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Murfreesboro Criminal Defense Lawyer Petitions for Expungement of Criminal Records

Offering dedicated advocacy

Expungement allows a person who has been charged with a crime in Tennessee but not convicted of it to have records associated with this charge sealed from the public view. Having criminal records associated with your name means that someone can find them when you are applying for a job, housing, educational program, or public benefits. An expungement can remove this information so that it is not used against you. Attorney David L. Scott provides attentive service, takes the time to answer your questions and works diligently to get the results you want.

When does expungement apply?

In Tennessee, there are very strict guidelines of when a criminal record can be expunged. Records can be expunged in any of the following situations:

·         • The charge was dismissed

·         • A grand jury refused to indict you

·         • A judge or jury found you not guilty

·         • Your arrest did not result in a criminal charge

·         A nolle prosequi was returned in your case, meaning that the prosecuting official chose not to pursue criminal charges against you

Generally speaking, if you were convicted of an offense in Tennessee, you are not eligible for expungement. However, a narrow exception to this rule is that a conviction that arises because you were protesting or challenging a racially discriminatory law.

What crimes are not eligible for expungement?

Even if all the conditions listed above apply to your case, an arrest record swill not be expunged if you went through a pretrial diversion program for a sexual offense, such as:

·         • Sexual battery

·         • Statutory rape

·         • Prostitution

·         • Indecent exposure

·         • Rape

·         • Exploitation of a minor

·         • Kidnapping

Additionally, expungement applies to criminal offenses, so traffic violations are not eligible. If you were convicted of an offense, the conviction will remain even if it is for a lesser included offense than the original charge.

How are criminal records expunged?

Criminal records are not automatically expunged. Instead, the criminal defendant must petition the court to have the record expunged. You must pay the appropriate fee and include it with your expungement petition. This petition is filed with the court that had jurisdiction over the defendant when he or she was charged with the offense. The district attorney is served with a copy of the expungement petition and he or she can challenge it.

If an expungement is ordered, this applies to public records. However, law enforcement and prosecuting authorities often maintain access to this information. Additionally, if your records are expunged, they still can be used if you are arrested again to show a prior or for sentencing.

Record expungement may be a possibility for you, contact our Murfreesboro criminal attorney today for guidance

If you would like more information about the process of expungement and if your criminal record is eligible for expungement, contact the Murfreesboro criminal defense attorney at the Law Office of David L. Scott for guidance. Our law office is conveniently located in Murfreesboro, Tennessee. Call us at 615-896-7656 or contact us online to schedule a free, confidential consultation.
 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

Map and Directions


 

Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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