Expunge Your DUI

Getting an expungement is the only way to completely erase a potentially embarrassing criminal past. The regulations governing expungements vary from state to state. In Tennessee, expungements are typically rather difficult to qualify for.

Getting an expungement in Tennessee is only permissible under certain specific circumstances. Unfortunately, your regular guilty conviction is typically not expungeable. However, if you entered into a post-trial diversion or pre-trial diversion agreement with the district atttorney, and successfully completed the probation period pursuant to the diversion agreement, you are likely eligible to have the charge and conviction expunged. A correctly done expungement will result in the physical destruction of your criminal file. All electronic records are purged as well. In short, your criminal record is completely erased.

The other circumstance where you can expunge your criminal record is where you were charged with a crime, but the crime was later dismissed. As long as your charge was dismissed, whether after a trial or at the preliminary stages, you are eligible for an expungement. You have a right as of law to have dismissed charges expunged. There is no fee for the expungement of a criminal charge that has been dismissed – this varies from the court fees that can be charged to expunge guilty convictions resulting from diversion.

As noted, getting an expungement in Tennessee can be difficult. It is vital that a criminal defense attorney be retained to expunge your criminal record properly. The expungement of each conviction must be done separately. If you have more than one charge or conviction, each case number must be properly located and your full name as you were charged must be used. An experienced expungement lawyer can do a thorough criminal records search to make sure every possible charge or conviction is fully expunged. The Tennessee expungement process can take weeks or months to complete, even at the best of times,. If you are trying to get a new job or go back to school, it is imperative that your criminal record be expunged right the first time. If the application and order for expungement are improperly drafted, you have to start the process over. Any such delay could end up being costly to your personally.

If you believe your criminal record can be expunged, you ought to go ahead and initiate the process now. Contact an attorney experienced in Tennessee expungement law and see what your options are. After a search is done and your complete criminal record is compiled, it can be determined whether you qualify for a complete or partial expungement.

Originally published here.

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