Criminal Defense Lawyer & Former Nashville Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
A criminal charge can continue to affect background checks, employment, housing, licensing, and peace of mind even after the case is over. Tennessee law allows certain criminal records to be expunged, but eligibility depends on how the case ended, the offense involved, the person’s history, and other statutory requirements. A Nashville expungement lawyer can review the record and determine what may be eligible for removal.
Kevin Kennedy is a Nashville criminal defense lawyer and former prosecutor. He can review Davidson County and Tennessee criminal records, identify potentially eligible charges, and help clients navigate the expungement process.
What Is Expungement in Tennessee?
Expungement, sometimes called expunction, is the legal process for removing eligible criminal charges or convictions from public criminal records. The Tennessee Bureau of Investigation explains that expungement removes a charge or charges from a criminal record and that the process begins with the local court where the arrest occurred. An expungement is not simply an informal correction; a court order is generally required.
Can a Dismissed Criminal Charge Be Expunged?
Many cases that end without a conviction can be eligible for expungement. Tennessee authorities identify dismissals, nolle prosequi dispositions, grand-jury no true bills, and not-guilty verdicts as categories that may be expunged without a fee to the defendant. The exact record should still be reviewed to make sure the disposition was entered correctly and the expungement process was completed.
What About Diversion?
Cases resolved through pretrial diversion or judicial diversion may also be eligible for expungement after the required conditions are successfully completed, depending on the case and statutory requirements. Diversion-related expungements can involve clerk fees. A lawyer can review the judgment, diversion order, discharge paperwork, and court history to determine whether the case is ready for expungement.
Can a Criminal Conviction Be Expunged in Tennessee?
Tennessee law permits expungement of certain eligible convictions, but not every conviction qualifies. Eligibility can depend on the specific offense, the classification of the offense, how much time has passed since completion of the sentence, whether all requirements of the sentence were completed, and whether the applicant satisfies other statutory conditions. Because the eligible-offense rules can be technical and have changed over time, a conviction should be evaluated individually rather than assumed eligible or ineligible based only on whether it was a misdemeanor or felony.
How Long Do I Have to Wait?
Waiting periods depend on the type of case. A dismissed charge is different from a diversion case, and conviction expungement can have statutory waiting periods tied to completion of the sentence and the offense classification. Recent Tennessee legislation has also changed parts of the expungement statutes, so current eligibility should be checked under the law in effect when the petition is filed.
What Does an Expungement Do?
For qualifying records, Tennessee law provides significant legal effect to an expungement. The public records covered by the expungement order are removed in the manner provided by statute, and the law generally treats the person as restored to the legal status occupied before the expunged criminal matter. The exact effect can vary depending on the record and the statutory provision used.
What Records May Still Exist?
Expungement is powerful, but it does not mean every piece of information disappears from every possible government system. Tennessee law defines which public records are covered and identifies categories of records that are treated differently. That is another reason to obtain and review the actual court disposition rather than relying only on an online background check.
How Does the Nashville Expungement Process Start?
For Davidson County cases, the process generally begins through the court that handled the criminal matter. The Davidson County Criminal Court Clerk maintains an expungement function and provides an expungement inquiry process. For conviction expungements, Tennessee law generally requires a petition to the court in which the person was convicted, with notice to the district attorney and an opportunity for the prosecutor to respond.
What Should I Gather for an Expungement Review?
- The case number, if known.
- The county and court where the case was handled.
- The charge or charges.
- The final disposition of each charge.
- Any diversion or probation paperwork.
- Proof that fines, court costs, restitution, or other sentence requirements were completed when relevant.
- Information about other prior or subsequent criminal cases.
Why Use an Expungement Lawyer?
Some expungements are straightforward, while others require a detailed eligibility analysis. Problems can arise when multiple charges have different dispositions, when a conviction is potentially eligible under a specific statutory provision, when a diversion was never formally discharged, or when old records do not clearly reflect what happened. A lawyer can review the record before filing and help avoid pursuing an expungement that is legally unavailable or incomplete.
Talk With a Nashville Expungement Lawyer
Kevin Kennedy can review your Davidson County or Tennessee criminal record and determine whether charges may qualify for expungement. His prior prosecution experience can also help when the process requires analysis of old dispositions, court records, and communications with the district attorney’s office.
Call or text Kevin Kennedy Law Firm at 615-205-7311 for a free consultation with a Nashville expungement lawyer.
Expungement is not the only post-conviction remedy. A Tennessee pardon is a separate form of executive clemency.