Lebanon, TN asked in Criminal Law and DUI / DWI for Tennessee

Q: Can Implied Consent be expunged from my record in Tennessee? The DUI was dismissed. I have no fees or other charges.

It's been over 5 years since. I have no other court fees to pay and no other charges. The DA in Wilson County, Tn told me the Implied Consent charge couldn't be dismissed. After she done rigorous research on the topic, which took 3 days, she couldn't find the answer of why it couldn't be dismissed. 2012 Public Ch. 1103, TCA 40-32-101, has a list of all charges that are not eligible for expungement but Implied Consent is not on that list. The DA could not explain why Implied Consent is not on the list which led me to believe the charge can be expunged. This one charge has prevented me from purchasing a firearm to protect my home, and also has prevented me from getting several jobs. Your help is very much appreciated.

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1 Lawyer Answer
Cayley Turrin
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Cayley Turrin
Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: It can not be but the DA can put an order in that it can not be considered a misdemeanor and used against you.

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