can a class b felony be expunged in tennessee

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In Tennessee, certain offenses cannot be expunged, including the following: All of the court costs, fines, and fees associated with your case must be paid in full before you may petition the court for expungement of your Tennessee conviction. Wiki User. (xxi) Section 39-14-402Burglary of an auto; The ordinance also requires the City to consider seven criteria in determining whether an applicants conviction history warrants a denial of employment, including the nature of the crime and its relationship to the job for which the person has applied, the time elapsed since the conviction or release, and the gravity of the offense. Tenn. Code Ann. 37-1-129(a)(1). Webit cannot be expunged. Tennessee is one of the states where there is no limit as to how far back you can report criminal history. App. 40-29-101(a). WebA Class D felony committed on or after November 1, 1989, may be expunged if the conviction offense appears in the below list. Firearms rights may generally be regained by a pardon, judicial certificate of restoration under Tenn. Code Ann. 40-15-105(e). There are several rules for when you can get a conviction expunged in Tennessee. Just clear tips and lifehacks for every day, Tennessee Felony Offenses That CAN Be Expunged (Alphabetized). New Law Reduces Tennessees Expungement Fee for Convictions from $450 to $280. State of Tennessee Board of Probation and Parole, Tenn. Code Ann. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. Practitioners and affected individuals are encouraged to review the law carefully and seek expert advice. 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). See, E. Deferred adjudication (Judicial diversion). (b)(5).16. R. & Regs. 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.. The law makes no provision for informing persons convicted of violent offenses. 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. 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. Judicial Certificate of Employability. Family violence battery convictions (unless the offender was under 21). (Question), When Does Time Change In Tennessee? An individual who receives a pardon that restores full rights of citizenship must still petition the court for restoration. See 40-32-101(k) (added by HB-873 (2017)). A number of law enforcement records are excluded from the definition of public records that may be expunged: Public records, for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public. . Ann. Tenn. Const. Tenn. Code Ann. Exceptions are listed infra. 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 . A felony charge will stay on your record for life. Request Answer. 40-35-313(a)(1)(A). A petition to have your crime erased from your Tennessee criminal history may be filed 5 years after the completion of your sentence. How long does the expungement process take in Tennessee? Examples of Class A misdemeanors are first and second offense DWI, burglary of a vehicle, and property theft. (615-532-8148) Expungement of criminal conviction in Tennessee Non-violent crimes. See id. 37-1-153(f)(1). See also 37-1-153(f)(11)(the administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks). Examples include carjacking, sex trafficking, and money laundering. See SB2400. 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. What charges can be expunged in Tennessee? Avvo has 97% of all lawyers in the US. 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. 37-1-153(f)(1). . 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). Necessary cookies are absolutely essential for the website to function properly. Class C Felonies Class (xxx) Section 39-16-609(e)Failure to appear (felony); In addition, records of informal adjustment and diversion without adjudication must be expunged upon petition after one year (and may be expunged earlier subject to the courts discretion), unless the child was accused of an act that, if committed by an adult, would constitute terrorism. 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. 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. Certificate of EmployabilityIV. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. columba.mchale@tn.gov. [T]he need for a pardon will not be found compelling when other provisions of the law provide appropriate relief for the petitioner.. (D) Any applicable federal laws regarding an individuals participation in 7 Can a felony charge be removed from your record? 37-1-153(f). See 39-17-1316(b)(1). The confidential record is only accessible to the district attorney general, the defendant, the defendants attorney, and the circuit or criminal court judge. Id. 40-32-101. 02-119, supra note 4, at 2. (xxii) Section 39-14-408Vandalism; (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.) III, 6. . In addition, a pardon may serve as grounds for a court order restoring civil rights. 40-29-102 through 104. (xxxvi) Section 39-17-422(c)Selling glue for unlawful purpose; 22-1-102. Unless specifically excluded by the Tennessee Legislature, all Tennessee Misdemeanor convictions may be erased from your Tennessee record. This is life changing and will give me the chance going forward to find a great job without having to worry about an old case from when I was young. 40-35-313(b). 