Legal Question in Criminal Law in Tennessee

I was charged with Theft Under $500 in the state of TN. The public defender explained that since it was my first offense it was filed as a Title 40 and that if I was ever asked had I been convicted of any crime I could honestly answer no. I am currently taking a CNA course, last week out instructor had us fill out a background check for KROLL. Would something like this show up here? I have been employed since this has happened. They did a background check, and I had no problem getting hired. But I am still concerned.


Asked on 3/04/13, 1:55 am

1 Answer from Attorneys
Charles Bloodworth

1 - IF you were placed on Post-trial/Judicial Diversion under Tennessee Code �40-35-313, and:

2 - IF you completed that Diversion and had an order of dismissal and expungement entered, then:

[Quoting from the statute]: The effect of the order is to restore the person, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information. No person as to whom the order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge the arrest, or indictment or information, or trial in response to any inquiry made of the person for any purpose, except when the person who has been availed of the privileges of expunction then assumes the role of plaintiff in a civil action based upon the same transaction or occurrence as the expunged criminal record.

And you may lawfully deny even the existance of the arrest.

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Answered on 3/06/13, 7:37 am


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