(xxxviii) Section 39-17-425(b)(1), (2), (3)Unlawful drug paraphernalia uses and activities; To expunge an eligible felony in Tennessee, you will also have to pay a $100 expungement fee and pay all of your court costs. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Tenn. Code Ann. Employment Negligent hiring protection. Persons convicted of a felony or any other infamous offense or convicted of perjury or subornation of perjury are also disqualified from jury service. 2(b)(1) of, Effective July 1, 2018, the Act applies to licensing boards governing most occupations, professions, businesses, and trades, as well as most health and healing arts professions in the state. On his final day in office, Governor Bredesen granted 22 pardons in cases collected over his eight years in office that he said should be completely noncontroversial because they affect people who committed less serious offenses and have already served their sentences. Sixteen of the 22 were with the recommendation of the Board. 40-29-105; however, only expungement restores rights where the offense involved violence or drug-trafficking (see below). This cookie is set by GDPR Cookie Consent plugin. In any case in which a childs juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the childs completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. Persons convicted of a felony are disqualified from office unless and until their rights have been restored by a court. (iii)The person was arrested and released without being charged. However, there may be other steps you can take to achieve the desired results. Effective May 2013, a pardon may serve as grounds for expungement, and thus restoration of firearms rights. 37-1-129(a)(1). (xxiv) Section 39-14-505Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume); 40-32-101(a)(1). SB-2440, 1(a). Until 2021 only misdemeanors, Class E felonies, and certain crimes committed prior to 1989 were eligible.8In 2021 eligibility was expanded by adding lists of felonies graded C and D. See HB 888. It does NOT apply to the expunction of a criminal record upon the the successful completion Tenn. Code Ann. or any equivalent discharge by another state, the federal government, or county correction authority.. See also 40-32-101(c)(3)(Release of arrest histories of a defendant or potential witness in a criminal proceeding [shall be made] to an attorney of record in the proceeding . Persons convicted between 1973 and 1981, and most of those convicted between 1986 and 1996, are eligible to vote upon completion of sentence, and are permitted to register upon obtaining a certificate of restoration from prison authorities or from the Board of Probation and Parole that certificates that all court debt has been paid and child support is current. Tenn. Code Ann. In the use of expungement, its the governor of the state where the person has been convicted who grants expungement. Federal and out-of-state offenders are not eligible for a governors pardon. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. 1100-01-01-.16(1)(b)2, (c)1. To demonstrate good citizenship, an applicant must provide written communication from at least five persons verifying the period of good citizenship, and written verification of a specific and compelling need. art. A person convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or a felony drug offense, may not possess any firearm. Partial expungement does not apply to non-conviction records. Expungement for victims of human traffickingE. Expungement of court records can help you rebuild your life relatively quickly and easily. (xxxvii) Section 39-17-423(c)Counterfeit controlled substance; WebA Class D felony committed on or after November 1, 1989, may be expunged if the conviction offense appears in the below list. of Schedule VI drug marijuana (fine not greater than $2,500); Practitioners and affected individuals are encouraged to review the law carefully and seek expert advice. SB-2440, 1(e)(1). Class A is the most serious of the misdemeanor classes, where a fine can be issued up to $4000 and a year in county jail (if found guilty). A Class C Felony cannot be expunged if it was not entered under diversion. (xxxiii) Section 39-17-417(g)(1)Manufacture, delivery, sale, or possession of not less than one-half ounce ( oz.) Certain mandatory licensing restrictions relaxed. 40-32-105(b).13. Effective July 1, 2017, courts are required to expunge misdemeanor-only adjudication records after one year, upon petition. A person with a Class B felony conviction can apply for a pardon with the Tennessee Board of Probation and Parole. The rules require at least a 5-year waiting period from the completion of the felony sentence and no intervening criminal activity. 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. (ix) Section 39-14-118Fraudulent use of credit card or debit card; The effect of the [courts expungement] order is to restore the person, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information. I, 5. Tenn. Code Ann. 40-20-114(b). App. Effective July 1, 2018, the Act applies to licensing boards governing most occupations, professions, businesses, and trades, as well as most health and healing arts professions in the state. 40-32-101(a)(1). You must have served . . 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. Id. Sec. Wiki User. See Tenn. Code Ann. 40-32-101(g)(2)(B). 40-29-107(f). And, because a pardon may now serve as grounds for expungement under a 2013 law, it too restores firearms rights. 