it was done in a timely manner. These cookies will be stored in your browser only with your consent. (xv) Section 39-14-138Theft of trade secrets; 40-32-101(h), discussed in Part III infra. Judicial Certificate of EmployabilityC. In the other six cases the Board did not hold a hearing based on failure to comply with technical requirements. A person convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or a felony drug offense, may not possess any firearm. The offense must be an eligible Class E or Class D felony listed on this website, or a misdemeanor not listed on this website. (xiv) Section 39-14-137(b)Fraudulent qualifying for set aside programs; WebIf your Tennessee felony conviction is listed below, you may be eligible to have your conviction erased from your Tennessee criminal history. Id. People often ask me whether a criminal conviction falls off their record after seven years. Find the best ones near you. Felonies are the most serious, often violent, crimes. See Bianca Fortis, How Tennessee Disenfranchised 21% of Its Black Citizens ProPublica, Nov. 8, 2022.1 Persons convicted of murder, rape, treason, or voter fraud are permanently ineligible to vote unless pardoned. Partial expungement does not apply to non-conviction records. 40-35-302 by HB266 requiring the judge at the time of sentencing to notify a person convicted of a misdemeanor of their eligibility to have all public records of the conviction destroyed in the manner set forth in 40-32-101, and the time period for applying. 40-35-313(a)(1)(B)(i)(d). See http://www.chattanoogan.com/2011/1/11/192110/Bredesen-Grants-22-Pardons-4.aspx. upon request.). Unless specifically excluded by the Tennessee Legislature, all Tennessee Misdemeanor convictions may be erased from your Tennessee record. See also Tenn. Comp. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Persons convicted of a felony or any other infamous offense or convicted of perjury or subornation of perjury are also disqualified from jury service. See Tenn. Op. Ann. What felonies can be expunged in Tennessee? III, 6. 37-1-129(a)(1). Persons convicted of a felony are disqualified from office unless and until their rights have been restored by a court. (iii)The person was arrested and released without being charged. State of Tennessee Board of Probation and Parole Employment Negligent hiring protection. Effective July 1, 2019, no additional fee for expungement is charged in these cases. In addition, a petition may be filed either in the circuit court of the county where the person resides or where the conviction was obtained. upon request.). A court may issue a certificate of employability, at the courts discretion, if the court finds that the person has established all of the following by a preponderance of the evidence: (1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioners neighbors; (2)Granting the petition will materially assist the person in obtaining employment or occupational licensing; (3) The person has a substantial need for the relief requested in order to live a law-abiding life; and. (ii) Section 39-13-306Custodial interference where person not voluntarily returned by defendant; See 40-32-101(a)(1)(E), described above. 40-32-101(a)(1). 40-32-101(g) to grant expunction of convictions for specified less serious non-violent felonies and misdemeanors, and the law has been gradually expanding almost every year. Expungement of adult convictionsD. A board, agency, commission, or other licensing entity may adopt a rule on or after April 28, 2014, denying the issuance, restoration or renewal of a license or certificate to a person, notwithstanding the persons possession of a certificate of employability, based on the time that has elapsed since the criminal offense; or the nature of the offense having a direct bearing on the fitness or ability of the person to perform one (1) or more of the duties or responsibilities necessarily related to the license or certificate sought. FirearmsII. . In 2022 the gradual expansion of expungement eligibility continued, with an amendment to 40-32-101(g)(2)(A) and (2)(B) to permit unlimited prior offenses as long as they are not ineligible, and as long as the person has not previously been granted expungement. Just clear tips and lifehacks for every day, Tennessee Felony Offenses That CAN Be Expunged (Alphabetized). (iv) Section 39-14-105(a)(2)Theft; 40-29-101(a). . Ten (10) years have elapsed since completion of sentence imposed for a Class C or D felony. ProcessF. Non-DUI crimes. Id. 1100-01-01-.16(1)(f). http://www.capitol.tn.gov/Bills/109/Bill/SB2440.pdf (codified in Tenn. Code Ann. Theft is a crime of moral turpitude because it is an act of dishonesty. See also 40-32-101(c)(3)(Release of arrest histories of a defendant or potential witness in a criminal proceeding [shall be made] to an attorney of record in the proceeding . The 2013 statute applied only to non-violent convictions after 1980, but in 2021 the expungement remedy was extended to nonviolent pardoned convictions prior to 1980. 1100-01-01-.16. 40-27-109(a)-(b). Under subsection (g), a persons record may be expunged if they have never been convicted of any other criminal offenses. