UPDATE: Changes to Tennessee arrest reports show Expungement eligibility

UPDATE: A new line has been added to arrest reports in Tennessee letting the defendant know their charges can be expunged from public records in certain cases. 

Often, when it’s the first time someone has been charged with a crime, they aren’t aware the charges can be removed from their record. Channel 3 spoke with several defense attorneys who say this new note is good for our criminal justice system, and it allows the defendant to be aware of this process on the front end.

Expungement is wiping away all public records of arrest, or in some cases, convictions, from official government records. An order of expungement is sent to the Tennessee Bureau of Investigation and they go through the process of removing charges from public records.

“At the local level in the clerk’s office, usually where your affidavits, your criminal affidavits, are lodged and filed, that means literally shredding them and destroying them so that there’s no record whatsoever of you ever being arrested,” said Defense Attorney, Sam Hudson.

expungement is not automatic after charges are dropped.

A new law went into effect on July 1st, adding this line to affidavits in Tennessee:

Pursuant to Public Chapter 539, section 4, TCA Ann. § 40-6-204 Note to the Defendant: If said charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant

“It doesn’t change the law. It basically just summarizes the process and gives them notice of the process,” Hudson told us.

Defense Attorney Sam Hudson thinks this is good for our criminal justice system.

expungement can take six weeks or more.

“If you have something in writing I think it increases the likely hood that otherwise unknowledgeable individuals would be advised of that fact,” said Hudson.

However, when it's removed, it only goes away from public records and government agencies.

It can still show up other places.

“You still have your just busted magazines that post mug shots, you still have social media, reports of arrests, news agencies,” Hudson said.

Hudson says while it hasn’t been in writing until now, judges in Hamilton County are good about informing defendants after their charges are dropped that they have the right to get them expunged.


ORIGINAL STORY: A new line has been added to arrest reports in Tennessee to let defendants know their charges can be expunged from public records in certain cases. 

expungement is wiping away all public records of arrest, or in some cases, convictions, from official government records.

An order of expungement is sent to the Tennessee Bureau of Investigation and they go through the process of removing charges from public records.

A new law went into effect on July 1st – adding a line to affidavits in Tennessee – to help defendants know they can get the charges removed from their record.

It expanded eligibility for petition-based expungement from misdemeanors and Class E felonies to include Class D and C felonies.

It also made the filing fee discretionary with the court clerk, and required courts to both notify defendants of the availability of expungement and give reasons in writing if they deny this relief. 

expungement is not automatic after charges are dropped and can take six weeks or more.

However, when it's removed, it only goes away from public records and government agencies - it can still show up in other places.