How Long Does It Take for an Expungement to Come Off Your Record

Posted on April 6, 2011 by Rob McKinney

Yes, Tre I do check the comments . Tre posted a question on what is the amount of time that passes before an expungement order is processed . In Nashville , Tn. , an expungement order will take somewhere between 30-60 days to be processed . Tre's question is how long does it take for the Tennessee Bureau of Investigation to remove the charge . I don't know the answer to that question , but I try to find the answer .

Normally , the Tennessee Bureau of Investigation  (TBI)  is not the official record for a conviction. It is simply a clearinghouse to store all convictions.  . I would suspect that the TBI may be reporting a case plead under judicial diversion.

I try to answer all questions . So please post any questions in the comment section .

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How to Get Criminal Charges Expunged in Tennessee

Posted on December 31, 2009 by Rob McKinney

One of the primary questions I get in my practice is, "can I get my criminal charges expunged?" And once you plead guilty to a criminal offense, you cannot get your criminal record expunged at a later date. This is why it's important to avoid a conviction in the first place. 

However, under certain situations, you can have your record expunged IF your case was dismissed, retired, or if the District Attorney General moved for a Nolle Prosequi. There are also certain types of plea bargains that you can enter into that may allow you to have your record expunged at a later time.

These pleas are referred to as diverison plea agreements, and there are two types of diversions. 

  1. A pre-trial diversion: This is where a defendant enters into a memorandum of understanding to do certain things during a period of time. One condition is not to be rearrested.
  2. A Judicial diversion: This is when you enter into a plea, in which you enter into a conditional plea of guilt. If you violate the terms and conditions of your probation, the plea goes onto your criminal record. If you're successful, the conviction will go away after the period of probation.

In Clay Carey's recent The Tennessean article, Tennessee filings to erase arrest records rise with unemployment, I talk a little bit more about expungement as related to the current job market. 

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