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". However, under a 2012 law, an expungement does. See Tenn. Code Ann. 40-32-101(h).10 In 2021, 40-32-101(h) was amended to make those pardoned prior to 1980 also eligible for expungement. L.W., 350 S.W.3d 911 (Tenn. 2011) (conviction for one count in a multi-count indictment or presentment does not preclude expungement of the records relating to a separate count). 40-32-101(g)(2)(B). Tenn. Code Ann. 1100-01-01-.16(1)(b)2, (c)1. The law makes no provision for informing persons convicted of violent offenses. Expungement is a legal process that results in a persons public criminal records being removed and destroyed.[1] This means that the record of an expunged arrest or conviction will not show up on a public background check. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below). 40-32-101. If the board denies or refuses to renew a license after the notice required in (b)(2), the board must send the written determination to the applicant or licensee, including the reasons for the denial and the boards findings under (b)(4)(A) and the earliest date the individual can reapply for the license. 40-32-101(a)(1)(F). 2(b)(3), and the board is required to provide written notice with a justification for its determination, in accordance with the criteria in (b)(4)(A). Sec. A pardon may serve as grounds for expungement, and thus restoration of firearms rights. Analytical cookies are used to understand how visitors interact with the website. You may be eligible for free expungement in Tennessee if: A person who has been convicted of any felony under Tennessee law is prohibited by federal law from possessing any firearm unless that person has obtained a complete restoration firearms rights under state law. . It does NOT apply to the expunction of a criminal record upon the the successful completion of a diversion program. Can a first time felon get their record expunged? The effect of the [courts expungement] order is to restore the person, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information. 37-1-153(f)(2) & (9). In 2018, 37-1-153(f) was amended effective July 1, 2018 to authorize expungement if the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking. On his final day in office, Governor Bredesen granted 22 pardons in cases collected over his eight years in office that he said should be completely noncontroversial because they affect people who committed less serious offenses and have already served their sentences. Sixteen of the 22 were with the recommendation of the Board. See Tenn. Code Ann. Wisconsin classifies its Felony and Misdemeanor crimes according to the sentence allowable under the Statute. Exceptions are listed infra. Expungement granted pursuant to subsections (g) and (h) entitles the petitioner to have all public records of the expunged conviction destroyed in the manner set forth in this section. Expungement means, in contemplation of law, the conviction for the expunged offense never occurred and the person shall not suffer any adverse affects [sic] or direct disabilities by virtue of the criminal offense that was expunged. A person whose conviction has been expunged shall not be guilty of perjury or otherwise giving a false statement by reason of the persons failure to recite or acknowledge the arrest, indictment, information, trial or conviction in response to any inquiry made of the petitioner for any purpose. Tenn. Code Ann. Id. Certificate of EmployabilityIV. See also 39-17-1316(a)(2) (pardon, expungement and set-aside, or judicial certificate of restoration relieve restrictions except for where firearms possession is barred by 39-17-1307; 39-17-1351(j) (court may restore handgun rights for certain offenses). 40-35-313(b). (a)The chief administrative official of a municipal, county, or state agency and the clerk of each court where the records are recorded shall remove and destroy the records within sixty (60) days from the date of the expunction order issued under40-32-101. However, you may visit "Cookie Settings" to provide a controlled consent. 37-1-153(f)(6). However, as further discussed infra, a 2012 law allows an individual to petition the court for expungement of a conviction for certain nonviolent felonies and misdemeanors. To expunge one's record is to erase or destroy the criminal record in question. Sec. Tenn. Comp. First, choose your state: Tennessee; Texas; Utah; Vermont; Virginia; Washington; West Virginia; Wisconsin; Wyoming; 40-27-109. 40-35-313(a)(1)(B). If a hearing is held, the Board notifies various interested parties, including the prosecutor, judge and police. See Tenn. Code Ann. 6 Can you get a job with a felony theft charge? (xviii) Section 39-14-147(f)Fraudulent transfer of motor vehicle with value of less than $20,000; See also 40-32-101(c)(3)(Release of arrest histories of a defendant or potential witness in a criminal proceeding [shall be made] to an attorney of record in the proceeding . The information on this website does NOT constitute legal advice. App. In 2022 victims of human trafficking were exempted from this provision. Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume); Communication theft ($501-$999 punishable by fine only); Sex crimes against children / by people with supervisory authority. Family violence battery convictions (unless the offender was under 21). It also restores status and permits an individual to deny the existence of the record: Any person whose records are expunged shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. The legislative oversight committees also receive notification of the hearing. Prior to denying an application or refusing to renew a license, the board is required to send written notice to the applicant or licensee of the boards intention, including its justification in accordance with the criteria in (b)(4)(A). (615-532-8148) See SB2303 (2022). art. 40-35-313(b). 1103 (S.B. An employer who hires a person with a certificate is immune to negligent hiring liability. Your email address will not be published. Upon petition, the court shall order destruction of public records in cases where charges have been dismissed. There is a presumption that the full citizenship rights of the petitioner shall be restored, which may be overcome only upon proof by a preponderance of the evidence either 1) that the petitioner is not eligible for restoration or 2) there is otherwise good cause to deny the petition. Lawyer directory. Like other states, Tennessee distinguishes felonies from misdemeanors based on a crime's potential punishment. Expungement for victims of human traffickingE. (As noted in section I, above, the right to vote is restored in most cases without court action upon expiration of sentence. III, 6. Tennessee has changed its rules on restoration of voting rights several times in the past 30 years, and as a result has created what is perhaps the most complex and confusing situation in the nation. 40-29-202(a) and 203(a).) In addition, effective May 2013, a pardon may serve as grounds for expungement, and thus restoration of firearms rights. 40-28-104(a)(10), 40-28-128. 40-32-101(b)(1). b. A qualified defendant is one who is found or pleads guilty or nolo contendere to a misdemeanor or a Class C felony or below, and who has not previously been convicted of a felony or Class A misdemeanor for which a sentence of confinement was served. Can you get a Class C felony expunged in Tennessee? You must wait 5 years to file a petition for expungement of your Tennessee conviction. Notably, the following licenses are exempt from the 2018 Fresh Start Act: law licenses; licenses relating to the provision of mental health, substance abuse, developmental disabilities, and personal support; law enforcement and corrections; corporations and associations, education, insurance, financial institutions, and welfare. In 2014 Tennessee authorized its courts to grant individuals seeking restoration of rights for either state or federal offenses a certificate of employability. Tenn. Code Ann. 40-15-105(a)(1)(A)-(B). 5363, 2.1-2.2, available at http://www.nelp.org/content/uploads/2015/03/Memphis-Ordinance.pdf. 40-28-103. See, No fee is charged for expungement of uncharged arrests, nolle prosequi, and acquittals. Occupational licensing. Posted on Sep 27, 2013. (xxvi) Section 39-14-603Unsolicited bulk electronic mail; Have all your appeals been exhausted? Can felonies be expunged? WebA Class D felony committed on or after November 1, 1989, may be expunged if the conviction offense appears in the below list. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Have never been convicted of a felony or any other infamous offense or convicted of violent.... May serve as grounds for expungement, and acquittals analytical cookies are to. Being charged on a crime 's potential punishment conviction will not show up on a crime potential! Xv ) Section 39-14-138Theft of trade secrets ; 40-32-101 ( g ), discussed Part. You are seeking to hire an attorney to expunge your record for,!: //www.nelp.org/content/uploads/2015/03/Memphis-Ordinance.pdf and until their rights have been dismissed Section 39-14-603Unsolicited bulk electronic mail have! 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Section 39-14-603Unsolicited bulk electronic mail ; have all your appeals can a class b felony be expunged in tennessee exhausted specifically excluded by the Legislature. These cookies will be stored in your browser only with your consent in 2022 victims of human trafficking were from... Elapsed since completion of a felony from your Tennessee conviction all Tennessee convictions... Lifehacks for every day, Tennessee felony offenses that can be expunged if they have been! May serve as grounds for expungement, and thus restoration of firearms rights discussed in Part III infra interact... Gdpr cookie consent to record the user consent for the cookies in the other six cases the.... Interested parties, including the prosecutor, judge and police offense or convicted of a are..., ( C ) 1 a )., the Board of Probation and Parole Employment Negligent hiring liability the. An expunged arrest or conviction will not show up on a crime potential... 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