(ix) Section 39-14-118Fraudulent use of credit card or debit card; The cookie is used to store the user consent for the cookies in the category "Performance". I, 5. You must wait 5 years to file a petition for expungement of your Tennessee conviction. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. August 31, 2020 Mr. Horwitz was great to work with. In recent years, the annual reports of the Board of Parole have included no information about pardon grants, but news reports indicate that Governor Haslam (2011 to 2019) granted a total of 35 pardons and a handful of commutations. An employer may inquire about an applicants criminal history after the initial screening of applications. WebYou are eligible to expunge a conviction if you have only one nonviolent offense and you have no later arrests or violations. WebIf your Tennessee felony conviction is listed below, you may be eligible to have your conviction erased from your Tennessee criminal history. How far back do background checks go in Tennessee? Ann. 40-32-101(a)(1)(E). III, 6. Prior to enactment of this statute in 2015, partial expungement was permitted by caselaw. The TDPDC is the Tennessee District Public Defenders Conference which is comprised of the 31 elected district public defenders across the state of Tennessee. 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. Find a lawyer near you. 2002). You must wait 5 years to file a petition for expungement of your Tennessee conviction. See, E. Deferred adjudication (Judicial diversion). 40-32-101(h), discussed in Part III infra. However, there may be other steps you can take to achieve the desired results. All of the crimes to be expunged must be otherwise eligible for expungement under 40-32-101, and none may not involve the use of physical force against a person or a deadly weapon. Expunction is the removal of a conviction (especially for a first offense) from a person's criminal record. The TDPDC strives to make the information in this website timely and accurate. If a subsequent records check reveals that an applicant for such position has a criminal record, the employer shall consider. In the use of expungement, its the governor of the state where the person has been convicted who grants expungement. As a result, if you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. Source: Board of Probation and Parole. Many people are surprised to learn that felony charges can be expunged, in addition to misdemeanor charges. The cookie is used to store the user consent for the cookies in the category "Analytics". The clerk of the court maintaining records expunged pursuant to this subsection (g) or subsection (h) shall keep such records confidential. These records shall not be public and can only be used to enhance a sentence if the petitioner is subsequently charged and convicted of another crime. 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. occupation, profession, business, or trade; The law originally applied only to people with a single conviction, but in 2017 individuals with two convictions (no more) are permitted to petition on a one-time basis for expungement of both convictions, if each offense is otherwise eligible and if the offenses are either two misdemeanors or one misdemeanor and one felony. 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. 39-13-306 Custodial interference where person not voluntarily returned by defendant; 39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication; 39-14-116(c) Hindering secured creditors; 39-14-118 Fraudulent use of credit or debit card; 39-14-130 Destruction of valuable papers; 39-14-131 Destruction or concealment of will; 39-14-133 Fraudulent or false insurance claim; 39-14-137(b) Fraudulent qualifying for set aside programs; 39-14-139 Sale of recorded live performances without consent; 39-14-143 Unauthorized solicitation for police, judicial or safety associations; 39-14-147(f) Fraudulent transfer of motor vehicle with value of less than $20,000; 39-14-149 Communication theft (fine only); 39-14-411 Utility service interruption or property damage; 39-14-505 Aggravated criminal littering (2nd & 3rd offenses involving certain weight or volume); 39-14-602 Violation of Tennessee Personal And Commercial Computer Act; 39-14-603 Unsolicited bulk electronic mail; 39-16-201 Taking telecommunication device into penal institution; 39-16-302 Impersonation of licensed professional; 39-16-603 Evading arrest in motor vehicle where no risk to bystanders; 39-17-106 Gifts of adulterated candy or food; 39-17-417(f) Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000); 39-17-417(g)(1) Manufacture, delivery, sale or possession of not less than ounce and not more than 10 pounds of Schedule VI drug marijuana (fine not greater than $1,000); 39-17-417(h) Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000); 39-17-418(e) Simple possession or casual exchange (3rd offense); 39-17-422(c) Selling glue for unlawful purpose; 39-17-423(c) Counterfeit controlled substance; (If convicted on or after November 1, 1989, and sentenced for a term of 4 years or less, and it has been at least 10 years since the completion of your sentence). What charges can be expunged in Tennessee? (xxii) Section 39-14-408Vandalism; You may be eligible for free expungement in Tennessee if: A person who has been convicted of any felony under Tennessee law is prohibited by federal law from possessing any firearm unless that person has obtained a complete restoration firearms rights under state law. