Criminal Records, Expungement diversion and expungement in tennessee

[bertslater]

The charges brought against me were while I was living in Tennessee. I currently live in Vermont and need my TN lawyer to get to the point where the records of my offense are destroyed. Because I am not there, its been hard for me to get clear answers to my questions and concerns.

I am about to complete a post plea diversion program in Maury Co. Tn. after which, I am led to understand that the charges will be dismissed through sucessful completion. I was on probation for two years (ends 4/11/2007).

I have no previous record. I was arrested once and charged with possession of drug paraphernalia which was dismissed at my initial hearing. It was a pill dosage box containing my prescription meds. I was also charged with 4 counts of theft and one of shoplifting (5 misdemeaor charges total, all granted diversion)..I had left wal-mart after receiving my medication without paying (long story). The five occurences happened over a period of a few months.

After I complete my diversion program, what steps do I need to take to have my record expunged? I am confused. My lawyer is being wishy washy about this. He seems to be telling me that once the charges are dismissed, they are automatically expunged. From what I read, I need to petition the court for expungement after my diversion program which would be a separate matter that would involve applying to the court for the expungement and paying filing fees (the amount which I cannot find out). I have spoken to the court clerk and that has even added to the confusion for me. It is very important for me to have this all cleaned up as best as possible. Anyone have any guidance?...Thanks

 

[Michael Wechsler]

What are you trying to get "expunged?" If the charges are dismissed against you, then there is no conviction that needs to be expunged. This is because the case is dropped. Expungement is usually the issue when someone paid for their crime and wants to start living life without continuing to pay the price for having a record going forward. Are you talking about arrest records?

 

[bertslater]

Expungement reply

I had to post bail, I spent a night in jail. My diversion was a post guilty plea diversion. Perhaps I am wrong in that they will be dismissed. I also want my arrest record expunged. In short, I want to get to the point where all public records regarding the matter are destroyed. I understand that a record will always be maintained at the DA's office, but I want to get to the point where it is as "gone" as much as possible.