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.

Related Topics:
1 Lawyer Answer
Cayley Turrin
Cayley Turrin
  • Criminal Law Lawyer
  • Franklin, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.