CanI get an expungement for simple assault?

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CanI get an expungement for simple assault?

I was charged with simple assault 8 years ago. I was found guilty and was fined and told after 6 months, without futher incidences and completion of paying the fines, it would stay off my record. I applied at a hospital and the day before I was to start they got the background check back and saw the conviction. They said that they couldn’t employ me because of it, but if it was expunged it would be OK. I called an attorney’s office and they said that since I was found guilty that I was not able to have it expunged. I find this hard to believe.

Asked on October 13, 2010 under Criminal Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, it may be true.  Here is the law on those who are entitled to expungement:

1) A person who is exonerated by the governor under TCA § 40-27-109. Executive pardons are not eligible for expungement. See, State v. Blanchard, 100 S.W.3d 226 (Tenn.Crim.App. 2002).
2) A person who was dismissed and the proceedings against the person discharged under TCA § 40-35-313, except if such discharge and dismissal was for a sexual offense.
3) i) The charge has been dismissed;
  (ii) A no true bill was returned by a grand jury;
  (iii) A verdict of not guilty was returned, whether by the judge following a bench trial or by a jury; or
  (iv) The person was arrested and released without being charged. 
  (v) Successful completion of a pretrial diversion program.
  (vi) All public records of a person required to post bond under § 38-3-109 shall be removed and
destroyed upon the expiration of any bond required, if no surety on the bond is required to
fulfill the obligations of the bond.
  (vii) Upon petition by a defendant in the court that entered a nolle prosequi in the defendant’s case, the court shall order all public records expunged. TCA § 40-32-101.
6) A first-time offender of other than a sexual offense when the offense that was committed prior to such person’s twenty-first birthday and has since had no other convictions. TCA § 40-32-101.
7) A person who has complied with terms of a diversion agreement made pursuant to TCA §40-15-105.

If you fit in to these parameters then you can apply.  If not, then you may indeed be out of luck.


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