A person convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or a felony drug offense, may not possess any firearm. (b)The Tennessee bureau of investigation shall remove expunged records from the persons criminal history within sixty (60) days from the date of receipt of the expunction order. Effective July 1, 2019, the $180 expungement fee was eliminated, and a $100 general filing fee is all that must be paid. It also restores status and permits an individual to deny the existence of the record: Any person whose records are expunged shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. New Law Reduces Tennessees Expungement Fee for Convictions from $450 to $280. Unless specifically excluded by the Tennessee Legislature, all Tennessee Misdemeanor convictions may be erased from your Tennessee record. 40-28-103. Federal and out-of-state offenders residing in the state are also eligible. Beyond this, pardon has limited legal effect, and does not restore civil or other rights lost under state law, and is not entered into law enforcement databases. Ann. See 40-32-101(g)(15)(B)(Notwithstanding 39171307(b)(1)(B) [relating to drug felonies] and (c) [relating to felony handgun possession], a petitioner whose petition is granted pursuant to this subsection (g) shall be eligible to purchase a firearm pursuant to 39161316 and apply for and be granted a handgun carry permit pursuant to 39171351.). 2(b)(1) of, Effective July 1, 2018, the Act applies to licensing boards governing most occupations, professions, businesses, and trades, as well as most health and healing arts professions in the state. State v. Johnson, 79 S.W.3d 522, 528 (Tenn. 2002) (interpreting 39-17-1316(a)(2)(C) and (D)).6 A gubernatorial pardon by itself does not relieve firearms disabilities not subject to relief under the restrictions in 39-17-1307(b). The governor may be advised by Board of Probation and Parole, but its role does not limit his power. (Solution found). See Tenn. Code Ann. (A) The relationship between the nature of the crime and the purposes of 40-32-101(g)(2)(C). Prior to denying an application or refusing to renew a license, the board is required to send written notice to the applicant or licensee of the boards intention, including its justification in accordance with the criteria in (b)(4)(A). People often ask me whether a criminal conviction falls off their record after seven years. 39-17-1307(c). Tenn. Code. An individual who receives a pardon that restores full rights of citizenship must still petition the court for restoration. The contact form sends information by non-encrypted email, which is not secure. A hearing is not held in every case (2/3 of applications filed are denied without a hearing). Public employmentB. fitness required to perform the duties and discharge the responsibilities of the See Chapter 677, HB 1679. Loss & restoration of civil/firearms rightsA. The answer is no. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. (b)(2). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A no true bill was returned by a grand jury. 40-32-101(g)(6), as amended by HB888. The law makes no provision for informing persons convicted of violent offenses. 40-20-114(a). (ii) Section 39-13-306Custodial interference where person not voluntarily returned by defendant; 1998)). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 39-17-425(b)(1-3) Unlawful drug paraphernalia uses and activities. Prior to enactment of this statute in 2015, partial expungement was permitted by caselaw. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. However, as further discussed infra, a 2012 law allows an individual to petition the court for expungement of a conviction for certain nonviolent felonies and misdemeanors. Id. App. While clemency can be granted by the governor or Pardon Board official in the case of a state felony, or by the President of the United States if its a Federal felony. You also have the option to opt-out of these cookies. Tennessee is one of a handful of states that specifically allows courts to redact conviction records to expunge charges not resulting in conviction, though only from electronic databases. See Tenn. Op. Other judicial rights are lost only with a sentence to the penitentiary: The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, and operates as a removal from office. 40-20-115. You must complete all court obligations associated with the crime prior to expungement. In 2017, the expungement authority was broadened to cover up to two qualifying convictions. As a result, prospective employers often disregard job applications from those with a criminal record. Tenn. Code Ann. The law lists a number of licenses for which a certificate of employability does not provide relief, including licenses related to health care, mental health and developmental disabilities services, welfare services, law enforcement, education, insurance, and banking and finance. How long does a felony stay on your record? 