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What is The Expungement Process?

Expungement or expunction is a court-approved process in which the record or certain criminal cases can be destroyed or erased. This means that your acquittal, conviction, or dismissal will cease to exist. If approved, the state will remove your criminal record from all relevant sources. However, not all criminal records are eligible for expunction, so you should discuss your case with a Nashville expungement attorney for legal advice.

What Are The Steps in The Tennessee Expungement Process?

If you’re eligible for expungement, you must file your expungement petition with the proper court. You will need to submit all the information related to your case. The court clerk can give you a copy of the record if you don’t have one. If your criminal charges are marked as nollied or dismissed, you must:

  • File your petition that initiated your case. If you have multiple charges, you may need to fill out different forms for each charge.
  • Specify the charges eligible for expunction and file your paperwork with the court clerk.
  • Because the state will destroy your expunged record, you must keep a copy of the order granting the expungement as proof that your record was officially expunged. To request a copy of the order, bring a stamped envelope with your home address for each charge you’re eligible to expunge so the court clerk can send you the copy once the court grants the expungement of your record.
  • Ask the clerk for certified copies of the charging paperwork and the expungement order. They will send your paperwork to the judge, and if the judge approves your request, they will send your paperwork to the relevant agencies for expunction.

In addition, you must take certain steps to have your record expunged if your charges were retired or dismissed with costs:

  • If your charge was retired, meaning that the court put your case on hold for a significant time, you must petition to have the retired case dismissed before you can start the process of expungement.
  • If your charge was dismissed with costs, which means you have unpaid court costs, you must pay them or have them waived before starting the expungement process.

Records that are utilized for educational purposes in buildings, libraries, and museums cannot be expunged. Additionally, families who want to have their deceased family member’s record expunged can do so through a legal representative.

Criminal convictions and charges can negatively and immensely impact your future if you do not have them completely expunged. However, the state does not grant expungement requests readily. To determine whether you qualify for expungement in Tennessee and increase your chances of having your record expunged, reach out to the Nashville expungement attorney at Andrew C. Beasley, PLLC.

You can schedule your free case evaluation with our Nashville expungement attorney by filling out our online form or calling our office at 615-620-5803.

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