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.