Tennessee Legislature Expands Crimes Subject to Expungement
On July 1, 2012, an expanded Tennessee expungement statute goes into effect. The amended statute greatly increases the number of nonviolent, felony offenses and misdemeanors that may be expunged.
June 29, 2012
The Tennessee legislature has amended the expungement statute to include a variety of nonviolent, non-sexual crimes. This law, effective July 1, 2012, will give ex-offenders the ability to clear their criminal record.The legislation was introduced by Senator Reginald Tate and Representative Karen Camper. Chapter 1103 allows those convicted of certain nonviolent misdemeanors to apply for expungement (also known as expunction).
The law requires that five years have passed since the completion of the sentence and that the offender has completed any additional requirements of their sentence.
Eligibility?
The new statue, which will be codified at section 40-32-101 of the Tennessee statutes, contains a laundry list of 28 different felony offenses and 45 misdemeanors that may be eligible for expungement.
In addition to those categories, there are other requirements, so determining whether you qualify for expungement is somewhat complex and a criminal defense attorney would be able to assist you in determining eligibility.
A Fresh Start
One of the most demoralizing elements of having been convicted of a crime is the stigma that it carries long after the sentence is complete and the debt paid.
Our society has a long memory, and continues to punish offenders by refusing them jobs and places to live.
An expungement removes all trace from records of a conviction, opening up numerous opportunities that would otherwise be foreclosed to an "ex-con." All court records are ordered destroyed and the expunged offense is treated as if it never occurred.
Expungement eliminates all legal disabilities cause by the conviction. The offender no longer has to answer "yes" to any question stating, "have you ever been convicted of a crime?"
Representative Camper said. "This legislation will provide opportunities to those who have paid their dues and are looking for ways to better themselves and provide for their families."
Article provided by Brent Horst, Attorney at Law & Associates
Visit us at www.brenthorstlaw.com