Are you eligible for expunction?

On Behalf of | Jan 27, 2019 | Post-Conviction Relief |

The key to successfully moving on after having been convicted of a crime in Memphis is taking full advantage of all of the opportunities that are offered to you. Unfortunately, those opportunities may be limited by the mere fact that you have a criminal conviction on your record. Thus, if it is a possibility, expunction is definitely something that you will want to explore. 

Per the state of Tennessee’s website, you can seek an expungement once five years passed since the completion of your imposed sentence (if you were convicted of drug fraud, you must then wait 10 years). During that time, you cannot have been charged with any other state or federal crime, and you must have completed all of the requirements associated with your conviction, such as: 

  • Paid any and all fines
  • Served an imposed period of incarceration 
  • Met all of the conditions of your release

In addition, if required by the terms of your conviction, you must also demonstrate that you have avoided alcohol or substance abuse. 

Nearly all misdemeanor charges can be expunged from your record. There are, however, 45 distinct misdemeanor offenses that are not eligible for expunction. These are crimes related to assault, certain sexual offenses, and crimes involving minors. In addition, you can also have a felony conviction removed from your record, provided it is a Class D or E felony related to drug use, vandalism or financial crime (and your sentence was less than four or three years, respectively). Over the course of your life, you can have either two misdemeanor offenses expunged from your record, or a combination of one misdemeanor and one felony offense. 


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