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  1. #1
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    Apr 2005
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    Default Expungement Help in Tennessee

    So I have officially completed my 5 yrs. supended sentence(probation) since June 1999 with no arrrests. I was convicted of Theft over 10K when I was 18-19 yrs. old. How do I proceed to file for expungement if possible?? I did get into trouble before turning into an adult w/ juvenile. They took my Juvenile into consideration, that's why I was not able to get pre-trial diversion.

    Can I use this??
    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.


    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. The fee in the case of an expunged offense committed before the person was 21 shall not be more than $25.00.

  2. #2
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    Default Expungement Law in Tennessee

    It appears that the provision upon which you wish to rely has been amended out of the statute:
    Quote Quoting Tennessee Code - Criminal Procedure - Section 40-32-101. Destruction or release of records.
    (a) (1) [Amended effective January 1, 2006. See the Compiler's Notes] 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 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.

    (5) All public records concerning an order of protection authorized by title 36, chapter 3, part 6, which was successfully defended and denied by the court following a hearing conducted pursuant to § 36-3-605, shall, upon petition by that person to the court denying such order, be removed and destroyed without cost to such person.

    (b) (1) "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 shall 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 issues under this section directed 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 therefor. 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.

    (2) "Public records", for the purpose of expunction only, does not include appellate court records or appellate court opinions.

    (c) (1) Release of such confidential records or information contained therein other than to law enforcement agencies for law enforcement purposes shall be a Class A misdemeanor.

    (2) This section shall not be construed to deny access to any record to the comptroller of the treasury or the comptroller of the treasury's agent for purposes of audit investigation; the comptroller of the treasury or the comptroller of the treasury's agent having such access shall protect the confidential nature of any such records which are not otherwise public under other statutes.

    (3) Release of arrest histories of a defendant or potential witness in a criminal proceeding to an attorney of record in the proceeding shall be made to such attorney upon request.

    (d) (1) Any court ordering the expungement of a person's public records of a criminal offense, including orders issued as a result of the successful completion of a diversion program pursuant to §§ 40-15-105 and 40-15-106 or judicial diversion program, shall send or cause to be sent a copy of such expungement order to the Tennessee bureau of investigation for entry into its expunged offender and pretrial diversion database. The order shall contain the name of the person seeking expungement, the person's date of birth and social security number, the offense that was dismissed, the date and cause of such dismissal and the date the order of expungement is entered.

    (2) After April 25, 2000, a defendant petitioning a court for expungement of records because the charge against such person was dismissed as a result of the successful completion of a diversion program pursuant to §§ 40-15-102 - 40-15-106 shall be assessed a fifty dollar ($50.00) fee. Such 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. Such fee shall be transmitted by the clerk of such court to the state treasurer for deposit in a special fund to be used by the Tennessee bureau of investigation for the exclusive purpose of establishing and maintaining the expunged criminal offender and pretrial diversion database. The moneys received in such fund shall be invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603. Amounts in the fund shall not revert to the general fund of the state but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years.

    (e) It is the intent of the general assembly that no fee ever be charged a person who is petitioning a court for expungement of records because:

    (1) The charge against such person was dismissed for a reason other than the successful completion of a diversion program pursuant to §§ 40-15-102 - 40-15-106 or § 40-35-313;

    (2) A no true bill was returned by a grand jury;

    (3) A verdict of not guilty was returned by a jury; or

    (4) The person was arrested and released without being charged.

  3. #3
    Join Date
    Apr 2005
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    TN
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    Default Re: Expungement Law in Tennessee

    [quote="Mr. Knowitall"]It appears that the provision upon which you wish to rely has been amended out of the statute:

    Sorry to sound so dumb, but what does this mean???

  4. #4
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    Default Amended Statute

    You are reciting something you found on the internent which describes the quoted statute. It appears that the statute has been amended since that internet document was written, and the changes have removed the remedy you recite from the statute.

    That is, the statute has apparently been changed, and not to your advantage. Read it yourself, and see what you think.

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