Can I Get Drug Crimes Expunged from My Record?

If you have committed a criminal offense, you may be worried about what effect it may have on your future. An arrest or charge will appear on a background check, which is conducted if you are looking to rent an apartment or applying for a job. A chance to erase a past transgression can open up opportunities which you may have not otherwise had.

If you have a criminal record, keep reading to learn about Tennessee expungement laws from our Nashville, TN, drug crimes attorney.

Expungements in Tennessee: The Basics

According to Tennessee Code §40-32-101, a person who has been charged with a misdemeanor or felony will have the record expunged in the following situations:

• If the individual was arrested but not charged
• If a grand jury elected not to indict an individual on criminal charges or
• The charge has been dismissed.

While a defendant in these circumstances is eligible for expungement, the same does not apply to convictions. However, as of July 1, 2012, the Tennessee legislature passed a bill that allows individuals convicted of non-violent, non-sexual, and non-DUI cases to be eligible for expungement.

For crimes that do qualify for expungement, additional criteria will apply:

• The individual must have no other convictions
• If the crime was committed on or after November 1, 1989, the sentence must be for no more than three years
• The individual must have completed his or her sentencing and paid all fines, court fees, and restitution
• The sentence must be completed at least five years ago.

If you do qualify, then you will be required to pay a $100 fee to the court.

Drug Crimes Eligible for Expungement

Misdemeanors and class E felonies are eligible for expungement, as well as many drug offenses, including:

• Manufacturing, delivery, sale, or possession of Schedule V drugs (including codeine, cough syrup, Lyrica, and Gabapentin), which include a fine not exceeding $5,000;
• Manufacturing, delivery, sale, or possession between 0.5 ounces and 10 pounds of marijuana (fine not exceeding $2,500);
• Manufacturing, delivery, sale, or possession of Schedule VII drugs (fine not greater than $1,000); and
• Simple possession or casual exchange (third offense).

How Can a Drug Crime Attorney Help Me?

If you have already served time for a drug crime, you may be able to wipe the slate clean. At Andrew C. Beasley, PLLC, we understand the tribulations of having a criminal record. Our Nashville, TN, drug crime attorney is willing to advocate on your behalf to make sure that you can fully put the past behind you.

Speak with our Nashville, TN, Drug Crime Defense Attorney Today

A drug-related offense can wreak havoc on your life. Even if you serve a minimum sentence, anyone who discovers your indiscretion may be unwilling to give you a second chance. If you have been convicted of a drug crime, Andrew C. Beasley, PLLC, can help you. To learn more, contact the office today by phone or by filling out our online contact form. We offer free case reviews.