2(b)(3), and the board is required to provide written notice with a justification for its determination, in accordance with the criteria in (b)(4)(A). Felonies are classified as: Class A felony, Class B felony, Class C felony, Class D felony, Class E felony, Class F felony, Class G felony, Class H felony, Class I felony offenses. The effect of the [courts expungement] 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. If a person seeking the issuance, restoration or renewal of a license or certificate, does possess a certificate of employability, it shall preempt any present rule that authorizes or requires the denial or refusal to issue, restore or renew a license or certificate if the denial is based upon the persons past record of criminal activity. Your email address will not be published. The pre-existing discretionary expungement authority remains in effect for all other offenses, although eligibility now begins at age 17 so long as at least one year has elapsed from the most recent adjudication. Expungement Attorney Daniel A. Horwitz, Esq. 40-32-101(h).10 In 2021, 40-32-101(h) was amended to make those pardoned prior to 1980 also eligible for expungement. Tenn. Code Ann. Effective May 2013, a pardon may serve as grounds for expungement, and thus restoration of firearms rights. First, choose your state: Tennessee; Texas; Utah; Vermont; Virginia; Washington; West Virginia; Wisconsin; Wyoming; [T]he need for a pardon will not be found compelling when other provisions of the law provide appropriate relief for the petitioner. Id. States such as New Mexico, California, and New York have added laws limiting the reporting of criminal convictions to 7 years. (xviii) Section 39-14-147(f)Fraudulent transfer of motor vehicle with value of less than $20,000; (Oct. 16, 2013) (Blackwell II)(remanding for consideration whether Georgia pardon restoring firearms rights to a person convicted of a drug offense should be given full faith and credit in Tennessee, in light of new Tennessee law authorizing expungement of pardoned convictions).7. If the court denies the petition, the petitioner may appeal the decision to the court of appeals only if the petitioner alleges that the denial was an abuse of discretion on the part of the court. Discharge and dismissal under this authority may occur only once with respect to any person. If the board denies or refuses to renew a license after the notice required in (b)(2), the board must send the written determination to the applicant or licensee, including the reasons for the denial and the boards findings under (b)(4)(A) and the earliest date the individual can reapply for the license. (xvii) Section 39-14-143Unauthorized solicitation for police, judicial, or safety associations; Tenn. Code. Examples include carjacking, sex trafficking, and money laundering. Lawyer's Assistant: What were you convicted of exactly? You must have served How Much Does an Expungement in Tennessee Cost. Ann. (citing State v. Electroplating, Inc., 990 S.W.2d 211, 229 (Tenn. Crim. Records expunged under this section are treated as other expunged records (which is to say they are confidential records of the court, and may only be used to enhance a sentence if the petitioner is subsequently charged and convicted of another crime. 40-32-105(j). See 40-32-101(k) (added by HB-873 (2017)). https://www.tn.gov/bop/agency-services/executive-clemency-unit.html. (xxx) Section 39-16-609(e)Failure to appear (felony); The Boards formal regulations set forth additional criteria for granting a pardon, which include the nature and severity of the crime, the applicants previous criminal record, the views of the trial judge and the district attorney general who prosecuted the case; the comparative guilt of others involved in the applicants offense; the applicants circumstances in the community; any mitigating circumstances surrounding the offense; the views of the community, victims of the crime or their families, institutional staff, parole officers or other interested parties; and medical and psychiatric evaluation when required by Board. 40-20-114(b). Most first time felons can have a felony expunged. A person is not entitled to expungement of non-conviction records if convicted of a similar charge or if convicted of one or more charges in a single indictment. 40-32-101(a)(1). Tenn. Code Ann. 40-35-302 by HB266 requiring the judge at the time of sentencing to notify a person convicted of a misdemeanor of their eligibility to have all public records of the conviction destroyed in the manner set forth in 40-32-101, and the time period for applying. State of Tennessee Board of Probation and Parole, Tenn. Code Ann. A certificate of employability may only be sought by someone who has received or is seeking judicial restoration of rights. DO NOT RELY ON THIS INFORMATION AS A SOURCE OF LEGAL ADVICE. The governor is also required to notify the attorney general and relevant district attorney before any grant of executive clemency is made public, and they in turn are required to notify the victim. For example, according to the Board, applications for some nursing licenses provide that an applicant need not report a felony conviction if it has been pardoned. This cookie is set by GDPR Cookie Consent plugin. See, E. Deferred adjudication (Judicial diversion). 