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 Erasing Tennessee Misdemeanor Convictions

Oftentimes, a single lapse in judgment, resulting in a Tennessee criminal conviction, can plague a person throughout his or her life. A criminal record can impact your life in far-reaching ways--from job prospects to your credit rating. However, you may now be able to have your Tennessee criminal charge expunged from your public record.

 

Consult the list below to determine if you are able to petition a Tennessee court to have your misdemeanor criminal conviction erased from your record. If you have not done so already, please also click here to determine your general eligibility to have your Tennessee criminal conviction expunged.

 

If you are eligible and would like to petition the court for expungement of your Tennessee criminal record, or have questions about your eligibility, contact the Tennessee expungement lawyers at Oberman & Rice at (865) 249-7200.

 

Tennessee Misdemeanor Offenses That CANNOT Be Expunged (In the order listed in the Tennessee Code Annotated)

If your Tennessee conviction is not listed below, you may be eligible to have your criminal conviction erased from your Tennessee criminal history. For additional eligibility requirements, please click here.

 

The following offenses are listed in the order in which they appear in the Tennessee statute (Tennessee Code Annotated § 40-32-101(g)(1)(B)):

  • Assault;
  • Aggravated assault of a public employee;
  • Domestic assault;
  • Violation of a protective order or restraining order;
  • Possession of a firearm while order of protection in effect;
  • Public indecency 3rd or subsequent offense;
  • Indecent exposure--vicitim under 13 years of age;
  • Indecent exposure by a person in a penal institution exposing to a guard;
  • Violation of community supervision by a sex offender not constituting offense or constituting misdemeanor;
  • Soliciting minor to engage in a Class E sexual offense;
  • Unlawful sexual conduct by an authority figure;
  • Fraudulent use of credit/debit card (up to $500);
  • Reckless burning;
  • Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;
  • Coercion of abortion;
  • Third or subsequent violation of "Child Rape Protection Act of 2006;"
  • Child abuse (where child is between ages 7-17);
  • Child neglect and endangerment (where child is between ages 7-13);
  • Enticing a child to purchase intoxicating liquor or purchasing alcoholic beverage for a child;
  • Allowing a person 18-20 to consume alcohol on person's premises;
  • Harboring or hiding a runaway child;
  • Stalking;
  • Methamphetamine-related crimes (e.g. purchasing methamphetamine precursors for unlawful use, unlawfully dispensing meth precursors, etc.)
  • Using substance or device to falsify drug test results or selling synthetic urine;
  • Possession of the hallucinogenic plant Salvia Divinorum or synthetic cannabinoids;
  • Sale or possession of synthetic derivatives or analogues of methcathinone;
  • Importing, preparing, distributing, processing, or appearing in obscene material;
  • Sale or loan to minors of harmful materials;
  • Unlawful massage or exposure of erogenous areas;
  • Possession of firearm after being convicted of misdemeanor crime of domestic violence;
  • Possession of firearm while order of protection is in effect;
  • Possession of firearm while prohibited by state or federal law;
  • Failure of adult to report juvenile carrying gun in school;
  • Non-parent providing handgun to juvenile;
  • Failure to surrender handgun carry permit upon suspension;
  • Violent felon owning or possessing vicious dog;
  • Assault (offensive or provocative physical contact);
  • Public indecency--first or second offense (punishable by $500 fine only);
  • Indecent exposure (victim 13 years old or older);
  • Disseminating smoking paraphernalia to minor after 3 prior violations;
  • Misuse of official information by public servant;
  • Disorderly conduct at a funeral;
  • Possession or consumption of alcoholic beverages on K-12 school premises;
  • Display for sale or rental of material harmful to minors; and
  • Driving Under the Influence (DUI).

 

Tennessee Misdemeanor Offenses That CANNOT Be Expunged (Alphabetized)

  • Aggravated assault of a public employee
  • Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property
  • Allowing a person 18-20 to consume alcohol on person’s premises
  • Assault
  • Assault (offensive or provocative physical contact)
  • Child Abuse (where a child is between ages 7-17)
  • Child neglect and endangerment (where child is between ages 7-13)
  • Coercion of abortion
  • Disorderly conduct at a funeral
  • Display for sale or rental of material harmful to minors
  • Disseminating smoking paraphernalia to minor after 3 prior violations
  • Domestic Assault
  • Driving Under the Influence (DUI)
  • Enticing a child to purchase intoxicating liquor or purchasing alcoholic beverage for a child
  • Failure of adult to report juvenile carrying gun in school
  • Failure to surrender handgun carry permit upon suspension
  • Fraudulent use of credit/debit card (up to $500)
  • Harboring or hiding a runaway child
  • Importing, preparing, distributing, processing, or appearing in obscene material
  • Incident exposure by a person in a penal institution exposing to a guard
  • Incident exposure—victim under 13 years of age
  • Incident exposure (victim 13 years or older)
  • Methamphetamine-related crimes (e.g. purchasing
  • methamphetamine precursors for unlawful use, unlawfully dispensing meth precursors, etc.)
  • Misuse of official information by public servant
  • Non-parent providing handgun to juvenile
  • Possession of firearm after being convicted of misdemeanor crime of domestic violence
  • Possession of firearm while order of protection is in effect
  • Possession of firearm while prohibited by state or federal law
  • Possession of the hallucinogenic plants Salvia Divinorum or synthetic cannabinoids
  • Possession or consumption of alcoholic beverages on K-12 school premises
  • Public indecency—first or second offense (punishable by $500 fine only)
  • Public indecency 3rd or subsequent offense
  • Reckless burning
  • Sale or loan to minors of harmful materials
  • Sale or possession of synthetic derivatives or analogues of methcathinone
  • Soliciting minor to engage in a Class E sexual offense
  • Stalking
  • Third or subsequent violation of "Child Rape Protection Act of 2006”
  • Unlawful massage or exposure of erogenous areas
  • Unlawful sexual conduct by an authority figure
  • Using substance or device to falsify drug test results or selling synthetic urine
  • Violation of community supervision by a sex offender not constituting offense or constituting misdemeanor
  • Violation of a protective order or restraining order
  • Violent felon owning or possessing vicious dog