Hillsboro, TN asked in Criminal Law for Tennessee

Q: When does low class misdemeanor deferred judgement end (how soon after agreed upon fine paid)

Asked to pay fine, if fine paid , was told that charge would be expunged . What else to be done to clear a background check?

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3 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You need to check the final disposition on your Warrant. The Sentence must be completed prior to the Judge Dismissing the Charge. Then you can file the request to Expunge the Records. It is not automatic.

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Shanone Emmack
Shanone Emmack
Answered
  • Franklin, TN
  • Licensed in Tennessee

A: I agree with Mr. Avery. If it was judicial diversion you will have to complete conditions of probation including paying all fines and court costs. If you can't pay them all you can ask the court to waive some of them. Once your probation officer says you have completed probation you can go to clerk's office and have the charge expunged off your record. The expungement may be additional costs. It takes about 3 months after that for your record to be cleaned from the charge.

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Marcos M. Garza
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: In order to answer your question, we would need to know what level of low class misdemeanor you were put on deferred judgement. (i.e. Class A misdemeanor, B misdemeanor or C Misdemeanor). If it were an A misdeanor, you would likely have to pay your court costs and/or any applicable fines and would, in most cases, be eligibile to begin the process of expungment after 11 months 29 days; for a B misdemeanor, that time period would likely be 6 months; and for a C misdemeanor, the time period would likely be 30 days. Expungment of records is not automatic and I would recommend hiring a local lawyer to make sure your expungment is processed correctly and timely. I hope this helps and good luck!

https://garzalaw.com/criminal-defense/expungements/

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