Franklin, TN asked in Criminal Law for Tennessee

Q: In 2010, I was convicted of 5 felonies and one misdemeanor (all drug and theft related, no violence). I was sentenced to

a four year sentence and served the sentence in its entirety, and was released December, 2012. Since release, I have not gotten into any further trouble, have built a wonderful life for myself, and have demonstrated specific acts of a person of high moral character. I attempted to have my record expunged, but was prohibited from doing so by the DA due to multiple felony convictions. I have a applied for a certificate of employability and now would like to begin the process of restoring my civil rights. I have been unable to find a lawyer who is familiar with these post-conviction processes. To date I have completed everything myself with no help. How do I go about petitioning the court to have my rights restored?

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2 Lawyer Answers

Anthony M. Avery

PREMIUM
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You are a convicted Felon and there is nothing you can do to change that. There are some Felonies which can be expunged after five years, but I doubt your convictions are any of those. Also your Sentence has only been completed for a short while. You can Petition the Court to restore only a few rights. Hire a competent attorney to examine your case.

Don Himmelberg

PREMIUM
Answered
  • Criminal Law Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Considering it has been less than six years since your release, it may be a little early to petition the court for relief from five felony convictions. At the same time, it may be beneficial to have a lawyer review both your cases and your life since your relief. They will be able to (1) advise whether expungement is even a possibility and (2) give advice as to what steps and life-decisions you need to make or continue to make to further your chances of expungement, if that is a possibility.

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