Is Expungement Possible for a Marijuana Conviction in Tennessee?

Getting a criminal record expunged destroys or erases an offense from your profile. This prevents the public from viewing the record, although law enforcement and other government agencies may still have access to it. The process of getting an expungement in Tennessee only allows certain criminal records to be expunged, and that includes marijuana convictions, depending on the amount in your possession and other criteria.

By getting your record expunged, it is equivalent to never having the offense take place. An expungement can open up future opportunities, opening doors for suitable housing and more favorable employment. If you are wondering if your offense is eligible for expungement, do not hesitate to contact the Manchester, TN, criminal lawyers at Burch & Stewart Attorneys.

Expungement of a Criminal Conviction in Manchester, TN

Expungement is the judicial process of removing a crime from your criminal record and clearing your name. In being granted an expungement, you seal your record from the public eye. To get your record expunged, you must file a request with the court in which the matter originated. Expungements are subject to a $180 fee, not including additional court fees.

In Tennessee, certain criminal convictions can be expunged, with certain misdemeanors being excluded as stated in the law. Expungement eligibility is dependent on the following conditions:

You have no more than two convictions that are eligible for expungement, excluding traffic violations, in Tennessee, or any other state.
You must have completed all terms of your sentence (including imprisonment, probation, and parole) with at least five years elapsing since the completion of your sentence (10 years for class C and class D felonies).
You have successfully completed a supervised or unsupervised release.
You must have paid all fines, restitution, and other court costs.
The offense must be eligible for expungement, either listed on the inclusion list for class A through class E felonies and not included on the misdemeanor exclusion list.

Are Drug Crimes Eligible for Expungement?

In Tennessee, drugs that have a higher potential for abuse and little medical purpose are categorized as schedule I substances, whereas substances with the least potential for abuse and greatest established medical use are classified as schedule VII drugs. According to Tennessee law, marijuana or cannabis is a Schedule VI substance.

TN Code §40-32-101(g) indicates which drug crimes are eligible for expungement:

The manufacturing, delivery, sale, or possession of a Schedule V drug is limited to offenses with a fine not exceeding $5,000. Examples include Gabapentin, Lyrica, codeine, cough syrup, and Pyrovalerone.
The manufacturing, delivery, sale, or possession of ½ ounce to 10 pounds of marijuana, limited to those offenses with a fine not exceeding $2,500.
The manufacturing, delivery, sale or possession of a Schedule VII substance, limited to offenses with a fine not exceeding $1,000.
Simple possession or casual exchange (third offense).

Even if you have already served time behind bars, you may be eligible to have a marijuana conviction expunged. The quantity in your possession and the imposed penalties will play a large role in determining your eligibility for expungement. If you are interested in learning your legal options to clear your name, our Manchester, TN, criminal attorneys are here to answer any questions you may have.

Contact a Manchester, TN Criminal Attorney Today

A criminal charge or conviction can follow you forever, preventing you from living the life you want. Besides impacting where you live or work, having a record prevents you from renewing professional licensure, preventing you from working in your preferred industry. These repercussions can severely impede your income.

At Burch & Stewart Attorneys, we believe that a past transgression should not limit your endeavors. That is why our Manchester, TN, criminal lawyers are dedicated to helping individuals break free of the hold that the criminal justice system has on them. If you are interested in discussing your eligibility for expungement, our office is only a call or click away. To discuss your legal matter, contact us online or by phone at (931) 954-1066 to schedule your free consultation.