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Expungment-final _00434920_

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Expungment-final _00434920_ Powered By Docstoc
					                           Can I get this criminal case off my record?

                                  Unfortunately, probably not.

           The law provides only three ways for a conviction to be “taken off” your record:

                  1)      For a federal conviction, a presidential pardon;

                  2)      For a state conviction, a pardon from the governor; or

                  3)      State court expungement, explained below.

                  All criminal charges are recorded by law enforcement and are widely
           available as public records.

           Such records may generally be expunged (erased or deleted) under Tennessee law
only if:

           1. The charge was dismissed or the defendant was found not guilty, or a grand
              jury declined to indict the defendant, or the defendant was arrested and
              released with no charge having been made, or the defendant qualified for and
              successfully completed diversion.


           2. If the defendant was found guilty of or pleaded guilty to a felony and virtually
              all misdemeanors, the records may not be expunged. This type of
              expungement is after successful completion of “Judicial Diversion”. In rare
              cases, some misdemeanors may be expunged; if there have been no further
              arrests for a period of thirty-seven years.

              Both “Pre-trial and Judicial Diversion” require a Court Order and therefore a
              lawyer.


           “Public Records” do not include arrest-only histories, investigative reports,
           intelligence information of law enforcement agencies, files of District Attorneys
           General maintained as confidential records for law enforcement purposes, or
           records of the Department of Children’s Services or Department of Human
           Services.

				
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posted:11/15/2011
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