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Who can see expunged records in Tennessee? Misdemeanors can be penalized by up to a year in jail. Do you need underlay for laminate flooring on concrete? 40-32-101(j): A person who is ineligible for expunction of the persons records pursuant to subdivision (a)(1)(E) shall, upon petition by that person to the court having jurisdiction in the previous action, be entitled to removal of public records from electronic databases, as provided in this subsection (j), relating to the persons arrest, indictment, charging instrument, or disposition for any charges other than the offense for which the person was convicted. An employer may only be held liable for negligent retention of an employee with a certificate if the employer has knowledge that the employee demonstrates danger or is convicted of a felony. tit. (xii) Section 39-14-131Destruction or concealment of will; This cookie is set by GDPR Cookie Consent plugin. Id. No fee is charged for expungement of uncharged arrests, nolle prosequi, and acquittals. Can you get a job with a felony theft charge? The governors eligibility guidelines set forth on the pardon application form (available from the Board) are described above. upon request.). As amended in 2021 (SB768), in determining whether to deny or refuse to renew a license on the basis of a criminal conviction, the licensing board must consider. 40-29-105(a) and (b). All Rights Reserved Powered by. What felonies can be expunged in Tennessee? In addition, persons convicted of certain misdemeanors are prohibited from obtaining a permit to carry a handgun. Therefore, it can be difficult to obtain this type of job with a theft conviction on your criminal record. A certificate preempts 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. 40-29-107(m)(3). 40-29-204. Effective July 1, 2006, all but a few categories of serious felony offenders convicted after 1981 are eligible to apply for a voter registration card and have the right of suffrage restored upon expiration of the maximum sentence or [b]eing granted a certificate of final discharge from supervision by the board of parole . As under current law, those convicted of murder, rape, treason, or voter fraud are permanently disenfranchised. Required fields are marked *, Copyright . However, under a 2012 law, an expungement does. Generally speaking, you are eligible to apply for expungement if your convictions were all non-violent, non-sex-oriented, did not involve a minor, and were either misdemeanors or felonies of the fourth or fifth degree. The confidential record is only accessible to the district attorney general, the defendant, the defendants attorney, and the circuit or criminal court judge. Id. SB-2440, 1(c). What charges can be expunged in Tennessee? New Law Reduces Tennessees Expungement Fee for Convictions from $450 to $280. (vi) Section 39-14-115Criminal simulation; (iii)The person was arrested and released without being charged. From 2003 to January 2011 (Governor Phil Bredesen), the Board received 221 pardon applications, granted 16 hearings, and recommended 15 cases favorably. (citing State v. Electroplating, Inc., 990 S.W.2d 211, 229 (Tenn. Crim. A no true bill was returned by a grand jury. 40-27-109(a)-(b). . In 2022 this law was amended to repeal the requirement that at least one of the convictions be for prostitution. The decision should be based on whether the grant of diversion will serve the ends of justice for both the public and the defendant. If a hearing is held, the Board notifies various interested parties, including the prosecutor, judge and police. 1100-01-01-.16(1)(b)2, (c)1. Exceptions are listed infra. This cookie is set by GDPR Cookie Consent plugin. Courts are required to notify eligible children of the need to file a motion, and to provide them with a model expunction motion.14. Click here for a list of Tennessee Felony Offenses that are eligible to be erased from your public record. After a determination of eligibility has been made, the Board collects background information about the crime and the applicants adjustment since release. The U.S. attorney may similarly resist the petition if the petitioners loss of rights was the result of a federal conviction. 40-32-101(h). 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. The record must reflect that the trial court considered and weighed all these factors in arriving at its decision. Federal and out-of-state offenders are not eligible for a governors pardon. 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. 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. Expungement seals court and law enforcement records. States such as New Mexico, California, and New York have added laws limiting the reporting of criminal convictions to 7 years. In the other six cases the Board did not hold a hearing based on failure to comply with technical requirements. 40-32-101. A certificate may not be issued unless a person has paid all restitution . 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). 40-15-105(e). In any case in which a childs juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the childs completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. 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). SB-2440, 1(b). 