If you have a drug conviction on your permanent record you probably already know how that conviction can negatively impact your life. A criminal record can disqualify you for employment, housing, even student loans for college. Fortunately, if your conviction was from Tennessee you may be eligible to have your conviction expunged. In the State of Tennessee, certain misdemeanor and Class E felony convictions are eligible to be expunged from your permanent record. To be certain that you qualify and that the petition to expunge your record is properly drafted and filed it is always best to consult with an experienced Tennessee criminal defense attorney. The following, however, is a brief overview of Tennessee’s expunction statute.
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T.C.A. 40-32-101(g) is where the right to have certain criminal convictions expunged can be found. To be eligible for expunction the conviction must be after November 1, 1989 and all of the following must be true:
- You have no other convictions anywhere.
- You completed all terms of imprisonment, probation, or parole.
- At least five years have passed since the completion of your sentence.
- You successfully completed all conditions of probation or parole.
- You paid all fines, costs, and restitution ordered by the court.
- If required as part of your sentence, you remained free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for at least one year.
Most misdemeanor crimes are eligible to be expunged. Offenses that are ineligible are typically offenses that fall into one of three categories:
- Violent offenses
- DUI related offenses
- Sex crimes
In addition, some Class E felonies are also eligible to be expunged. The sentence must have been for three years or less and the offense must be included in the list found in the statute. Drug offenses included in the Class E felony list include, but may not be limited to, the following:
- 39-17-417(f) Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000);
- 39-17-417(g)(1) Manufacture, delivery, sale or possession of not less than ½ ounce and not more than 10 pounds of Schedule VI; drug marijuana (fine not greater than $1,000);
- 39-17-417(h) Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000);
- 39-17-418(e) Simple possession or casual exchange (3rd offense);
- 39-17-422(c) Selling glue for unlawful purpose;
- 39-17-423(c) Counterfeit controlled substance;
- 39-17-425(b)(1), (2), (3) Unlawful drug paraphernalia uses and activities;
If you believe you may qualify to have your conviction expunged, contact the experienced Tennessee criminal defense attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your free initial consultation.