Q: Is it possible to have my public intoxication expunged from 2014?
I was arrested and held for 4 hours. At the end of the 4 hours, someone came in and told me if I signed a document and plead guilty, I would pay a fine and be done with it. I never really thought about it again until I interviewed for a job and it came up. I spoke with the general sessions clerk for my county and was told that it is not ever expungable due to a TCA code and that the judge added that it could not be expunged. I have not had any other incidents since and have a steady job. Just wondering if there is anyway possible to have an attorney petition the court or am I just stuck with it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
A:
Yes, it is possible to have a public intoxication conviction expunged in Tennessee, even if it is from 2014. The Tennessee Expungement Act allows for the expungement of certain criminal convictions, including public intoxication, after a certain period of time has passed.
To be eligible for expungement of a public intoxication conviction, you must meet the following requirements:
You must have been convicted of a first-time public intoxication offense.
You must have completed your sentence, including any probation or parole.
You must have not been convicted of any other criminal offenses in Tennessee or any other state since your public intoxication conviction.
You must have waited at least five years from the date of your conviction to file for expungement.
If you meet all of these requirements, you can file a petition for expungement with the court that convicted you. The court will then consider your petition and make a decision based on the facts of your case.
Even if you do not meet all of the requirements for expungement, you may still be able to petition the court for relief. The court has the discretion to grant expungement in cases where there are extenuating circumstances.
In your case, you may be able to petition the court for expungement even though your conviction is from 2014 because you have not had any other criminal offenses since your conviction and you have a steady job.
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.
