Getting Record Expunged in Tennessee

**accio_c** · 05-24-2012, 11:34 AM

My question involves criminal records for the state of: Tennessee

I've been Googling pretty hard, but every website and forum I visit tells me that I need to retain an expungement lawyer in order to get my record *properly* expunged. The problem is, I work for little over minimum wage, and can barely afford to pay my own bills, let alone retain a lawyer.

I plead "conditionally guilty" to theft under $500, have served my year's probation without any sort of citations or arrests. I've also paid all of my probation and court fees.

Now, I'd like to eventually start looking for new jobs but I definitely need to have the record expunged first.

I found this, but I really just... I don't understand most of it:
For expungement under TCA § 40-35-313 or TCA § 40-32-101, an eligible person must petition the court having jurisdiction over the records for an order to expunge. The court shall send or cause to be sent a copy of such dismissal and expungement order to the Tennessee bureau of investigation for entry into its expunged criminal offender and pretrial diversion database; provided, however, the court shall not be required to send to the bureau a copy of any dismissal and expungement order dated on or after July 1, 1999, if the charge dismissed is classified as a Class B or C misdemeanor. The order shall contain the name of the person seeking dismissal and expungement, the person’s date of birth and social security number, the offense that was dismissed and the date such dismissal and expungement order is entered.

A defendant applying to a court for expungement of such defendant’s records following successful completion of the diversion program authorized by this section shall be assessed a fifty dollar ($50.00) fee. The fifty dollar ($50.00) fee shall not apply to any case where there has been an acquittal, nolle prosequi, or dismissal for failure to prosecute or where the law does not require a copy of the expungement order be sent to the Tennessee bureau of investigation.

All I get from here, is that I will have to pay someone $50. Any other translations/help would be greatly appreciated! Thanks for reading!

**Mr. Knowitall** · 05-25-2012, 07:02 AM

Honestly, if you cannot understand that statute, it is pretty clear why people are suggesting that your retain a lawyer. As statutes go, that one's pretty easy to understand - and if you want to navigate through the world of statutes and court rules without a lawyer, you need to be able to understand them.

The first part of the statute tells you where to file your petition. The part about the court's duties does not impose any additional burden upon you. You say you understand the part about the fee.