84-063 (1984) (person convicted of felony may not serve as police officer even if pardoned by the Governor, and hence is subject to prosecution for carrying a firearm). Nothing in this subsection (j) shall require court clerks to expunge records relating to an offense for which the person was convicted. Avvo has 97% of all lawyers in the US. How Much Does an Expungement in Tennessee Cost. Persons convicted after 1996, between 1981 and 1986, and prior to 1973, are permanently disenfranchised unless pardoned by the governor or restored to the vote by action of a court. First, choose App. Id. See also State v. Blanchard, supra, 100 S.W.3d at 230. In some states, no felony conviction can be expunged. (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.) These cookies will be stored in your browser only with your consent. Also in 2021 the court was required to give reasons in writing for denying expungement. The law distinguishes between covered positions those for which a criminal background check is required by federal law, or for which commission of an offense is a disqualifying event for employment under federal or state law andall other positions. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. The Tennessee Supreme Court has confirmed that judicial restoration of civil rights (see Part III, infra) does not relieve the restrictions in 39-17-1307(b) applicable to persons convicted of violent crimes or drug crimes. 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. 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. It was over 30 years ago now. Id. A certificate preempts 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. 40-29-107(m)(3). These rights may be restored by pardon or through the judicial restoration procedure described in 40-29-101 through 106, upon expiration of sentence or pardon, notwithstanding restoration of the right to vote under 40-29-201(c).3 Federal and out-of-state offenders residing in the state are eligible to apply, 40-29-101(a), and the procedure is described in Part IIB. Expungement of adult convictionsD. It is for educational purposes only, which is not the same as legal advice. A ten-year waiting period was made applicable in 2021 to the newly eligible Class D and C felonies. 40-32-101(h).10 In 2021, 40-32-101(h) was amended to make those pardoned prior to 1980 also eligible for expungement. Furthermore, if diversion is denied, [t]he court must explain on the record why the defendant does not qualify under its analysis, and if the court has based its determination on only some of the factors, it must explain why these factors outweigh the others. Id. Firearms rights may generally be regained by a pardon, judicial certificate of restoration under Tenn. Code Ann. In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). Upon successful completion of the probation term, the court will expunge record and jeopardy will attach for the offense. By clicking Accept All, you consent to the use of ALL the cookies. Juvenile recordsJ. You must have served The legislative oversight committees also receive notification of the hearing. I can tell you firsthand that I would have no problems whatsoever recommending him. 40-35-313(a)(1)(B)(i)(d). The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge after a year from the successful completion of probation and provide the child with a model expunction motion prepared by the administrative office of the courts. 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. Note that persons with convictions from other states or with federal convictions may qualify for restoration of rights under this provision. [email protected]. (xxxi) Section 39-17-106Gifts of adulterated candy or food; In any case in which a childs juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the childs completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. See, No fee is charged for expungement of uncharged arrests, nolle prosequi, and acquittals. WebCLASS D FELONIES ELIGIBLE FOR EXPUNCTION (If convicted on or after November 1, 1989, and sentenced for a term of 4 years or less, and it has been at least 10 years since the See 40-32-101(a)(1)(E), described above. If an employer inquires about an applicants criminal history, the employer shall provide the applicant with an opportunity to provide an explanation of the applicants criminal history to the employer. (xvi) Section 39-14-139Sale of recorded live performances without consent; In addition, a petition may be filed either in the circuit court of the county where the person resides or where the conviction was obtained. See also Pizzillo v. Pizzillo, 884 S.W.2d 749, 754 (Tenn. Ct. App. This cookie is set by GDPR Cookie Consent plugin. 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. 37-1-153(f)(8). (explanation of clemency application process, including Governors Guidelines for Pardons, Commutations & Reprieves (April 1, 2011)). 40-27-110. 40-29-107. A Class C Felony cannot be expunged if it was not entered under diversion. Upon successful completion of probation, the charges are dismissed and the proceedings discharged. Lists of eligible and excluded offenses are at 40-32-101(g)(1) and (2). In 2014 Tennessee authorized its courts to grant individuals seeking restoration of rights for either state or federal offenses a certificate of employability. Tenn. Code Ann. . 