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Griffin Law Firm
Griffin Law Firm, Attorney
Category: Legal
Satisfied Customers: 51
Experience:  I am an attorney licensed in both CA and WA
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how can misdemenors be cleared from record if guilty plea was

Customer Question

how can misdemenors be cleared from record if guilty plea was entered in tennessee?
Submitted: 7 years ago.
Category: Legal
Expert:  Griffin Law Firm replied 7 years ago.
How old were you when you entered the plea and what was the charge?
Customer: replied 7 years ago.

I was 23 yrs old and it was theft of property under $500 a first offense

Expert:  Griffin Law Firm replied 7 years ago.
Unfortunately there is an easy process if you were under 21. You are eligible for expungement in TN under the following categories:

1) A person who is exonerated by the governor under TCA § 40-27-109. Executive pardons are not eligible for expungement. See, State v. Blanchard, 100 S.W.3d 226 (Tenn.Crim.App. 2002).
2) A person who was dismissed and the proceedings against the person discharged under TCA § 40-35-313, except if such discharge and dismissal was for a sexual offense.
3) A person dismissed, or had no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, or was arrested and released without being charged. TCA § 40-32-101.
4) A person whose bond has expired and no surety has been required to fulfill conditions of the bond. TCA § 40-32-101.
5) A defendant in the court which entered a nolle prosequi in the defendant's case. TCA § 40-32-101.
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.
7) A person who has complied with terms of a diversion agreement made pursuant to TCA §40-15-105.

Depending on the terms of your conviction, you may still be able to petition the court for expungement. You should ask a local criminal attorney with expungement experience for a free consultation. He will be able to tell you very quickly by looking at the court record and disposition of your case whether you will qualify.
Customer: replied 7 years ago.

I was not under 21 at the time but it was a first offense and i was ill advised by the attorney i had . I should have been able to get a diversion, Is there a way to reverse the charge now?

Expert:  Griffin Law Firm replied 7 years ago.
It would appear you may have a problem. I know your case would be a candidate for expungement in WA and CA where I practice so long as enough time had passed. At this point, I really think you need a consultation with a local attorney with a history of not only practicing in criminal law, but handling expungements.