Tag Archives: expunge

Recently, I had a client who, unfortunately passed away while her case was pending. The typical procedure in a situation like this is to conclude the case by what is called an “abatement.” Although this did conclude the case, I was concerned that her young child may later review her criminal history and find she was charged with a DUI. Accordingly, I attempted to expunge. (erase from public record.) my client’s arrest. The state, however, objected to expunging this case, ... Read More »

You may be wondering if it is possible to have your OUI conviction expunged from your record.  The short answer is no.  An expungement order is a court order to remove and destroy records so that no trace of the information remains.  There are two instances, as it relates to DUI, where your record may be expunged.  First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged ... Read More »

After successful completion of the Accelerated Rehabilitative Disposition (ARD) Program, one may motion for an expungement.  But, what does this mean? An expungement removes the criminal aspect of your DUI charge.  So, for example, a new job you apply for runs a criminal background check and you are concerned it is going to show up.  After the motion for expungement is granted, it should not appear. However, if this new job requires a driving history, you should be aware that ... Read More »

Due to the new Tennessee expungement law (allowing for the erasure of an arrest or conviction from public record) effective July 1, 2012, there has been some confusion about how much a court clerk may charge to file an expungement petition.  In an effort to resolve the many questions relating to this issue, the State of Tennessee Attorney General’s Office issued Opinion Number 12–89.  This opinion provides a detailed analysis of how the Attorney General arrived at its answer, but ... Read More »