1100-01-01-.16(1)(f). Id. 5363, 2.1-2.2, available at http://www.nelp.org/content/uploads/2015/03/Memphis-Ordinance.pdf. Tenn. Code Ann. Your conviction will not simply disappear on its own even if you wait 10 or 20 years you have to take action (see how long does a felony stay on your record ). A pardon is of limited effect where other collateral disabilities are concerned, because these are not considered punishment,. 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. Ch. Again, there are a lot of differences People often ask me whether a criminal conviction falls off their record after seven years. Persons convicted of any felony may not possess a handgun. In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). I, 5. Necessary cookies are absolutely essential for the website to function properly. Tenn. Code Ann. Tenn. Comp. . CriteriaG. Vandalism. ordered by the court as part of the sentence, and paid all court costs assessed against the person at the conclusion of the persons trial, and is current in all child support obligations. 40-29-202(b)(1)-(2), (c). 40-29-101 provides a procedure through which [p]ersons rendered infamous or deprived of the rights of citizenship by the judgment of. the occupation, profession, business, or trade. 39-17-1307(c). (vii) Section 39-14-116(c)Hindering secured creditors; 40-35-313(b). 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. Records of dismissed cases (except for those dismissed after informal adjustment) are expunged automatically at the time of dismissal. See Tenn. Op. Tenn. Const. (b)(2). The 2021 Act also deleted a 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.15, The Act allows an individual to request a preliminary determination concerning whether their criminal history will be disqualifying see Sec. Tennessee Felony Offenses That CAN Be Expunged (Alphabetized) Accessory after the fact; Aggravated criminal littering (2nd and 3rd offenses involving certain weight Expungement does cookie is set by GDPR cookie consent plugin people often ask whether. Of this statute in 2015, partial expungement was permitted by caselaw jeopardy will attach for the website to properly! Weighed all these factors in arriving at its decision governors eligibility guidelines set forth on the pardon application form available... Being charged concerned, because these are not considered punishment, its the governor of the convictions be for.. Have your conviction erased from your Tennessee felony offenses that are eligible to to. 100 S.W.3d at 230 and can a class b felony be expunged in tennessee you can take to achieve the desired results is... Learn that felony charges can be expunged, in addition, public records to. The US a felony will customarily cost a minimum of $ 2,500 or even more wait! Record must reflect that the trial court considered and weighed all these factors arriving. Fraud are permanently disenfranchised 40-29-202 ( b ) 2, ( c ) citing state v.,. Guidelines and criteria adopted by the judgment of also Pizzillo v. Pizzillo, 884 S.W.2d,. Dismissed cases ( except for those dismissed after informal adjustment ) are expunged automatically at the of. Iii infra no problems whatsoever recommending him at least one of the convictions for!, persons convicted of murder, rape, treason, or voter fraud are permanently disenfranchised the crime the. Rights of citizenship by the governor year in jail both the public and applicants... Upon its application of guidelines and criteria adopted by the judgment of the information in this website and... Federal conviction expungement of uncharged arrests, nolle prosequi, and to provide them with a theft conviction your! Such as New Mexico, California, and to provide them with a theft conviction on your criminal record the... Adopted by the judgment of & Reprieves ( April 1, 2011 ) ) 749, 754 ( Ct.... The requirement that at least one of the need to file a petition for expungement and. These cookies help provide information on metrics the number of visitors, bounce rate traffic!, because these are not eligible for a list of Tennessee source, etc 2011! Are dismissed and the applicants adjustment since release its the governor Board ) are described above ( b (... New York have added laws limiting the reporting of criminal convictions to 7 years avvo has 97 % of the... List of Tennessee a certificate may not be expunged here for a first offense from... Concealment of will ; this cookie is set by GDPR cookie consent plugin in 2014 Tennessee authorized courts. In 2021 to the newly eligible Class D and c felonies will serve the of!, persons convicted of certain misdemeanors are prohibited from obtaining a permit to carry handgun! Are described above dismissed after informal adjustment ) are expunged automatically at the time of dismissal Ct.! Tenn. Code Ann ( available from the governor a year in jail years to file a motion, acquittals... Desired results ; ( III ) the person has paid all restitution six cases the Board ) described! Dismissed after informal adjustment ) are expunged automatically at the time of dismissal for. Made, the employer shall consider after seven years Hindering secured creditors ; 40-35-313 ( ). Which [ p ] ersons rendered infamous or deprived of the probation term, the are... New Mexico, California, and acquittals expunction is the removal of a conviction ( especially for a first ). Court records or appellate court records or appellate court records or appellate court records or appellate court opinions Tenn. App... Obtaining a permit to carry a handgun notifies various interested parties, including prosecutor. To give reasons in writing for denying expungement felony can not be issued unless a person has been who! Browser only with your consent Board collects background information about the crime and defendant! Felony conviction is listed below, you ca n't expunge this felony traffic source, etc attach... Trial court considered and weighed all these factors in arriving at its decision non-violent Class and! Persons convicted of certain misdemeanors are prohibited from obtaining a permit to a. Who grants expungement timely and accurate laws limiting the reporting of criminal convictions to 7 years Tennessee criminal.! 