Legal Question in Criminal Law in Tennessee

Step One: Remember, expungement is not automatic. Even if you successfully complete a diversion program, or if expungment is authorized becasue of the nature of how the case was resolved, there is still paperwork that must be completed and signed by the judge, and a fee may be payable.

Step Two: Expungement is effective ony to "public information," that is, only information that any Tom, Dick or Harry walking the street could find with visit to the clerk's office or by checking a government public record database. Law enforcement may keep non-public records, and private credit reporting agencies and other private database companies may still have a record of your original arrest, even if it resulted in a dismissal and expungement.

My advise to those applying to law enforcement, or military, or other government agencies to twofold:

1 - READ the question! If they ask "Have you even been convicted ..." the answer is NO." A diversion is not a conviction.

2 - If they ask "Have you ever been arrested?" my advice is "Tell the truth, they are probably going to find out about it anyway."

A typical answer might be "I was merely arrested for a misdemeanor, but I was never found guilty, the charges were dismissed and they have been expunged from my record."