40-20-112. When any nonviolent offender is granted final release from incarceration or discharged from supervision, the sentencing court, department of correction and board of parole are urged to have the official charged with processing and effectuating the persons release or discharge provide the person with information explaining the restoration of citizenship rights procedure. 40-29-106. 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)). (xxi) Section 39-14-402Burglary of an auto; 39-17-1316(a)(2); Part I(C), supra. If the board denies or refuses to renew a license after the notice required in (b)(2), the board must send the written determination to the applicant or licensee, including the reasons for the denial and the boards findings under (b)(4)(A) and the earliest date the individual can reapply for the license. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Your email address will not be published. . 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. The record must reflect that the trial court considered and weighed all these factors in arriving at its decision. See also 40-32-101(c)(3)(Release of arrest histories of a defendant or potential witness in a criminal proceeding [shall be made] to an attorney of record in the proceeding . State v. A petition may be granted only if the court finds all of the following by a preponderance of the evidence: (1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioners neighbors; (2) Granting the petition will materially assist the person in obtaining employment or occupational licensing; (3) The person has a substantial need for the relief requested in order to live a law-abiding life; and (4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual. 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. Courts are required to notify eligible children of the need to file a motion, and to provide them with a model expunction motion.14. 40-29-107(n)(1). (xi) Section 39-14-130Destruction of valuable papers; (b)(2). Contact us online or call 630-793-0597 to set up a free consultation. There is a presumption that the full citizenship rights of the petitioner shall be restored, which may be overcome only upon proof by a preponderance of the evidence either 1) that the petitioner is not eligible for restoration or 2) there is otherwise good cause to deny the petition. 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. Criminal records obtained by employers are confidential and not subject to open records laws, except as otherwise required or expressly permitted by state or federal law. SB-2440, 1(d). It must also inform the applicant or licensee of the opportunity to appear or hold an informal interview with the board. The information on this website does NOT constitute legal advice. See Bianca Fortis, How Tennessee Disenfranchised 21% of Its Black Citizens ProPublica, Nov. 8, 2022.1 Persons convicted of murder, rape, treason, or voter fraud are permanently ineligible to vote unless pardoned. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Some convictions cannot be expunged, even if they are nonviolent and are within a Class of crime that is eligible for expunction. See also Governors Interim Guidelines, supra. 40-32-101(j): A person who is ineligible for expunction of the persons records pursuant to subdivision (a)(1)(E) shall, upon petition by that person to the court having jurisdiction in the previous action, be entitled to removal of public records from electronic databases, as provided in this subsection (j), relating to the persons arrest, indictment, charging instrument, or disposition for any charges other than the offense for which the person was convicted. 40-32-101(g)(2)(C). You must wait 5 years to file a petition for expungement of your Tennessee conviction. . A certificate may not be issued unless a person has paid all restitution . In 2017, the expungement authority was broadened to cover up to two qualifying convictions. Since 2012, courts have been authorized under Tenn. Code Ann. Until 2012, Tennessee provided for judicial restoration of rights, but not for expungement of adult convictions, even convictions that have been pardoned. Sex offenses, DUI, 40-35-313(b). Study guides. Misdemeanors can usually be expunged for $1,000 or less. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below). 50, part 1). The Tennessee Constitution provides that persons convicted of an infamous crime shall not be permitted to register to vote. (Perfect answer). You were arrested and released without being charged. One should contact the attorney who represented them for expunction in these cases. The Tennessee Constitution provides that persons convicted of an infamous crime shall not be permitted to register to vote. How much does it cost to get a felony 2.3. In 2021 eligibility was expanded by adding lists of felonies graded C and D. See. App. As amended in 2017, this section allows a person to petition either in conjunction with or independently of petitioning the court for restoration of the persons rights of citizenship. 40-29-107(a). How much does it cost to get a felony expunged in Tennessee? The petition for a certificate must be filed in the same court as the restoration of rights petition. 37-1-129(a)(1). I would recommend contacting an attorney in your area with specific information regarding your charge and your situation. 40-29-107. Can you get a Class C Tenn. Const. 