Can I Get My Fingerprints and Photos Destroyed?

An expungement is the legal process of having a criminal offense removed from your record. Charges for most non-violent offenses, misdemeanors, and low-level felony offenses can be expunged, provided certain conditions are met. If an expungement is granted, assuming that you have no other pending charges, your fingerprints and photos will be deleted from your criminal record. If you are interested in learning more about expungement, the Nashville expungement attorneys at Andrew C. Beasley, PLLC, are here to answer your questions or concerns.

What You Need to Know About Expungements in Nashville, TN

Free Expungements

State law stipulates that the following situations qualify for expungement in Tennessee, without cost to the defendant. These include:

• If the individual was arrested but not charged;
• If a grand jury returned a “no true bill,” choosing not to indict an individual on felony charges;
• If the charge has been dismissed or dropped (Nolle prosequi);
• If the conviction was reversed upon appeal, or
• If a “not guilty” verdict was rendered.

Conviction Expungements

As of 2012, most non-violent, non-sexual, and non-DUI convictions in the state of Tennessee are eligible for expungement. This includes most misdemeanors and certain class E, D, and C felonies. Conviction expungements, as well as charges that are subject to pre-trial diversion or judicial diversion, will require the defendant to pay a $100 expungement fee.

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

• The petition must be filed in the county in which the defendant was convicted of more than two eligible convictions, either being two (2) misdemeanors or one (1) misdemeanor and one (1) felony offense;
• The crime was committed on or after November 1, 1989;
• The individual must have completed his or her sentencing and paid all fines, court fees, and restitution; and
• At least five years must have passed since the completion of the defendant’s sentence; 10 years for Class C and D felony offenses.

However, certain non-sexual and non-violent offenses committed before November 1, 1989, may be expunged if the following criteria apply:

• The defendant never had a previous conviction expunged as a result of the successful completion of a diversion program.
• The offense did not result in bodily injury, serious bodily injury, or death;
• The offense did not involve the use or possession of a deadly weapon.
• The offense did not involve a minor as a victim.
• The offense did not involve the use of alcohol or drugs or a motor vehicle.
• The offense did not result in any one victim or victims losing $600,000 or more.

Other criteria apply, allowing these offenses to essentially be grandfathered into the current expungement process. After your expungement is processed, it is important that you keep a certified copy of the expungement order. This will prove that your expungement has been processed by the court.

What Happens to My Fingerprints and Photos Once My Record is Expunged?

Once your record is expunged, the Tennessee Bureau of Investigation (TBI) will remove the electronic fingerprint card and your criminal record from its database. But certain law enforcement agencies, including state and federal government entities, may have access to your fingerprints and mugshots. Unfortunately, the entire process could take several months, with fingerprints showing up on a background check for quite some time. This could be a problem if you are applying for a job. In this situation, you can speak with our Nashville criminal record expungement lawyers to see if your expungement can be expedited.

Contact a Nashville Criminal Record Expungement Lawyer Today

If you are wondering if a past criminal offense can be erased from your record, you should speak with our Nashville criminal record expungement attorneys. Our legal team has successfully guided numerous clients through the process of applying for expungement, and is ready to help many more. At Andrew C. Beasley, PLLC, we believe in pursuing every avenue to help our clients obtain the best possible resolution to their case. To schedule a consultation with a member of our legal team, contact us online or by calling (615) 846-9889.