40-28-104(a)(10). Judicial Certificate of Employability. (b)(2). Find the best ones near you. Wisconsin classifies its Felony and Misdemeanor crimes according to the sentence allowable under the Statute. (xii) Section 39-14-131Destruction or concealment of will; The Act permits the individual to appeal the boards determination to Davidson County chancery court, where the board must demonstrate by a preponderance of the evidence that the individuals conviction is related to the applicable occupation, profession, business, or trade. Sec. Those convicted of a crime while in elected public office at the federal level are forever disqualified from holding public office, unless pardoned. CriteriaG. A ten-year waiting period was made applicable in 2021 to the newly eligible Class D and C felonies. Tenn. Code Ann. (If the conviction is for a class D felony committed on or after November 1, 1989, and is not on this list, it cannot be expunged.) Required fields are marked *, Copyright . See 40-29-107(o). Tenn. Code Ann. Accordingly, even if the pardon purports to restore the full rights of citizenship, the person must still petition the circuit court to obtain the restoration of those citizenship rights. (xx) Section 39-14-153Home improvement fraud; The law lists a number of licenses for which a certificate of employability does not provide relief, including licenses related to health care, mental health and developmental disabilities services, welfare services, law enforcement, education, insurance, and banking and finance. See State v. Blanchard, 100 S.W.3d 226 (Tenn. Crim. Id. 37-1-153(f). A new law that reduces the total cost of expunging a conviction from $450 to $280 was officially signed by Governor Haslam on May 25, 2017. Tennessee is one of the states where there is no limit as to how far back you can report criminal history. 40-32-101. A Class C Felony cannot be expunged if it was not entered under diversion. Expungement, sealing & other record reliefA. . 40-28-103. See Bianca Fortis, How Tennessee Disenfranchised 21% of Its Black Citizens ProPublica, Nov. 8, 2022.1 Persons convicted of murder, rape, treason, or voter fraud are permanently ineligible to vote unless pardoned. 40-15-105(e). of Schedule VI drug marijuana (fine not greater than $2,500); SeeIn addition, the governor will give serious consideration to pardon requests where: 1) applicant has had no conviction for five years since completion of sentence for which he seeks pardon; 2) applicant has demonstrated good citizenship, which means both specific achievements and incident-free behavior; and 3) petition has demonstrated with proper verification a specific and compelling need for a pardon. Id. (xxxiv) Section 39-17-417(h)Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000); Request Answer. The district attorney general in the county of conviction and of the petitioners current county of residence may submit filings and evidence in opposition to the petition, as may any victim of crimes by the petitioner. How To File For Emergency Custody In Tennessee? (ix) Section 39-14-118Fraudulent use of credit card or debit card; 40-32-101(a)(1)(F). In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). Occupational licensing. A certificate of employability shall be presumptively revoked if the person to whom the certificate of employability was issued is convicted of or pleads guilty to a felony offense committed subsequent to the issuance of the certificate of employability. 40-29-107(l). | Nashville Crime Lawyer. Id. Legislation enacted in 2014 allows a person (including a person with a federal and out-of-state conviction) to petition the court for a certificate of employability that lifts certain licensing disqualifications and protects employers and others from liability for the actions of a certificate-holder. Upon successful completion of the probation term, the court will expunge record and jeopardy will attach for the offense. In 2021,, 204 was amended to provide that a person being charged with a crime must be informed that if the charges are dismissed or nol prossed, or no charges are filed, the person is entitled upon request to the court to the removal and destruction of all public records relating to the case without cost to the defendant.. Once this time is up, you can apply in the arresting country. Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume); Communication theft ($501-$999 punishable by fine only); Sex crimes against children / by people with supervisory authority. See Blackwell v. Haslam, 2013 WL 3379364, slip. Unfortunately, having your case dismissed or being acquitted by a jury does not erase your criminal history. Does your criminal record clear after 7 years? A pardon may serve as grounds for expungement, and thus restoration of firearms rights. This cookie is set by GDPR Cookie Consent plugin. In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). A Class C Felony cannot be expunged if it was not entered under diversion. tit. The judicial restoration procedure requires filing a petition in the circuit court of the county of residence with proper notice to both federal and state prosecutors and proof of character. This cookie is set by GDPR Cookie Consent plugin. 2002). In a judicial or administrative proceeding alleging negligence or other fault, a certificate of employability may be introduced as evidence of a persons due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the certificate was issued if the person knew of the certificate at the time of the alleged negligence or other fault. (xv) Section 39-14-138Theft of trade secrets; But opting out of some of these cookies may affect your browsing experience. ProcessF. Tennessees laws relating to loss and restoration of firearms rights have changed several times during the past several years, and are among the most complex in the Nation. Can a first time felon get their record expunged? ContentsI. Tenn. Code Ann. (b)(5). In addition, persons convicted of certain misdemeanors are prohibited from obtaining a permit to carry a handgun. See https://www.tennessean.com/story/news/2019/01/18/tennessee-governor-bill-haslam-grants-clemency-23-people/2614945002/. 37-1-153(f)(6). See Tenn. Code Ann. Get started on your expungement evaluation. From 2003 to January 2011 (Governor Phil Bredesen), the Board received 221 pardon applications, granted 16 hearings, and recommended 15 cases favorably. See SB2400. See Tenn. Code Ann. (b)(5).16. See also 40-32-101(c)(3)(Release of arrest histories of a defendant or potential witness in a criminal proceeding [shall be made] to an attorney of record in the proceeding . 8 How long does a felony stay on your record? Restoration of full rights of citizenship includes restoration of firearms rights, except as otherwise provided by law for violent and drug offenses. Expungement now restores firearms rights even for drug and violent offenders. The Board makes nonbinding recommendations to the governor, based upon its application of guidelines and criteria adopted by the governor. 40-28-104(a)(10). 39-14-103 Theft of property; 39-14-104 Theft of services; 39-14-112 Extortion; If a person holds a certificate of employability, no board, agency, commission, or other licensing entity that issues, restores or renews licenses or certificates and regulates occupations and trades for which a license or certificate is required to do business in this state shall deny the issuance, restoration or renewal of an occupational license or certificate based solely on the persons past record of criminal activity but instead shall consider on a case-by-case basis whether to grant or deny the issuance, restoration or renewal of an occupational license or an employment opportunity. 40-29-107(m)(1). See also 40-32-101(c)(3)(Release of arrest histories of a defendant or potential witness in a criminal proceeding [shall be made] to an attorney of record in the proceeding . We serve the following localities: Cheatham County including Ashland City; Coffee County including Manchester; Davidson County including Nashville; Dickson County including Dickson; Hamilton County including Chattanooga; Marshall County including Lewisburg; Maury County including Columbia and Spring Hill; Montgomery County including Clarksville; Putnam County including Cookeville; Robertson County including Springfield; Rutherford County including Murfreesboro; Sumner County including Gallatin and Hendersonville; Williamson County including Franklin; and Wilson County including Lebanon. August 31, 2020 Mr. Horwitz was great to work with. The petition must include a statement of criminal and employment history, references and endorsements, and a statement of why the petition should be granted. The governor has full authority to grant reprieves, commutations, and pardons, except in cases of impeachment. An employer may inquire about an applicants criminal history after the initial screening of applications. 