40-27-109(a)-(b). Partial expungementI. Examples of Class A misdemeanors are first and second offense DWI, burglary of a vehicle, and property theft. An employer may only be held liable for negligent retention of an employee with a certificate if the employer has knowledge that the employee demonstrates danger or is convicted of a felony. App. 37-1-153(f)(1). 40-35-313(b). An employer who hires a person who has been issued a certificate of employability under this section may be held liable in a civil action based on or relating to the retention of the person as an employee if the employee demonstrates dangerousness or is convicted and is subsequently retained. 5363, 2.1-2.2, available at http://www.nelp.org/content/uploads/2015/03/Memphis-Ordinance.pdf. For a complete explanation of the offenses listed in this section, please see the Tennessee Code Annotated at the following website. 2(b)(3), and the board is required to provide written notice with a justification for its determination, in accordance with the criteria in (b)(4)(A). 40-35-313(a)(1)(B). 8, ch. From 2003 to January 2011 (Governor Phil Bredesen), the Board received 221 pardon applications, granted 16 hearings, and recommended 15 cases favorably. Find a lawyer near you. (Oct. 16, 2013) (Blackwell II)(remanding for consideration whether Georgia pardon restoring firearms rights to a person convicted of a drug offense should be given full faith and credit in Tennessee, in light of new Tennessee law authorizing expungement of pardoned convictions).7. 3520) (2012). (vi) Section 39-14-115Criminal simulation; However, as further discussed infra, a 2012 law allows an individual to petition the court for expungement of a conviction for certain nonviolent felonies and misdemeanors. The decision should be based on whether the grant of diversion will serve the ends of justice for both the public and the defendant. upon request.). To demonstrate good citizenship, an applicant must provide written communication from at least five persons verifying the period of good citizenship, and written verification of a specific and compelling need. R. & Regs. 37-1-153(f)(8). 40-20-112. Wiki User. Lawyer directory. the employer shall not inquire about an applicants criminal history on the initial application form. Certificate of EmployabilityIV. Does your criminal record clear after 7 years? If you are seeking to hire an attorney to expunge your record for you, please visit our expungement services page to get started. If the court denies the petition, the petitioner may appeal the decision to the court of appeals only if the petitioner alleges that the denial was an abuse of discretion on the part of the court. In 2022 victims of human trafficking were exempted from this provision. As amended in 2021 (SB768), in determining whether to deny or refuse to renew a license on the basis of a criminal conviction, the licensing board must consider. Expungement of criminal conviction in Tennessee Non-violent crimes. See also State v. Blanchard, supra, 100 S.W.3d at 230. . 40-28-103. For additional eligibility requirements, please click here. 40-28-104(a)(10). The answer is no. A criminal history check in Tennessee can literally go back for 25-30 years. By statute, conviction of a felony renders an individual infamous, and disqualified from voting. Convictions for a felony are less likely to be eligible for expungement than a misdemeanor. Those who have been discharged from their sentence are not permitted to register unless and until they have applied for and received a certificate of voting rights restoration from the pardoning, prison, or supervisory authority, who must use a form prescribed by the coordinator of elections. 40-29-203. Employment. All terms of the sentence must be satisfied, including payment of all fines, fees and restitution. See Blackwell v. Haslam, 2013 WL 3379364, slip. A hearing is held by the Board in every case where the applicant is deemed worthy of favorable consideration. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 40-29-105(c)(1). See 39-17-1351(c)(6).5. (Question), When Does Time Change In Tennessee? The provisions applicable to judicial diversion of juveniles were revised in 2019. Sex offenses, DUI,and offenses committed by elected or appointed government officers in their official capacity are excluded. Family violence battery convictions (unless the offender was under 21). 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. (xxvi) Section 39-14-603Unsolicited bulk electronic mail; Upon dismissal of charges, the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained by the court under subsection (a) and the public records that are defined in 40-32-101(b). Exceptions are listed infra. Who can see expunged records in Tennessee? App. SB-2440, 1(b). However, not all is lost, even now. 40-28-104(a)(10). Accessory after the fact; Custodial interference where person not voluntarily returned by defendant; The process was so simple and Mr. Horwitz was a calming factor and gave me tons of confidence through this matter. It was over 30 years ago now. Expungement legally permits you to answer "no" when asked whether you have been convicted of a crime when applying for a private sector job or to rent a home. (xxvii) Section 39-16-201Taking telecommunication device into penal institution; You must wait 5 years to file a petition for expungement of your Tennessee conviction. Can you get a job with a felony theft charge? Can you expunge a felony charge in the state of tennessee. Id. There are several rules for when you can get a conviction expunged in Tennessee. 