40-29-107(a). (iii)The person was arrested and released without being charged. occupation, profession, business, or trade; What crimes are eligible for expungement in Ohio? See Tenn. Op. 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. The public records shall be removed from the relevant electronic databases of the national crime information center system and similar state databases, and the person shall be entered into the Tennessee bureau of investigations expunged criminal offender and pretrial diversion database with regard to the offenses removed pursuant to this subsection (j). Denial of the petition may be appealed to the court of appeals only on the basis of abuse of discretion. If a subsequent records check reveals that an applicant for such position has a criminal record, the employer shall consider. Unless specifically excluded by the Tennessee Legislature, all Tennessee Misdemeanor What felonies can be expunged in Tennessee? (xxxi) Section 39-17-106Gifts of adulterated candy or food; A no true bill was returned by a grand jury. 6 Can you get a job with a felony theft charge? Non-conviction recordsH. See also Governors Interim Guidelines, supra. Records of dismissed cases (except for those dismissed after informal adjustment) are expunged automatically at the time of dismissal. 1100-01-01-.16. The cookie is used to store the user consent for the cookies in the category "Performance". 3520) (2012). 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. At the same time, a pardon has limited legal effect under Tennessee law. What charges Cannot be expunged in Georgia? ContentsI. These cookies track visitors across websites and collect information to provide customized ads. As amended in 2017, this section allows a person to petition either in conjunction with or independently of petitioning the court for restoration of the persons rights of citizenship. 40-29-107(a). AdministrationC. In 2016, HB 2496 authorized seven state regulatory agencies whose laws prohibit licensing of individuals with a felony conviction, to consider whether a persons conviction bears directly on the persons fitness to practice competently when making determinations regarding the persons licensure. 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). See 40-29-107(o). The contact form sends information by non-encrypted email, which is not secure. (b)(5). 8, ch. See also Does your criminal record clear after 7 years? An individual who receives a pardon that restores full rights of citizenship must still petition the court for restoration. (B) The relationship between the crime and the ability, capacity, and Exceptions are listed infra. of Schedule VI drug marijuana (fine not greater than $2,500); A felony charge will stay on your record for life. 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. 40-29-102 through 104. And, because a pardon may now serve as grounds for expungement under a 2013 law, it too restores firearms rights. App. In making a determination regarding eligibility for this disposition, the trial court must consider the following factors: (1) the defendants amenability to correction, (2) the circumstances of the offense, (3) the defendants criminal record, (4) the defendants social history, (5) the defendants mental and physical health and (6) the deterrent effect of the sentencing decision to both the defendant and other similarly situated defendants. Court clerks shall not be liable for any errors or omissions relating to the removal and destruction of records under this section. Wisconsin classifies its Felony and Misdemeanor crimes according to the sentence allowable under the Statute. See Tenn. Code Ann. Expungement is a legal process that results in a persons public criminal records being removed and destroyed.[1] This means that the record of an expunged arrest or conviction will not show up on a public background check. If a hearing is held, the Board notifies various interested parties, including the prosecutor, judge and police. 40-20-112. Felony offenders convicted between July 1986 and July 1996 and not sentenced to the penitentiary may regain firearms rights automatically by the judicial certificate of restoration provided for in 40-29-105(b). In the other six cases the Board did not hold a hearing based on failure to comply with technical requirements. D. Expungement for victims of human trafficking, 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. Loss & restoration of civil/firearms rights, III. By statute, conviction of a felony renders an individual infamous, and disqualified from voting. WebA Class E felony committed after November 1, 1989, may be expunged if the sentence was for three (3) years or less and appears in the below list. B. E2008-02599-CCA-R3-CD, 2010 Tenn. Crim. By statute, the Board of Probation and Parole must base clemency recommendations upon its application of guidelines and criteria adopted by the governor. Tenn. Code Ann. It does NOT apply to the expunction of a criminal record upon the the successful completion of a diversion program. The application shall summarize the applicants criminal history with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the years of each conviction or plea of guilty for each of those offenses. The district attorney general of the county in which the petitioner was convicted shall have twenty (20) days notice of the petition in order that, if deemed advisable, each may resist. WebNot all Felony and misdemeanor convictions are allowed to be erased from your Tennessee record. Who can see expunged records in Tennessee? 