Morganton, NC asked in Federal Crimes for Tennessee

Q: Can my title 40 be used on a felony charge that I was never convicted of?

I was charged with aggravated assault but the case got dismissed in court. I believe the DA used my title 40 to erase the charge from my record even though I wasn’t convicted.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: What is your question? You do not have a "title 40". That comprises hundreds of Statutes. Hopefully your charge was actually dismissed, which allowed you to expunge the records. It is not automatic, and it can be extremely difficult with lesser included offenses, etc. Hire a competent TN attorney to check the Court File, then put through the necessary Order of Expungement.

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