Expungement of Criminal Record
Pretrial Diversion / Post Plea or Judicial Diversion
Criminal records are permanent and of course may significantly impact a person's eligibility for employment, education and other civic organizations. Furthermore, individuals convicted of a felony may no longer be allowed to possess a firearm or vote in elections. Individuals charged with a criminal offense may be eligible to have the matter removed from their criminal record. In most situations where a criminal charge has been successfully defended and the matter has been dismissed an individual may submit the documentation necessary and in some cases an additional fee and the court will order that the court records associated with the criminal charge be destroyed. Also, in some cases a person may apply for Pretrial Diversion or Post Plea Diversion. In most situations a person must not have a criminal record consisting of a class A misdemeanor or greater offense in order to be eligible for either type of diversion. In order to obtain diversion specific documentation must be completed prior to court and submitted to the Tennessee Bureau of Investigation verifying a defendant's criminal history in order to qualify. The defense attorneys at Brasfield and Milazo, P.C. will do this for their clients. If diversion is granted by the court, whether pretrial or post-plea, a defendant will be placed on some period of probation. At the conclusion of this period of probation, and upon all of the conditions of probation having been met, including the payment of court costs and probation fees the defendant may then submit the documentation necessary to expunge the matter from their criminal record. It is important to note that it is the responsibility of the defendant and/or their attorney to complete the expungement process , by submitting the proper documents to the court. Failure to do so will result in the matter remaining on your criminal record. After you have completed the requirements in your specific matter, clients of the defense attorneys at Brasfield and Milazo, P. C. can contact our office and we will prepare and submit the documents necessary to remove the matter from your criminal record.
If you have had a matter that was retired, dismissed or plead to under Pretrial or Judicial Diversion, you may contact the attorneys at Brasfield and Milazo, P.C. Attorneys at Law to discuss removing the arrest from your criminal record.
