What is an expungement?

An expungement is an erasing or removing of charges and convictions from your criminal record.

This includes if you were arrested and released without being charged, dismissed charges, “no true bill” from a grand jury, nolle prosequi charges, diversion charges, and certain eligible guilty convictions.

Am I eligible for an expungement?

All dismissals, and most diversions are eligible for expungement. Some felony and misdemeanor convictions are eligible five to ten years after your sentence ends. Your sentence ends when you have completed all jail/prison time, probation and any other requirements. All fines and fees must be paid before a record can be expunged. You can only get two misdemeanors or one felony and one misdemeanor expunged. Remember, you need to know the county and court where the case(s) started. Here is a list of some convictions that might be expungable.

Remember:

You will need to know the county and court where the case(s) started and the court’s docket number(s).

Types of misdemeanors that cannot be expunged:

• Domestic violence
• Violation of protective or restraining order
• Possession of firearm while order of protection is in effect
• Fraudulent use of a credit or debit card (up to $500)
• Child abuse
• Child neglect and endangerment
• Stalking
• Public indecency
• Indecent exposure
• Driving under the influence of an intoxicant

Types of felonies that may be expunged:

Some examples of charges that can be expunged from your record are:

• Theft
• Forgery
• Fraudulent use of a credit or debit card
• Worthless checks
• Fraudulent or false insurance claim
• Sale of recorded live performances without consent
• Car burglary
• Vandalism
• Failure to appear
• Manufacture, delivery, sale, or possession of a Schedule III, IV, V drugs and certain VI and VII drugs
• Simple possession or casual exchange
• Manufacture, delivery, sale, or possession of Schedule II drug, including cocaine or methamphetamine of less than 1/2 grams
• Drug fraud
• Promoting manufacture of methamphetamine

What is reentry?

Reentry happens when someone gets out of jail or prison and “re-enters” society. Reentry can include challenges. A criminal record can be a barrier to employment, housing, public benefits, and other necessities. West Tennessee Legal Services helps people overcome these barriers and connect with other resources. This can make the reentry process easier.

Restoration of Rights

WTLS can help eligible individuals:

• Restore their right to vote after being convicted of a felony offense;
• Restore all revoked rights after being convicted of a felony offense, like holding public office and sitting on a jury.
• Review driver’s license reinstatement requirements and assist with removal of holds due to unpaid traffic tickets, unpaid criminal court costs, and car accidents.

To be eligible to restore your rights, you must complete your full sentence (including probation), have paid all fees, and be current on child support obligations.