What You Should Know About Getting Your Criminal History Expunged
For many individuals that have actually pled guilty or been found guilty of a misdemeanor
in Tennessee, they quickly learn that their criminal history follows them long after they leave the courthouse. Misdemeanors show up on many back ground checks and lots of employers use a prospective employees criminal history to determine whether or not to hire.
For those that pled guilty or have been found guilty of a felony, even if nonviolent, the situation is typically much worse. In addition to experiencing work trouble, the individual loses their right to own a firearm or handgun. The individual further loses the opportunity to have an open carry weapon permit.
Just recently, Governor Bill Haslam enacted House Bill 2685 and it will become effective July 1, 2012. House Bill 2685 will amend prior expungement law 40-32-101 (g) and allow particular people to apply for criminal history expungement that were not entitled prior to its enactment.
Besides permitting lot of people with misdemeanor convictions the option to have their criminal records expunged for employment reasons, this new law will permit many residents of Tennessee convicted of a nonviolent felony the opportunity to once again possess a firearm and carry a handgun with a permit. If an individual was convicted of specific nonviolent class E felonies, there will soon be the opportunity to once again hunt, target shoot, collect firearms, and utilize guns for self-defense purposes.
There are limitations to the new expungement law. Not all people with previous convictions will be eligible.
(a) If an individual has actually been convicted of ANY criminal offense in an additional state before they petition for expungement, they are NOT eligible.
(b) If a person has MORE THAN ONE criminal conviction in the State of Tennessee prior to a petition for expungement, they are NOT eligible.
(c) If a person has been convicted of ANY crime in federal court before they petition for expungement, they are NOT eligible.
(d) DUI convictions are NOT eligible for expungements.
(e) If the individual used, tried to make use of, or threatened the use of physical force against a person or property of another during the course of their criminal offense, they are NOT eligible.
(f) If the person committed a felony offense that, by its nature, includes a significant risk that physical force against the person or property of another could be used in the course of carrying out the offense, they are NOT eligible.
(g) If the individual executed a crime that involved the use of a gun, they are NOT eligible.
(h) If the individual committed a sex offense for which the offender must register as a sex culprit or violent sex offender, they are NOT eligible.
(i) If the individual committed a crime that resulted in a victim or a number of victims to suffer a loss of twenty-five thousand dollars ($25,000) or more, they are NOT eligible.
(j) If the person was sentenced to greater than three years in prison, they are NOT eligible.
Furthermore, the individual convicted of a non-violent expungement qualified offense must (a) have paid all fines, restitution, or other assessments, (b) finished any type of term of imprisonment, (c) fulfilled all conditions of supervised or unsupervised release, and (d) if required by conditions of the sentence, stayed free from dependency on or abuse of alcohol or controlled substances for a duration of not less than one (1) year, and (d) five years needs to have elapsed since all requirements of the conviction were satisfied.
If all conditions of eligibility are met, the individual seeking expungement needs to file a petition for expungement in the county court in which they were convicted of the nonviolent offense. The form for the petition should be simple enough that most individuals will have the ability to fill it out without assistance. The filing fee of the petition is three hundred fifty dollars ($ 350.00). The clerk will then serve the petition to the district attorney general for that area. The district attorney has 60 days to respond to the petition and state whether or not they are in agreement with the request for expungement. Although the person seeking expungement and the district attorney are allowed to file evidence supporting and negating the expungement request, the final decision rests with the judge.
If the judge denies the expungement request, do not be discouraged. After 2 years have passed from the judge's decision, a person can again petition the court and request their record to be expunged. This can be done every two years from the date of the judge's decision to deny expungement. If the person has been regularly denied during the previous four (4) requests, the judge must grant their petition after 10 (10) years of eligibility has actually lapsed or in other words, on their fifth (5th) petition.
by: Darren Drake
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