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  1. #1
    Join Date
    Aug 2005
    Location
    springfield, tn
    Posts
    2

    Default Tennessee Expungement Law for a Shoplifting Conviction

    hi everyone i live in tennessee and about 5 months ago i got caught shoplifting from wal mart. it totaled to be about $12.37. i have already been to court, i got 11/29 probation it became unsupervised after all of my fines were paid for they were about $375. now i am trying to move up into management at my job and they do a background check, they said my misdemeanor may hold me back from moving up. one of the managers told me to get it expunged and they would not be able to see my record. how long do i have to wait before it can be expunged and wo should i talk to about starting this process?
    please help
    thank you

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Tennessee Expungement Law

    As far as I know, Tennessee has no law which permits the expungement of adult criminal offenses, except within the context of pre-trial or post-verdict diversion.
    Quote Quoting Tennessee Code Section 40-32-101. Destruction or release of records.
    (a) (1) All public records of a person who has been charged with a misdemeanor or a felony, and which charge has been dismissed, or a no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, and all public records of a person who was arrested and released without being charged, shall, upon petition by that person to the court having jurisdiction in such previous action, be removed and destroyed without cost to such person; however, the cost for destruction of records shall apply where the charge or warrant was dismissed in any court as a result of the successful completion of diversion program according to §§ 40-15-102 - 40-15-105; provided, that such cost for destruction shall not exceed twenty-five dollars ($25.00); provided, that the records of a person who successfully completes a diversion program pursuant to §§ 40-15-102 - 40-15-105 shall not be removed and destroyed pursuant to this section if the offense for which prosecution was suspended was a sexual offense as defined by § 40-39-102(5) [repealed]; provided, however, that when a defendant in a case has been convicted of any offense or charge, including a lesser included offense or charge, the defendant shall not be entitled to expungement of the records or charges in such case pursuant to this part.

    (2) All public records of a person required to post bond under the provisions of § 38-3-109 or § 38-4-106 [repealed] shall be removed and destroyed as required by this chapter upon the expiration of any bond required, if no surety on the bond is required to fulfill the obligations of the bond.

    (3) Upon petition by a defendant in the court which entered a nolle prosequi in the defendant's case, the court shall order all public records expunged.

    (4) For purposes of this section, "court" includes any court exercising juvenile jurisdiction.
    There is a provision for discharge / expungement following a deferred disposition by the court, although it appears to be a sentencing option:
    Quote Quoting Tennessee Code Section 40-35-313. Probation - Conditions - Discharge - Expungement from official records.
    (a) (1) (A) The court may defer further proceedings against a qualified defendant and place such defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. Such deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged, or not more than the period of the maximum sentence of the felony with which the person is charged. The deferral is conditioned upon the defendant paying an amount to be determined by the court of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, and upon the defendant paying any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner, based upon the defendant's ability to pay. Such payments shall be made to the clerk of the court in which proceedings against such defendant were pending, who shall send the payments to the agency, department, program, group or association responsible for the supervision of such defendant, unless such defendant is found to be indigent and without anticipated future funds with which to make such payment. The clerk of the court collecting such payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of such proceeds as provided in this subdivision (a)(1)(A).

  3. #3
    Join Date
    Aug 2005
    Location
    springfield, tn
    Posts
    2

    Default thank you

    thank you for your help. but another thing i would like to know is if anyone knows about background checks. i was wondering if anyone might know if they can see misdemeanors on a background check or can they just see felonies. i have had a few people tell me that they can only see felonies. could anyone help me with that please.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Criminal Background Check

    If the employer actually obtains a copy of your criminal record, it will reflect all convictions (both misdemeanors and felonies).

  5. #5
    Join Date
    Nov 2005
    Location
    Portland
    Posts
    37

    Default

    u were charged $375????? for a merchandise of $12????isnt it too much!!!
    i was cought lifting merchandise worth $28...what do u think would be my fine!!!

  6. #6
    Join Date
    Apr 2005
    Location
    TN
    Posts
    8

    Default

    . Who is eligible to get records expunged?

    1) A person who is exonerated by the governor under TCA § 40-27-109. Executive pardons are not eligible for expungement. See, State v. Blanchard, 100 S.W.3d 226 (Tenn.Crim.App. 2002).
    2) A person who was dismissed and the proceedings against the person discharged under TCA § 40-35-313, except if such discharge and dismissal was for a sexual offense.
    3) A person dismissed, or had no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, or was arrested and released without being charged. TCA § 40-32-101.
    4) A person whose bond has expired and no surety has been required to fulfill conditions of the bond. TCA § 40-32-101.
    5) A defendant in the court which entered a nolle prosequi in the defendant's case. TCA § 40-32-101.
    6) A first-time offender of other than a sexual offense when the offense that was committed prior to such person's twenty-first birthday and has since had no other convictions. TCA § 40-32-101.
    7) A person who has complied with terms of a diversion agreement made pursuant to TCA §40-15-105.

    4. What records may be expunged?

    For persons dismissed and discharged under TCA § 40-35-313, they may apply to the court for an order to expunge from all official records, other than the non-public records to be retained by the court and the public records which are defined below, all recordation relating to the person's arrest, indictment or information, trial, finding of guilty, and dismissal and discharge. This is not applicable to sexual offense records

    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 and do also not include records of the department of children's services or department of human services which are confidential under state or federal law and which are required to be maintained by state or federal law for audit or other purposes. Whenever an order of expunction is given to the department of children's services or department of human services, the department shall notify the defendant if there are records required to be maintained as directed above and the basis for such maintenance. The department shall delete identifying information in these records whenever permitted by state or federal law. These records are to be expunged whenever their maintenance is no longer required by state or federal law.

    "Public records", for the purpose of expunction only, does not include appellate court records or appellate court opinions. TCA § 40-32-101.

    5. How do I get records expunged?

    Persons exonerated by the governor need not petition for expungement, it shall be done automatically as a matter of law. TCA § 40-27-109.

    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.

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