Legal Question in Criminal Law in Tennessee

My friend was charged with statutory rape in 1998 but pleaed guilty to misdemeanor child abuse. He was sentenced to 30 days in jail, fines, and 1 year supervised probation, which he successfully completed. He is currently in jail, awaiting trial for a VOP on his Federal Probation. He will be allowed to complete a few months in a Halfway House but he needs to either have this child abuse charge expunged (is that is even possible??) OR, he needs some advice on HOW to prove that he does NOT have to file as a registered sex offender. Apparently, the Probation Guidelines, Plea Agreement, and State Warrent (which shows his charge as Child Abuse) aren't enough. What should he do? He lives and the charge was in TN.


Asked on 1/29/13, 12:31 pm

1 Answer from Attorneys
Robyn Overstreet Overstreet Law

I doubt that the child abuse charge will be expunged; but you may have some success arguing that he does not fit the description of a sex offender, which according to the statutory definition, a child abuse conviction does not qualify. If he had been convicted of statutory rape, he would have to register as a sex offender. Please see this link for the statutory definition of a sex offender: http://www.tbi.tn.gov/sex_ofender_reg/sex_offender_law_pdfs/Webpage SOR Definitions.pdf

Please let me know if you need any further help with this matter.

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Answered on 1/29/13, 3:01 pm


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