Legal Question in Criminal Law in Tennessee

how do I get a misdemeanor drug charge expunged in Cannon County, Tennessee?

Asked on 2/17/10, 3:23 pm

1 Answer from Attorneys

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Expungement is free and simple if:

1 - You were found not guilty, or;

2 - The charge was dismissed, or;

3 - The charge was returned "no true bill" by a grand jury, or;

4 - The District Attorney entered a "nolle prosequi," refusing to prosecute your case.

Expungement is simple, but not free, if:

1 - You completed pretrial diversion (T.C.A. 40-15-105) or post-trial/judicial diversion (T.C.A. 40-35-313).

There is a simple form to be filled out, the Clerk of the Court has a stack of them, and you will have to pay a fee (I think it is $150.00) if the charge was dismissed under a diversion.

A plain and simple "I was convicted years ago" conviction cannot be expunged, no matter how old it is. The only remedy to try and clean up an old -- but final -- conviction is executive clemency, that is, go to the Governor and ask for pardon.

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2/23/10, 12:30 pm

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