Gallatin, TN asked in Criminal Law for Tennessee

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.

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

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.

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