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Can a reckless endangerment charge be expunged?

Murfreesboro, TN |

In the state of TN, if pled guilty to a DUI charge, Expungement is not eligible, but what if it the charge was dropped to reckless endangerment? Please help

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Attorney answers 2


If you pled guilty to a reduced charge, you have still been convicted of the lesser offense and the conviction is ineligible for expungement from your criminal record unless you participated in a judicial diversion program.


I agree with Kevin. The only way in Tennessee a plea before a judge ever leads to a possible expungement is if the plea is not actually accepted by the court and a conviction is NOT entered. This main way that this can happen is with a plea that is entered under Tennessee Code Annoated 40-35-313, also called judicial diversion. 40-35-313 experessly excludes DUI from the crimes eligible for a diversion plea. Reckless endangerment is not excluded but I do not imagine that most prosecutors would agree to amend a charge from DUI to reckless endangerment and let the plea be under 40-35-313.



Is there a number I can call for legal advice from either of you to get this taken care of?

Darren Drake

Darren Drake


There is a new expungement law in TN that would make your charge eligible to be expunged 5 years from the date your probation ended (assuming you did not sign a waiver of expungement - which is highly unlikely since when you pled there was no expungement option) and you have no other convictions. If the DA or court denis your expungement application although you are eligible, you can try again 2 years after the date of denial. On your fifth try (if you are unsuccessful on 4 attempts) it must be granted. It could take a total of 15 years since your probation ended to get it expunged but it is better late than never. Good luck.

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