Some criminal records can be erased

As of last month (July 2012), individuals who have  been convicted of certain non-violent crimes and
have maintained a clean record will have an opportunity to have that conviction erased from their
criminal history. The legislature passed a law that went into effect July 1 which allows
Tennesseans to have certain crimes expunged, or cleaned off their record.

The types of crimes that are eligible are non-violent, non-DUI and non-sexual crimes. Many misdemeanors and certain Class E felonies including forgery, theft, vandalism and fraudulent insurance claims are
also among those that are eligible.
 
The bill was passed to allow individuals with minor offenses in their past, but otherwise a crime-free history, a chance to start with a clean slate. This opportunity is not available for anyone who has already had diversion or been convicted of other crimes. Once a record is expunged, the courts treat it as if that charge
never occurred.
 
There are several stipulations that must be met before qualifying to have a record expunged.
Individuals must have completed all the terms  of their sentencing, including payment of all
restitution, fines and court costs. At least five years must have elapsed from the completion of
that sentence, and they must have remained free of alcohol or substance abuse for one year. There
is also a fee of $350 to help defray costs of the process.
 
"This is the first time this ‘extraordinary relief’ has been available in Tennessee," says District Attorney General Torry Johnson. "Here in Davidson County, our office has a great working relationship with Criminal Court Clerk Howard Gentry and his office, and we are coordinating with them in carrying out the requirements spelled out in this new law. "We'll be working together to ensure that the individuals who qualify meet all the necessary requirements and comply strictly with the process."

Anyone interested in determining whether they qualify can go to the Davidson County District Attorney General's website (www.da.nashville.gov) for links to the list of crimes that are eligible, and the other requirements of the law. A petition to expunge an eligible conviction can be filled out at the Davidson County
Criminal Court Clerk's office the second floor of the Justice A. A. Birch Courthouse. Directions
and maps to that building are also on the D.A.'s website.