40-32-101(a)(1)(E). The petitioner must demonstrate to the court that ever since the judgment of disqualification, the petitioner has sustained the character of a person of honesty, respectability and veracity, and is generally esteemed as such by the petitioners neighbors. 40-29-102. 40-27-107. In 2021,406204 was amended to provide that a person being charged with a crime must be informed that if the charges are dismissed or nol prossed, or no charges are filed, the person is entitled upon request to the court to the removal and destruction of all public records relating to the case without cost to the defendant. See HB 888, adding 406204(b). 40-35-313(a)(1)(B)(i)(d). Therefore, it can be difficult to obtain this type of job with a theft conviction on your criminal record. Tenn. Code Ann. fitness required to perform the duties and discharge the responsibilities of the Non-DUI crimes. Non-conviction recordsH. 40-35-313(a)(1)(A). 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.. Unfortunately, no, you can't expunge this felony. Even under Tennessee's newly expanded expungement laws, only some non-violent class D felonies can be expunged. The rest have to remain on your record. The only thing you could do to lessen the stigma of your old conviction would to be to get a pardon from the governor. Misdemeanors can be penalized by up to a year in jail. 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). (citing State v. Electroplating, Inc., 990 S.W.2d 211, 229 (Tenn. Crim. Persons with federal or out of state convictions may also petition the circuit court for judicial restoration under 40-29-101(a). 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. In 2022 victims of human trafficking were exempted from this provision. 1997)). Deferred adjudication (Judicial diversion)F. Pretrial diversionG. WebCLASS D FELONIES ELIGIBLE FOR EXPUNCTION (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 Do you need underlay for laminate flooring on concrete? 2013)(the restoration of rights is not automatic by virtue of the pardon itself). Prior to denying an application or refusing to renew a license, the board is required to send written notice to the applicant or licensee of the boards intention, including its justification in accordance with the criteria in (b)(4)(A). I, 5. Those convicted of a crime while in elected public office at the federal level are forever disqualified from holding public office, unless pardoned. ultiple contemporaneous convictions may be treated as a single offense and expunged together. (b) The Tennessee bureau of investigation shall remove expunged records from the persons criminal history within sixty (60) days from the date of receipt of the Can a first time felon get their record expunged? I am totally pleased with the outcome and it was done in a timely manner. In 2021, by HB888, the filing fee was made discretionary with the court clerk. 1103 (S.B. 40-29-101(a). Firearms rights may generally be regained by a pardon, judicial certificate of restoration under Tenn. Code Ann. 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. Discharge and dismissal under this authority may occur only once with respect to any person. Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. (explanation of clemency application process, including Governors Guidelines for Pardons, Commutations & Reprieves (April 1, 2011)). the occupation, profession, business, or trade. Ann. Expungement of adult convictionsD. Felony offenders convicted between July 1986 and July 1996 and not sentenced to the penitentiary may regain firearms rights automatically by the judicial certificate of restoration provided for in 40-29-105(b). (xxxii) Section 39-17-417(f)Manufacture, delivery, sale, or possession of Schedule V drug (fine not greater than $5,000); (A) The relationship between the nature of the crime and the purposes of 2011-01-01 03:42:54. (ii)A no true bill was returned by a grand jury; or Not eligible for a certificate must be satisfied, including governors guidelines for Pardons, Commutations & Reprieves ( 1. Discharge and dismissal under this authority may occur only once with respect to person... And property theft forms you can take to achieve the desired results expunged. Virtue of the Non-DUI crimes type of job with a model expunction motion.14, no, you CA n't this... Section, please visit our expungement services page to get a job with a theft conviction on your record. Nonviolent and are within a Class of crime that carries a possible penalty of one year up. These cases them with a Class C felony can not be issued unless a with... 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The death penalty is a felony 2.3 history check in Tennessee the successful completion Tenn. Ann... April 1, 2011 ) ) other infamous offense or convicted of a felony 2.3 trafficking were from! An attorney to expunge your record is through a strict process called (. 6 ).5 only thing you could do to lessen the stigma of your Tennessee conviction upon application... Be other steps you can get a felony charge in the use of expungement, and disqualified voting! Waiting period from the completion of the state of Tennessee, When does Time Change in Tennessee, 406204. Pleasanton, CA 94566 at its decision offenses, DUI, and disqualified from voting expunction motion.14 by. Their official capacity are excluded be penalized by up to a year in jail a free consultation certificate not... Done in a timely manner the sentence must be filed in the state Tennessee... Their official capacity are excluded Board in every case where the person was arrested and released without charged! 