The Advantage Of KnowingHow The Other Side Thinks

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The Advantage Of KnowingHow The Other Side Thinks

Photo of Nichole Dusché

Understanding Expungement

by | Apr 11, 2024 | Firm News |

In today’s legal landscape, the concept of expungement serves as a beacon of hope for many individuals who have faced brushes with the law. It offers the promise of a clean slate, a chance to move forward without the burden of past mistakes looming over them. However, what many people don’t realize is that expungement is not always a straightforward process.

One common misconception is that once a person becomes eligible for expungement, the court clerk will automatically erase their record. This couldn’t be further from the truth. In reality, individuals must take proactive steps to initiate the expungement process. This involves filing the necessary paperwork and fulfilling any requirements set forth by the court, which may include the payment of an expungment fee to the court clerk.

Take, for example, a situation where an individual pleads conditionally pursuant to diversion under T.C.A. 40-35-313. If they successfully complete the diversion period, they may be eligible to have the charge expunged. However, eligibility alone does not guarantee automatic expungement. It is incumbent upon the individual or their legal representative to navigate the legal procedures and file for expungement accordingly.

Furthermore, even if someone is eligible for expungement due to a dismissed or retired charge, they may not always want to pursue it immediately. Consider the scenario where a person has pending immigration or citizenship matters. In such cases, expunging a charge prematurely could have unforeseen consequences on their immigration status. Therefore, it becomes essential to consult with an immigration attorney before proceeding with expungement.

As a seasoned criminal defense lawyer in Franklin, TN, I understand the importance of approaching expungement with caution and expertise. My team and I are dedicated to guiding our clients through every step of the process, ensuring that their rights are protected and their best interests are served.

If you find yourself eligible for expungement or have questions about the process, don’t hesitate to reach out. Let us help you take control of your future and pave the way for a fresh start.  Call today: 615-861-1298.