Tag Archives: expungement

Erasure of criminal charges without conviction to become easier

by Sheila Burke, Associated Press
NASHVILLE, Tenn. — Tennessee courts are going to make it easier for people who have been arrested but never convicted of a crime to have their criminal records wiped clean.

A bipartisan group of legislators, judges and criminal justice officials gathered Tuesday to announce a statewide court initiative in which judges will ask eligible people if they want their records expunged.

Many people don’t know they have that right or face barriers to clearing their names, like taking time off work and going back to a courthouse to fill out paperwork, supporters of the initiative say.

The records can hurt people when they try to find a job, get a loan, find housing or get a professional license. Some lawmakers and others say people who are not guilty of crimes shouldn’t have to face hurdles when it comes to getting their records cleared.

“They’ve been found innocent, but they still have an arrest record haunting them,” said Rep. Harold Love, a Democrat from Nashville.
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An Opinion: $350 Expungement Fee is Too High

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A new law setting up procedures for expunging criminal records (previous post HERE) is praised for its intent by columnist Wendi C. Thomas, but panned for the $350 fee imposed on those who want to take advantage of the measure.
This is a revenue-generating law to the tune of an estimated $7 million. No wonder it got bipartisan support.
That the cost isn’t linked directly to the fee is troubling to Cantrell.
“That seems to impact poor people in a disproportionate way for no real reason,” he said. “Is $350 going to close a lot of my clients out? The answer is yes.”
Spickler is more optimistic.
“If you’ve qualified for this, $350 is easy. You find the $350 to get this off your record,” he said.
And for those who qualify but don’t have the cash?
“We’re going to find that $350,” Spickler said.
The law doesn’t contain a pauper’s provision, which is customary, nor is it clear whether the fee is returned if the judge denies the expungement request.