Keeping Your Criminal Record Clean
For many criminal defendants, one of the worst parts about facing a felony or misdemeanor charge is the prospect that such a charge may stay on that person’s criminal record for the rest of their lifetimes, making it extremely difficult to find certain types of employment, carry a firearm, or enjoy many of the rights and privileges of being a United States citizen that many of us take for granted. In certain situations, there is simply nothing a defendant can do to keep the charge from going on his or her record. Other situations, however, will enable a defendant to have the charged “expunged” or erased from his or her record. One such situation exists where the defendant meets the eligibility requirements for expungement set forth in T.C.A. §40-32-101.
Under the expungement statute, titled “destruction or release of records,” a defendant can have a misdemeanor or felony charged erased from her criminal record if the charge was dismissed, the person was arrested and released without being charged, or no true bill was returned by the grand jury (the person was not indicted). While this basically seems like it enables a person to keep a charge off of their record if they were never really charged, which seems like a no-brainer, it actually serves to highlight one of the benefits of a defendant being placed in a pre-trial or judicial diversion program. A diversion allows a defendant to complete one or several alternative sentencing requirements in order to avoid having to plead guilty to a charge. If the person completes all of the agreed upon requirements, he or she can have the charge dismissed and should be able to get his or her record expunged. If the person fails to complete the agreed upon requirements, he or she is usually subject to serving the remainder of the diversion period in confinement.
Just as with an expungement, only certain defendants are eligible for a diversion. A skilled criminal defense attorney can advise you as to your chances for getting an expungement or a diversion and help you work with the prosecution to reach favorable terms if a diversion is appropriate. Contact an experienced Tennessee criminal defense attorney today to explore your options.
Bookmark: 
