Posted on January 29, 2019 in Criminal Law
One of the more common questions from clients is when do I get this criminal charge off of my record? Well, the simple answer is that criminal records are not like credit reports. If you plead guilty to a charge or were convicted, then it stays on your record. One deviation from this rule is pre-trial diversion. Pre-trial diversion is offered in many cases where you commit a lower misdemeanor, and it is your first criminal offense. Generally speaking, you get a suspended 11 month and 29 day sentence. This means that if you commit no other criminal offenses during this period, you can then apply to have your record expunged. Dismissals stay on your record, but expungements do not. I have found no clear rule yet; however, it is my general understanding that in Tennessee, offenses are not stacked together if they are very old, say over seven years, for example. This can vary. However, bear in mind, that even very old criminal records can be seen by both the police departments and the district attorneys. So, even if they do not count, they are considered. A Tennessee misdemeanor carries the following maximum terms and fines: Class A misdemeanors: Not more than 11 months, 29 days in prison and up to $2,500 fine. Class B misdemeanors: Not more than six months in jail and up to $500 fine. Class C misdemeanors: Not more than 30 days in jail and up to $50 fine.