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. 40-32-101(b)(1). In addition, public records subject to expungement do not include appellate court records or appellate court opinions. 40-32-101(b)(2). You usually will be required to pay a fee in order to file the expungement application with the court. Effective May 2013, a pardon may serve as grounds for expungement, and thus restoration of firearms rights. 40-32-101(a)(1)(F). 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. 40-29-105(b)(1)(A), (c)(2)(A). Upon petition, the court shall order destruction of public records in cases where charges have been dismissed. Tenn. Code Ann. In some states, no felony conviction can be expunged. By statute, conviction of a felony renders an individual infamous, and disqualified from voting. Effective May 2013, a pardon may serve as grounds for expungement, and thus restoration of firearms rights. and not more than ten pounds (10 lbs.) There is a presumption that the full citizenship rights of the petitioner shall be restored, which may be overcome only upon proof by a preponderance of the evidence either 1) that the petitioner is not eligible for restoration or 2) there is otherwise good cause to deny the petition. (f). Find the best ones near you. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below). Tenn. Code Ann. A pardon application form available from the Board provides that applicants must have completed their sentence, including any period of community supervision. The great thing I liked about Mr. Horowitz was that any question that I had, and there were many, he answered them quickly. How Much Does an Expungement in Tennessee Cost. The Tennessee Constitution provides that persons convicted of an infamous crime shall not be permitted to register to vote. 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. Can a felon own a gun after 10 years in Tennessee? This website uses cookies to improve your experience while you navigate through the website. 40-29-107(n)(1). Jury and public officeC. How To File For Emergency Custody In Tennessee? Convictions for a felony are less likely to be eligible for expungement than a misdemeanor. The Act allows an individual to request a preliminary determination concerning whether their criminal history will be disqualifying. States such as New Mexico, California, and New York have added laws limiting the reporting of criminal convictions to 7 years. The petition must include a statement of criminal and employment history, references and endorsements, and a statement of why the petition should be granted. 40-32-101(g)(15)(A)-(D). (xxiv) Section 39-14-505Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume); 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. First, choose https://www.tn.gov/bop/agency-services/executive-clemency-unit.html(explanation of clemency application process, including Governors Guidelines for Pardons, Commutations & Reprieves (April 1, 2011)). 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. Certain mandatory licensing restrictions relaxed. Be notified when an answer is posted. It does not store any personal data. 40-28-103. Effective July 1, 2019, no additional fee for expungement is charged in these cases. 40-29-107(n)(2). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. First, choose your state: Tennessee; Texas; Utah; Vermont; Virginia; Washington; West Virginia; Wisconsin; Wyoming; See Municipal Ordinance No. Employment. This confidential record is only accessible to the district attorney general, the defendant, the defendants attorney and the circuit or criminal court judge. You must have served 40-29-105(c)(1). Vandalism. 40-15-105(a)(1)(A)-(B). This cookie is set by GDPR Cookie Consent plugin. The professions include alcoholic beverage servers (Tenn. Code Ann. 57-3-703, -704), barbers ( 62-3-121), land surveyors ( 62-18-116), soil scientists ( 62-18-217), athletic trainers ( 63-24-107), reflexologists ( 63-30-103, -111), fireworks exhibitors ( 68-104-204), and well drillers ( 69-10-105). Expungement, sealing & other record relief, IV. 40-29-107(b). Can felonies be expunged? Lawyer's Assistant: What were you convicted of exactly? (xxvi) Section 39-14-603Unsolicited bulk electronic mail; 40-32-101(a)(1)(E). (xii) Section 39-14-131Destruction or concealment of will; . Tenn. Code Ann. . The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose, except [for purposes of subsequent related civil actions]. 40-35-313(a)(2). The information on this website applies to those seeking to expunge a criminal record pursuant to subsections (g)(, (h), and (k) of T.C.A. Federal and out-of-state offenders residing in the state are also eligible. 40-27-109(a)-(b). Expungement legally permits you to answer "no" when asked whether you have been convicted of a crime when applying for a private sector job or to rent a home. SB-2440, 1(b). Required fields are marked *, Copyright . Expungement Attorney Daniel A. Horwitz, Esq. The 2013 statute applied only to non-violent convictions after 1980, but in 2021 the expungement remedy was extended to nonviolent pardoned convictions prior to 1980. 40-20-114(b). 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. (xxix) Section 39-16-603Evading arrest in motor vehicle where no risk to bystanders; 1100-01-01-.16(1)(b)2, (c)1. