Legal Question in Criminal Law in Tennessee

Exsponged record

I was arrested in 1998 with felony assualt charges filed on me/ it was a domestic violence case. Spouse dropped charges although State of Tennessee pursued them. I was scared and did not know what to do. I plead guilt, with exspongement later. I completed all requirements in 6 months including probation. I completed LPN school in 1999, conviction did not show up. All criminal background checks that I perform doesn't show anything. I just finished RN school and I am I scared to death. Because the state of Tennessee requires fingerprinting now for licensure, and I am concerned my arrest will show up, and don't know how to respond to questions honestly on application. I do not want to report information that I don't have to report, but I don't want to lie either. Please help.


Asked on 2/11/09, 1:13 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Exsponged record

First, as you learned, your wife can not "drop" the charges. Criminal charges in Tennessee (and most states) are brought by the state, not by the alleged victim.

Second, you say you "plead guilt(y), with expungement later." This is not clear. Under Tennessee law, the only charges which can be expunged are those resulting in a dismissal of the charges, cases in which the charges are dropped before trial or in which the defendant is found NOT guilty, or in which there is a plea agreement for diversion. It sounds as if it may have been a Guilty Plea Diversion agreement which you entered into, in which case you would be able to get the expungement.

Third, you can not get the record of the ARREST expunged, just the record of the charges, but most folks are not going to be able to find records of an arrest.

For more information, check the link at http://jesbeard.com/36.htm

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Answered on 2/11/09, 9:46 am


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