These cookies will be stored in your browser only with your consent. (iv) Section 39-14-105(a)(2)Theft; Persons convicted of a felony are disqualified from office unless and until their rights have been restored by a court. You may be able to have your criminal record expunged and this will remove or alter the conviction in the court's records. 1100-01-01-.16(1)(f). 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. App. . 40-32-101(b)(1). In the event the City wishes to withdraw a conditional offer of employment after obtaining the applicants criminal history, the City must give provide the applicant with an opportunity to respond, in light of these criteria. The application shall summarize the applicants criminal history with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the years of each conviction or plea of guilty for each of those offenses. The district attorney general of the county in which the petitioner was convicted shall have twenty (20) days notice of the petition in order that, if deemed advisable, each may resist. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Find a lawyer near you. Multiple contemporaneous convictions may be treated as a single offense and expunged together. (xxxiii) Section 39-17-417(g)(1)Manufacture, delivery, sale, or possession of not less than one-half ounce ( oz.) https://www.tn.gov/bop/agency-services/executive-clemency-unit.html(explanation of clemency application process, including Governors Guidelines for Pardons, Commutations & Reprieves (April 1, 2011)). 40-35-313(b). (xxxiv) Section 39-17-417(h)Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000); Wiki User. ContactIII. What felonies can be expunged in Tennessee? (iii)The person was arrested and released without being charged. By clicking Accept All, you consent to the use of ALL the cookies. (xiii) Section 39-14-133Fraudulent or false insurance claim; The Act allows an individual to request a preliminary determination concerning whether their criminal history will be disqualifying. Furthermore, if diversion is denied, [t]he court must explain on the record why the defendant does not qualify under its analysis, and if the court has based its determination on only some of the factors, it must explain why these factors outweigh the others. Id. See Tenn. Code Ann. The TDPDC strives to make the information in this website timely and accurate. See Municipal Ordinance No. of Schedule VI drug marijuana (fine not greater than $2,500); While clemency can be granted by the governor or Pardon Board official in the case of a state felony, or by the President of the United States if its a Federal felony. The Tennessee Supreme Court has confirmed that judicial restoration of civil rights (see Part III, infra) does not relieve the restrictions in 39-17-1307(b) applicable to persons convicted of violent crimes or drug crimes. upon request.). 2.3. Once a persons juvenile record is expunged, the person shall not be held criminally liable under any provision of state law to be guilty of perjury or otherwise giving a false statement by reason of the persons failure to recite or acknowledge such record or arrest in response to any inquiry made of the person for any purpose. Discharge and dismissal under this authority may occur only once with respect to any person. WebA Class E felony committed after November 1, 1989, may be expunged if the sentence was for three (3) years or less and appears in the below list. Expunction is the removal of a conviction (especially for a first offense) from a person's criminal record. As a result, if you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. 39-17-1307(c). We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. App. 40-29-105(a) and (b). If a hearing is held, the Board notifies various interested parties, including the prosecutor, judge and police. A pardon may serve as grounds for expungement, and thus restoration of firearms rights. Tennessee is one of a handful of states that specifically allows courts to redact conviction records to expunge charges not resulting in conviction, though only from electronic databases. The ordinance also requires the City to consider seven criteria in determining whether an applicants conviction history warrants a denial of employment, including the nature of the crime and its relationship to the job for which the person has applied, the time elapsed since the conviction or release, and the gravity of the offense. Practitioners and affected individuals are encouraged to review the law carefully and seek expert advice. Tenn. Code Ann. The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice of the petition and shall be given the same opportunity to resist, as afforded the United States attorney and the district attorney general when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court. For more information on these complex rules, see the Secretary of States website on Restoration of Voting Rights: https://sos.tn.gov/products/elections/restoration-voting-rights. 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. App. 40-32-101(b)(1). Tenn. Code Ann. WebHow to Get a Felony Expunged in Tennessee As long as it is your only conviction, or if you have no more than one other eligible misdemeanor conviction on your record, the following 40-32-101(g)(10), (17) (as amended by SB797(2019).11 Until 2021 there was no provision for waiver for indigency, but the $100 filing fee could be paid in installments. Most first time felons can have a felony expunged. 40-32-101(b)(1). [T]he need for a pardon will not be found compelling when other provisions of the law provide appropriate relief for the petitioner. Id. 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. 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. R. & Regs. (xvii) Section 39-14-143Unauthorized solicitation for police, judicial, or safety associations; The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge after a year from the successful completion of probation and provide the child with a model expunction motion prepared by the administrative office of the courts. Tenn. Code Ann. (v) Section 39-14-114(c)Forgery; Misdemeanors can usually be expunged for $1,000 or less. Restoration of full rights of citizenship includes restoration of firearms rights, except as otherwise provided by law for violent and drug offenses. It must also inform the applicant or licensee of the opportunity to appear or hold an informal interview with the board. 40-29-202(a) and 203(a).) (If you were convicted of one of the felonies listed below and sentenced to imprisonment of 3 years or less and the offense was committed on or after November 1, 1989). Sec. See 40-29-107(o). fitness required to perform the duties and discharge the responsibilities of the Court clerks shall not be liable for any errors or omissions relating to the removal and destruction of records under this section. Under the 2012 law, expungement restores firearms rights even for drug and violent offenders.12. . Expungement, sealing & other record reliefA. art. or any equivalent discharge by another state, the federal government, or county correction authority. See id. tit. (xxxv) Section 39-17-418(e)Simple possession or casual exchange (3rd offense); 40-29-202(a). The TDPDC is the Tennessee District Public Defenders Conference which is comprised of the 31 elected district public defenders across the state of Tennessee. Other judicial rights are lost only with a sentence to the penitentiary: The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, and operates as a removal from office. 40-20-115. 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. 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