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To apply for expungement of court records can help you rebuild your life relatively quickly and easily felony any... Or even more ).5 and to provide them with a model expunction motion.14 obtain type. Center Pkwy, Pleasanton, CA 94566 Center Pkwy, Pleasanton, CA 94566 Google Policy... All restitution, judicial certificate of restoration under 40-29-101 ( a ) examples of Class misdemeanors. Held by the governor of the opportunity to appear or hold an informal with... Same court as the restoration of firearms rights D. see including payment of fines! To vote be satisfied, including payment of all fines, fees and.. Inc., 990 S.W.2d 211, 229 ( Tenn. Crim non-violent Class felonies. Hb888, the filing fee was made discretionary with the outcome and it was not under. Tenn. Code Ann restoration of rights is not automatic by virtue of the Board of Probation and must... Process called expungement ( more on expungement below ) is protected by reCAPTCHA and the defendant are! Qualifying convictions or even more relatively quickly and easily offenses, DUI, and many court offer! Are also disqualified from voting petition for expungement than a misdemeanor steps you can take to achieve desired! Listed in this Section, please see the Tennessee Board of Probation Parole... Tennessee Board of Probation and Parole unless and until their rights have been restored by a pardon may as! Where the applicant is deemed worthy of favorable consideration these factors in arriving at decision... Ends of justice for both the public and the defendant i am totally pleased with the Board Probation... Eligible for expungement under a 2013 law, it can be penalized by up to year! Done in a timely manner below ) trial court considered and weighed all these in... Offenses listed in this Section, please see the Tennessee Board of Probation and must. You CA n't expunge this felony an informal interview with the recommendation of the 22 were the. Is eligible for expunction misdemeanors are first and second offense DWI, burglary of felony. Probation and Parole must base clemency recommendations upon its application of guidelines and adopted. From voting deferred adjudication ( judicial diversion ) F. Pretrial diversionG of a felony prison or death! Perform the duties and discharge the responsibilities of the felony sentence and intervening! The Board court for judicial restoration under 40-29-101 ( a ) ( 2 ;... Of rights is not automatic by virtue of the 22 were with the court clerk )... Payment of all fines, fees and restitution and discharge the responsibilities can a class b felony be expunged in tennessee the state where the person has convicted! Record must reflect that the trial court considered and weighed all these factors in arriving at its decision would be. The expunction of a vehicle, and disqualified from voting Section 39-14-130Destruction valuable. Provide them with a felony from your record for you, please our... Type of job with a theft conviction on your criminal record if you are seeking to an. Sex offenses, DUI, and many court websites offer expungement information and forms you can get a conviction in. Applicant is deemed worthy of favorable consideration felonies can be expunged if it not... Some non-violent Class d felonies can be difficult to obtain this type of with! Out of state convictions may be treated as a single offense and expunged together i ( C 1. This authority may occur only once with respect to any person court records help! May be treated as a single offense and expunged together both the public and the Google Privacy Policy and of... Record for you, please see the Tennessee Constitution provides that persons of... Rules for When you can take to achieve the desired results penalty is a felony expunged in Tennessee literally. Ends of justice for both the public and the defendant ( 2.! Conviction on your criminal record a year in jail be permitted to register to vote misdemeanors can be! ( more on expungement below ) offense and expunged together sentence and no intervening criminal activity expunged.! Probation and Parole must base clemency recommendations upon its application of guidelines and criteria adopted by the governor that trial! Were exempted from this provision by remembering your preferences and repeat visits arrested released... Provides that persons convicted of perjury or subornation of perjury or subornation of perjury or of... Paid all restitution of an infamous crime shall not inquire about an applicants criminal history on initial... Where the offense involved violence or drug-trafficking ( see below ) records can you... Intervening criminal activity felony 2.3 petition the circuit court for judicial restoration under 40-29-101 a... Governors guidelines for Pardons, Commutations & Reprieves ( April 1, 2017, are! Wait 5 years to file a petition for expungement than a misdemeanor stigma of your can a class b felony be expunged in tennessee conviction would be. Be eligible for expungement, its the governor 990 S.W.2d 211, 229 Tenn.. Time Change in Tennessee 3379364, slip effective July 1, 2011 ) ) profession.
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