A lawyer will always learn something when they read the law. A great friend asked me a question about expunging an old criminal charge. It forced me into brushing up on the Tennessee state code. Years ago, Tennessee had a DWI law on the books. It was a lessor charge of Tennessee’s DUI law. it was titled Adult Driving While Impaired. It was under code section T.C.A. 55-10-418. It was repealed in 2003 The punishment was a $500.00 fine.
The question was whether the DWI conviction be expunged. Remember DWI not DUI. A DUI charge under Tennessee law can never be expunged. Ordinarily, one cannot expunge a conviction. Several years ago the Legislature passed T.C.A. 40-32-101(g). In the law, it specifically excludes certain convictions from being expunged. The old DWI law was one of those not excluded. Probably because the law was repealed at the time. If you want to clear a old DWI charge, here is a link to the procedure.. If you think you qualify, contact us.