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CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was arrested Saturday night in Nashville Intoxication and

Customer Question

I was arrested Saturday night in Nashville for Public Intoxication and detained and basically slept the night in the drunk tank with a bunch of other people, it wasnt a jail cell, just a huge room in the sheriff's office. At around noon the next day I was released, I was given my plastic bag of goods that included my phone charger, belt, etc. I asked if I was charged with anything or if there was a fine of any sort and it seemed like I wasnt, I also filled out no paperwork while leaving, only to sign that i got my stuff back. When i was actually arrested and taken to the sheriff's office, i don't remember a thing, so im not sure what was done/taken down when i arrived there unfortunately.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Tennessee is one of the states that offers "protective custody" for individuals that are intoxicated in public, but not causing any disturbance or harm to others.

What this means is that the individual is detained and placed in protective custody for health reasons, but there is no crime attached to this and no arrest record generated.

Based on your description, it is likely that this is what happened to you.

As you cannot recall the specifics of your Saturday evening, you may want to go to the Police Department and ask if they generated a record of any sort (you can contact their records division for this during business hours).

For more information on Tennessee's protective custody system, see:

Customer: replied 1 year ago.
Bill,Thanks a lot. Is there anyway you could check if there's anything under me background wise from Nashville? I'm an Army Officer and wondering if this is going to show up to my unit. Even if I wasn't charged with anything, would my unit find out that I was arrested and "detained" assuming thats all that it was?
Expert:  CalAttorney2 replied 1 year ago.

The purpose of the protective custody is to ensure that there isn't a detention (and most important for your purposes, no arrest record).

You can call the Nashville PD and ask over the phone (they should help you out without having to actually visit the department in person).

Customer: replied 1 year ago.
Bill,I talked to the courthouse clerk and i was charged/cited with public intoxication but it was dismissed that night, but the records still exist and show i was initially arrested and then dismissed. Would the military find out about this? If I expunge it would it take away the forever so it never shows up anywhere? What are your recommendations. Thanks
Expert:  CalAttorney2 replied 1 year ago.

If the PD didn't contact your chain of command, then the Army isn't going to be actively searching it out.

The arrest will still appear, and this may come up when your background checks go through (10 years or 5 years depending on your clearance levels).

Depending on your chain of command, the way they deal with this can be across the board.

(Anecdotally - the advice I have heard is to "keep your mouth shut and sin no more." If the issue comes up and you are unsure of your chain of command - lawyer up, it can be serious)