CriteriaG. (xxxiv) Section 39-17-417(h)Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000); Click here for a list of Tennessee Felony Offenses that are eligible to be erased from your public record. The Board makes nonbinding recommendations to the governor, based upon its application of guidelines and criteria adopted by the governor. 40-28-104(a)(10). (Solution found). 57-3-703, -704), barbers ( 62-3-121), land surveyors ( 62-18-116), soil scientists ( 62-18-217), athletic trainers ( 63-24-107), reflexologists ( 63-30-103, -111), fireworks exhibitors ( 68-104-204), and well drillers ( 69-10-105). See https://www.tennessean.com/story/news/2019/01/18/tennessee-governor-bill-haslam-grants-clemency-23-people/2614945002/. A new law that reduces the total cost of expunging a conviction from $450 to $280 was officially signed by Governor Haslam on May 25, 2017. (xxxv) Section 39-17-418(e)Simple possession or casual exchange (3rd offense); Effective July 1, 2019, the $180 expungement fee was eliminated, and a $100 general filing fee is all that must be paid. You were arrested and released without being charged. 40-29-107(a). Add an answer. Firearms rights may generally be regained by a pardon, judicial certificate of restoration under Tenn. Code Ann. Effective July 1, 2019, no additional fee for expungement is charged in these cases. A petition to have your crime erased from your Tennessee criminal history may be filed 5 years after the completion of your sentence. See SB2303 (2022). Tenn. Code Ann. One should contact the attorney who represented them for expunction in these cases. Restoration of full rights of citizenship includes restoration of firearms rights, except as otherwise provided by law for violent and drug offenses. A checklist of procedural requirements and eligible offenses is available here: 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. 40-35-313(b). 40-29-107 (n)(3). 40-27-109. The cookies is used to store the user consent for the cookies in the category "Necessary". Atty Gen. No. (xxx) Section 39-16-609(e)Failure to appear (felony); 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. However, the TDPDC makes no claims or guarantees concerning the accuracy, completeness, or adequacy of the content and expressly disclaims liability for errors and omissions. By statute, the Board of Probation and Parole must base clemency recommendations upon its application of guidelines and criteria adopted by the governor. Tenn. Code Ann. In 2022 victims of human trafficking were exempted from this provision. Webit cannot be expunged. Find a lawyer near you. 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). 7 Can a felony charge be removed from your record? . 3520) (2012). 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. 40-32-101(g)(15)(A)-(D). Felonies are the most serious, often violent, crimes. An individual who receives a pardon that restores full rights of citizenship must still petition the court for restoration. 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. Legislation enacted in 2014 allows a person (including a person with a federal and out-of-state conviction) to petition the court for a certificate of employability that lifts certain licensing disqualifications and protects employers and others from liability for the actions of a certificate-holder. 40-32-101(b)(1). 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). Contact us online or call 630-793-0597 to set up a free consultation. (iii) Section 39-13-604(c)(2)Knowing dissemination of illegally recorded cellular communication; See Tenn. Op. Tenn. Code Ann. AdministrationC. [T]he need for a pardon will not be found compelling when other provisions of the law provide appropriate relief for the petitioner. Id. A number of law enforcement records are excluded from the definition of public records that may be expunged:Public records, for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public. The cookie is used to store the user consent for the cookies in the category "Other. The law originally applied only to people with a single conviction, but in 2017 individuals with two convictions (no more) are permitted to petition on a one-time basis for expungement of both convictions, if each offense is otherwise eligible and if the offenses are either two misdemeanors or one misdemeanor and one felony. 40-29-202(a). Deferred adjudication (Judicial diversion)F. Pretrial diversionG. Partial expungement does not apply to non-conviction records. Generally speaking, you are eligible to apply for expungement if your convictions were all non-violent, non-sex-oriented, did not involve a minor, and were either misdemeanors or felonies of the fourth or fifth degree. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 40-27-101 states that the governors power is subject to the regulations provided in this chapter, which require the governor to keep a record of the reasons for each clemency grant and associated documents, and submit the same to the general assembly when requested.. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. I would recommend contacting an attorney in your area with specific information regarding your charge and your situation. In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). Misdemeanors can usually be expunged for $1,000 or less. 4 What charges Cannot be expunged in Georgia? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Lawyer directory. (xxxvii) Section 39-17-423(c)Counterfeit controlled substance; Since 2012, courts have been authorized under Tenn. Code Ann. SB-2440, 1(e)(1). (xiii) Section 39-14-133Fraudulent or false insurance claim; For a felony offense, the typical waiting period before you can file an expunction is three years. (xix) Section 39-14-149Communication theft (fine only); Family violence battery convictions (unless the offender was under 21). 37-1-153(f). We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Petitioners seeking expungement must meet the following additional requirements: Conviction must be for an eligible offense. 40-32-101(a)(1). be expunged earlier subject to the courts discretion), unless the child was accused of an act that, if committed by an adult, would constitute terrorism. D. Expungement for victims of human trafficking, person is not entitled to expungement of non-conviction records if convicted of a similar charge or if convicted of one or more charges in a single indictment. SeeIn addition, the governor will give serious consideration to pardon requests where: 1) applicant has had no conviction for five years since completion of sentence for which he seeks pardon; 2) applicant has demonstrated good citizenship, which means both specific achievements and incident-free behavior; and 3) petition has demonstrated with proper verification a specific and compelling need for a pardon. Id. Can you get a Class C felony expunged in Tennessee? A Class E felony committed after November 1, 1989, may be expunged if: the sentence was for (3) years or less and, for a Class E felony committed after November 1, 1989, and, Custodial interference where person not voluntarily returned by defendant, Knowing dissemination of illegally recorded cellular communication, Fraudulent use of credit card or debit card ($501-$999), Destruction of valuable papers ($501-$999), Fraudulent or false insurance claim ($501-$999), Fraudulent qualifying for set aside programs ($501-$999), Sale of recorded live performances without consent ($501-$999), Unauthorized solicitation for police, judicial or safety associations, Fraudulent transfer of motor vehicle with value of less than $20,000, Communication theft ($501-$999 (fine only), False information in applying for housing project accommodations, Utility service interruption or property damage, Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume), Violation of Tennessee Personal and Commercial Computer Act ($501-$999), Unsolicited bulk electronic mail ($500- $999), Taking telecommunication device into penal institution, Evading arrest in motor vehicle where no risk to bystanders, Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000), 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), Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000), Simple possession or casual exchange (3rd offense), Unlawful drug paraphernalia uses and activities.