Tuesday, July 16, 2024

DUI News Blog

The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Expunge Your Tennessee Criminal Record

Tennessee DUI LawyerThe expungement of a criminal record is now possible for many Tennesseans.  On May 21, 2012, Tennessee Governor Bill Haslam signed into law legislation that broadens eligibility for the criminal expungement statute.  The new law allows for the expungement (also known as cleaning, clearing, erasing and removal) of a criminal charge from a person’s public criminal record.  Many Tennesseans once barred from employment opportunities and stripped of important constitutional rights as the result of a one-time indiscretion, will now be able to clear their names.

Effective July 1, 2012, Tennesseans convicted of certain Class E Felonies and most Misdemeanor offenses may file a petition with the court system to erase a conviction from their criminal record. As written, a successful petition will result in the destruction of any official, public record of a prior criminal conviction. Expunging a Tennessee criminal conviction under this new law restores a person to same status he or she occupied before a conviction.

There are, however, some important exclusions from clearing or cleaning your criminal record.  Generally, those convicted of Felony or Misdemeanor offenses that involve physical violence, possession of a deadly weapon, a sex offense, a minor child, or certain drugs will not be granted expungement.  Moreover, Driving Under the Influence (DUI) convictions are specifically ineligible.

An applicant for expungement must petition for the relief in the court in which he or she was convicted.   Certain conditions must also be satisfied before the court may consider granting relief. For instance, five years must pass from the completion of a sentence and a $350 filing fee must be paid for each petition.  Even if all prerequisite conditions are met, a court has the discretion to deny the request.  It is extremely important to be fully prepared, for if a petition is denied, the petitioner must wait two additional years before filing another petition.

For additional information about the new Tennessee Expungement Law, contact Steve Oberman or the Oberman & Rice Law Firm in Knoxville, TN at (865) 249-7200 or visit our website at www.eraseyourrecord.com

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Steve Oberman

Steve Oberman

Since graduating from the University of Tennessee Law School in 1980, Mr. Oberman has become established as a national authority on the intricacies of DUI defense law. Steve is a former Dean of the National College for DUI Defense, co-author of a national treatise ("Drunk Driving Defense" published by Aspen/Wolters-Kluwer), and author of "DUI: The Crime and Consequences in Tennessee" (published by Thomson-Reuters/West). He has taught thousands of lawyers, judges, and members of the general public about the intricacies of this crime. Steve was selected as a Fulbright Scholar to teach American Criminal Law and American Trial Advocacy at the University of Latvia School of Law in 2019; in 2023 taught for a semester as a visiting professor at Eötvös Loránd University (ELTE) Faculty of Law in Budapest, Hungary; and as a Fulbright Scholar at the University of Ljubljana Faculty of Law in 2024. Steve has also presented at a number of judicial conferences in the United States and Canada as well as for law enforcement agencies, including the Federal Bureau of Investigation and the Czech Republic Police Academy. As a Tennessee DUI attorney, Mr. Oberman has successfully defended over two thousand clients charged with Driving Under the Influence of alcohol and/or drugs. In 2006, Mr. Oberman became the first DUI lawyer in Tennessee to be recognized by the National College for DUI Defense as a Board Certified Specialist in the area of DUI Defense law.

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