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Will my criminal record show on a background check after 5 years if they are all misdemeanors .

Murfreesboro, TN |

I have 8 misdeamenors . 7 counts in the same night and a VOP . I have not gotten in trouble at all since that night 5 years ago when I was 18 . I have heard that misdemeanors drop off after so long . Is this in any form or fashion true ? And will there be any way to get an expunger ?

Actually that would only be 7 misdemeanors. and a VOP.

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Attorney answers 4

Posted

These charges will not disappear on their own unless they were entered under diversion. Diversion is a procedure by which you are convicted or plead guilty and a Judge grants you diversion. If you successfully complete probation in the diversion period (it doesn't sound like you would have if you violated the terms of your probation) and pay all fines and costs, your charge will be automatically expunged.

Assuming that all of these charges stemmed from the same offense or were within a 24 hour period, you may be elligible to have these expunged. You will need to consult with a competent Criminal Defense attorney to determine whether or not you can have them expunged as these cases are heavily fact specific.

Consult an attorney! Best of Luck!

Asker

Posted

Thank you from the bottom to the top of my heart. You are much appreciated!!

Posted

Typically a criminal conviction stays on your record till the day you die. They do not drop off your record after five or seven years. If you were placed on diversion then it's possible it could be dismissed and expunged but based on the facts as you have stated them, it doesn't sound like you were on diversion. The laws regarding expungement were changed last year to allow certain misdemeanors and small felonies to be expunged. It's very difficult to qualify for these expungements and since you have multiple charges, it's likely you won't qualify. But I still suggest you contact a lawyer in your area or call the criminal court clerk's office in your county to see if you qualify for having any or all of these expunged.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

Asker

Posted

Thank you sir.

Posted

In Tennessee, there is no time period where past convictions drop off of your record. Unless it was a very specific type of plea (such as a 40-35-313 diversion) or you fall under one of the new expungement-eligibile categories, the convictions will always be on your record. You should definitely contact an attorney about an evaluation of whether or not any of your convictions are eligible for expungement.

Posted

I agree with my colleagues. These charges should be able to be expunged. I practice in Rutherford County so if you want to discuss this matter further you can contact my office at 615-459-6130.

"Nothing in this communication is meant to establish an attorney-client relationship. The information is provided for educational purposes only. No action will be taken on your behalf unless you have have hired me and entered into a written retainer agreement. I am only licensed in Tennessee and I suggest contacting an attorney in your specific city and state as soon as possible to avoid any statute of limitations deadlines, if applicable."

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