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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 37020
Experience:  16 years practicing criminal defense.
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Can a felony record be expunged in Tennessee? Theft of

Customer Question

Can a felony record be expunged in Tennessee? Theft of property charge over $10k. Was sentenced to 3 years probation and restitution. Probation was extended in order to fully pay restitution. Convicted in 2009, probation ended in 2014.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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The only expungement law in TN relates to expunging records if a case is dismissed or acquitted. If there was a conviction in the case, it can't be expunged.

This is the statute:

Tennessee Code - Criminal Procedure - Section 40-32-101. Destruction or release of records.

(a) (1) All public records of a person who has been charged with a misdemeanor or a felony, and which charge has been dismissed, or a no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, and all public records of a person who was arrested and released without being charged, shall, upon petition by that person to the court having jurisdiction in such previous action, be removed and destroyed without cost to such person; however, the cost for destruction of records shall apply where the charge or warrant was dismissed in any court as a result of the successful completion of diversion program according to §§ 40-15-102 - 40-15-105; provided, that such cost for destruction shall not exceed twenty-five dollars ($25.00); provided, that the records of a person who successfully completes a diversion program pursuant to §§ 40-15-102 - 40-15-105 shall not be removed and destroyed pursuant to this section if the offense for which prosecution was suspended was a sexual offense as defined by § 40-39-102(5) [repealed]; provided, however, that when a defendant in a case has been convicted of any offense or charge, including a lesser included offense or charge, the defendant shall not be entitled to expungement of the records or charges in such case pursuant to this part.

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So if you pled guilty or were convicted, then you can't get an expungement in TN.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
In July of 2012 the law was amended.... are you in Tennessee? T.C.A. § 40-32-101(g)
Customer: replied 1 year ago.
I found the answer I need .... could you please refer me to customer service for a refund?