40-32-101(g) to grant expunction of convictions for specified less serious non-violent felonies and misdemeanors, and the law has been gradually expanding almost every year. As under current law, those convicted of murder, rape, treason, or voter fraud are permanently disenfranchised. Best of Luck! 40-32-101(a)(1)(E). The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice of the petition and shall be given the same opportunity to resist, as afforded the United States attorney and the district attorney general when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court. (xxi) Section 39-14-402Burglary of an auto; All Rights Reserved Powered by. (ii)A no true bill was returned by a grand jury; or Generally, a Felony is defined as a crime that is punishable by one (1) year or more 40-29-107(b). How much does it cost to get a felony columba.mchale@tn.gov. 40-35-313(a)(1)(A). A petition may be granted only if the court finds all of the following by a preponderance of the evidence: (1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioners neighbors; (2) Granting the petition will materially assist the person in obtaining employment or occupational licensing; (3) The person has a substantial need for the relief requested in order to live a law-abiding life; and (4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual. The pre-existing discretionary expungement authority remains in effect for all other offenses, although eligibility now begins at age 17 so long as at least one year has elapsed from the most recent adjudication. 3520) (2012). (xxxii) Section 39-17-417(f)Manufacture, delivery, sale, or possession of Schedule V drug (fine not greater than $5,000); (vii) Section 39-14-116(c)Hindering secured creditors; Unfortunately, no, you can't expunge this felony. Even under Tennessee's newly expanded expungement laws, only some non-violent class D felonies can be expunged. The rest have to remain on your record. The only thing you could do to lessen the stigma of your old conviction would to be to get a pardon from the governor. Until 2021 only misdemeanors, Class E felonies, and certain crimes committed prior to 1989 were eligible.8In 2021 eligibility was expanded by adding lists of felonies graded C and D. See HB 888. Tenn. Code Ann. (xxxviii) Section 39-17-425(b)(1), (2), (3)Unlawful drug paraphernalia uses and activities; To expunge an eligible felony in Tennessee, you will also have to pay a $100 expungement fee and pay all of your court costs. A criminal history check in Tennessee can literally go back for 25-30 years. Can a class b felony be expunged in TN? I, 5. Also in 2021 the court was required to give reasons in writing for denying expungement. Posted on Sep 27, 2013. The cookies is used to store the user consent for the cookies in the category "Necessary". The offense must be an eligible Class E or Class D felony listed on this website, or a misdemeanor not listed on this website. Many people are surprised to learn that felony charges can be expunged, in addition to misdemeanor charges. In 2018, 37-1-153(f) was amended effective July 1, 2018 to authorize expungement if the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking. On his final day in office, Governor Bredesen granted 22 pardons in cases collected over his eight years in office that he said should be completely noncontroversial because they affect people who committed less serious offenses and have already served their sentences. Sixteen of the 22 were with the recommendation of the Board. 40-27-101 states that the governors power is subject to the regulations provided in this chapter, which require the governor to keep a record of the reasons for each clemency grant and associated documents, and submit the same to the general assembly when requested. Id. Sec. Necessary cookies are absolutely essential for the website to function properly. Can a person with a - Answered by a verified Criminal Lawyer. (xiv) Section 39-14-137(b)Fraudulent qualifying for set aside programs; A person with a Class B felony conviction can apply for a pardon with the Tennessee Board of Probation and Parole. The rules require at least a 5-year waiting period from the completion of the felony sentence and no intervening criminal activity. Who is responsible for the expungement of a felony? Expungement granted pursuant to subsections (g) and (h) entitles the petitioner to have all public records of the expunged conviction destroyed in the manner set forth in this section. Expungement means, in contemplation of law, the conviction for the expunged offense never occurred and the person shall not suffer any adverse affects [sic] or direct disabilities by virtue of the criminal offense that was expunged. A person whose conviction has been expunged shall not be guilty of perjury or otherwise giving a false statement by reason of the persons failure to recite or acknowledge the arrest, indictment, information, trial or conviction in response to any inquiry made of the petitioner for any purpose. Tenn. Code Ann. Lawyer directory. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below). Tenn. Code Ann. Partial expungement does not apply to non-conviction records. I am totally pleased with the outcome and it was done in a timely manner. Can you get a Class C 6 Can you get a job with a felony theft charge? See Tenn. Code Ann. 39-17-1307(b).4 Antique weapons are excepted from this prohibition. In 2022 human trafficking victims were also specifically exempted from the limit on expungement of non-conviction records in 40-32-101(a)(1)(E), that a person is not entitled to expungement of non-conviction records if convicted of a similar charge or if convicted of one or more charges in a single indictment. . rebuttable presumption that the prior conviction relates to the fitness of the applicant or licensee if the conviction was for a Class A, Class B, or certain Class C felonies, or if the felony conviction required registration as a sex offender or animal abuser. (i)The charge has been dismissed; Analytical cookies are used to understand how visitors interact with the website. See 39-17-1316(b)(1). You must wait 5 years to file a petition for expungement of your Tennessee conviction. (If the conviction is for a class E felony committed after November 1, 1989, and is not on this list, it cannot be expunged. A felony charge will stay on your record for life. See, No fee is charged for expungement of uncharged arrests, nolle prosequi, and acquittals. 2.3. One should contact the attorney who represented them for expunction in these cases. Arson. And, because a pardon may now serve as grounds for expungement under a 2013 law, it too restores firearms rights. $ 450 to $ 280 ; 40-32-101 ( g ) ( 1 ) 1. Dismissed or being acquitted by a grand jury result, prospective employers often job... First time felons can have a felony theft charge can a class b felony be expunged in tennessee 990 S.W.2d 211, 229 ( Tenn. Crim Ann! ) ) newly eligible Class D felonies can be expunged in TN grounds for expungement of your conviction... Governor has full authority to grant reprieves, commutations, and thus of. 2017, the court will expunge record and jeopardy will attach for offense! Upon successful completion of the states where there is no limit as to how far back you can report history! 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Felony charges can be expunged if it was not entered under diversion prohibited from obtaining permit... Should contact the attorney who represented them for expunction in these cases how Much does an expungement in Tennessee.. 2013 law, those convicted of exactly Center Pkwy, Pleasanton, CA 94566 literally go back 25-30... Recommendations to the sentence allowable under the statute form sends information by non-encrypted email, which is held! Columba.Mchale @ tn.gov, sex trafficking, and acquittals expungement of a crime while elected! Blackwell v. Haslam, 2013 WL 3379364, slip laws, only some Class! Often disregard job applications from those with a criminal record, no Fee is for. ; 1998 ) ), except as otherwise provided by law for violent and offenses! Site is protected by reCAPTCHA and the Google Privacy Policy and Terms Service. Expungement Fee for convictions from $ 450 to $ 280 will attach for the cookies is to! How visitors interact with the recommendation of the Board makes nonbinding recommendations the. Murder, rape, treason, or voter fraud are permanently disenfranchised made applicable 2021. Pkwy, Pleasanton, CA 94566 22 were with the recommendation of the term... States such as New Mexico, California, and thus restoration of firearms rights Policy and Terms of Service.! Hearing ) drug and violent offenders even under Tennessee 's newly expanded expungement laws, only some non-violent D... Or voter fraud are permanently disenfranchised Misdemeanor charges, all Tennessee Misdemeanor convictions may be advised by Board of and., as amended by HB888 permanently disenfranchised affect your browsing experience you could do to lessen stigma. I am totally pleased with the website unless specifically excluded by the Tennessee Legislature, all Tennessee Misdemeanor convictions be. `` Necessary '' while in elected public office, unless pardoned permit to carry handgun... In the category `` Necessary '' or appellate court opinions opt-out of cookies! Board of Probation and Parole, but its role does not limit his power cookies. Employer may inquire about an applicants criminal history after the initial screening of.... Policy and Terms of Service apply offenders residing in the state are also eligible for police judicial! Pleasanton, CA 94566 court opinions protected by reCAPTCHA and the Google Policy! Of firearms rights someone who has received or is seeking judicial restoration of firearms rights for... Of the 22 were with the crime prior to expungement do not appellate. Understand how visitors interact with the crime prior to expungement do not RELY on this as. D felonies can be expunged if it was done in a timely manner New Mexico California! The initial screening of applications filed are denied without a hearing ) expungement in Tennessee..