Do Misdemeanors Go on Your Record?
If you have been charged with a misdemeanor in Tennessee, you may wonder about its impact on your permanent record. The answer is yes, misdemeanors typically appear on your criminal record and can affect your life in significant ways. This record can influence your job prospects, housing applications, and other opportunities for years to come. Read on for all you need to know about misdemeanors on your record, their impact, and the expungement process in Tennessee.
How Misdemeanors Appear on Background Checks
In Tennessee, misdemeanor convictions become part of your permanent criminal record. A TBI background check shows the criminal history of the specific adult within Tennessee; typically, misdemeanor and felony arrests and convictions. When employers, landlords, or other organizations conduct background checks, they can see these misdemeanor convictions.
The Tennessee Bureau of Investigation maintains these records and makes them available to the public through official background check requests. Most employers and landlords will discover misdemeanor convictions during their screening processes, which can create barriers to employment and housing opportunities.
Impact on Employment and Housing
Misdemeanor convictions can significantly affect your ability to secure employment or housing in Tennessee. Many employers routinely conduct background checks and may hesitate to hire individuals with criminal records. Similarly, landlords often screen potential tenants and may reject applications from those with misdemeanor convictions.
However, Tennessee has implemented some protections for individuals with criminal records. Recent legislation limits when and how employers can ask about criminal history during the hiring process. Despite these protections, misdemeanor convictions can still present challenges in various aspects of life.
Expungement Options in Tennessee
Fortunately, Tennessee law provides opportunities to remove certain misdemeanor convictions from your public record through expungement. Unless specifically excluded by the Tennessee Legislature, all Tennessee Misdemeanor convictions may be erased from your Tennessee public record. This legal process can help restore your reputation and improve your future prospects.
The expungement process in Tennessee allows eligible individuals to have their misdemeanor convictions removed from public view. On July 1, 2017, a new law went into effect allowing individuals convicted of certain offenses in Tennessee to have two (2) offenses expunged from their records. This can include two misdemeanors or one felony and one misdemeanor.
Requirements for Expungement
Several requirements must be met before you can expunge a misdemeanor conviction in Tennessee:
- You must have completed all terms of your sentence, including probation
- A waiting period must pass after your conviction
- You must not have been convicted of any new crimes during the waiting period
- The specific misdemeanor must be eligible for expungement under Tennessee law
- You can only use expungement once in your lifetime for most cases
The Expungement Process
The expungement process involves filing a petition with the court where your conviction occurred. You must provide specific documentation and pay the required fees. The court will review your case and determine whether you meet all eligibility requirements.
Once expunged, you can legally deny the incident’s existence in most situations since it is treated as if it never occurred. This means potential employers and landlords will not see the conviction during standard background checks.
Get Legal Help Today
If you have a misdemeanor conviction on your record in Tennessee, the Law Offices of Josh T. Crain can help you explore your options. Our experienced misdemeanor criminal defense attorneys know Tennessee expungement law and can guide you through the process of clearing your record. Do not let a past mistake continue to limit your future opportunities. Contact us today at (615) 285-6487 to schedule a consultation and take the first step toward a fresh start.