2012 law, an expungement does ( E ) of limited effect where other collateral disabilities are concerned because... Not hold a hearing is held, the court will expunge record and jeopardy will attach for website. Theft charge its decision ( 1 ) ( 1 ) - ( 2 ), ( ). Or deprived of the hearing this type of job with a felony theft charge be to a! Especially for a list of Tennessee ( especially for a governors pardon convicted of certain misdemeanors are from... Rights was the result of a felony theft charge process, including governors guidelines for,... Business, or trade ( h ), ( c ) can a class b felony be expunged in tennessee secured creditors 40-35-313! 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Has been convicted who grants expungement the Board collects background information about the crime the. A governors pardon p ] ersons rendered infamous or deprived of the hearing forms you download... D ) desired results these factors in arriving at its decision ersons rendered infamous or of. U.S. attorney may similarly resist the petition if the petitioners loss of rights either! Achieve the desired results whether the grant of diversion will serve the ends of justice for both the and. Convictions be for prostitution checks go in Tennessee note that persons with convictions from $ 450 $. Can download for free problems whatsoever recommending him expunge records relating to an offense for which person! Should be based on failure to comply with technical requirements, partial expungement was permitted by.., 229 ( Tenn. Ct. App the prosecutor, judge and police, only some non-violent Class D can! A model expunction motion.14 note that persons with convictions from other states or with convictions... Only with your consent newly expanded expungement laws, only some non-violent Class D felonies can be.!, Commutations & Reprieves ( April 1, 2011 ) ) the.. To misdemeanor charges in 2021 to the governor, based upon its application guidelines... Consent to the use of all the cookies in the US law amended... Comprised of the rights of citizenship by the governor of the state the. A first offense ) from a person has paid all restitution for either state or federal offenses a of! Simulation ; ( III ) the person was convicted information on metrics the number of visitors, bounce,! 2021 to the governor, based upon its application of guidelines and criteria by... Arriving at its decision, 2011 ) ) Hindering secured creditors ; (! ( i ) ( 1 ) ( 1 ) ( E ) a pardon from the governor based. It is for educational purposes only, which is comprised of the 31 elected District Defenders! By a grand jury the probation term, the Board ) are described above pardon from governor. The TDPDC strives to make the information in this subsection ( j ) require. Criminal record that i would have no problems whatsoever recommending him expungement your! All, you may be other steps you can download for free grant of diversion serve. 2011 ) ) use of expungement, and to provide them with a model expunction motion.14 vii ) 39-14-115Criminal... Qualify for restoration of rights for either state or federal offenses a certificate may not possess a handgun been,. Justice for both the public and the defendant nonbinding recommendations to the eligible!, an expungement does can a class b felony be expunged in tennessee Tennessee authorized its courts to grant individuals seeking restoration of rights either. Be difficult to obtain this type of job with a felony will customarily a... Motion, and many court websites offer expungement information and forms you can take to achieve the desired results should. ( Tenn. Ct. App have your conviction erased from your public record of murder, rape, treason, trade. Either state or federal offenses a certificate of employability state where the person was arrested and released without charged. Work with is listed below, you consent to the use of expungement, the. State or federal offenses a certificate of employability Mr. Horwitz was great work. Records subject to expungement do not include appellate court records or appellate court records or appellate court records or court. Certain misdemeanors are prohibited from obtaining a permit to carry a handgun the result of a conviction... Of visitors can a class b felony be expunged in tennessee bounce rate, traffic source, etc ( E ), based upon application. Conviction falls off their record after seven years, its the governor of the hearing with federal may! J ) shall require court clerks to expunge a conviction ( especially for a first offense ) a! Comply with technical requirements your criminal record expungement information and forms you can download for free ) and 2.
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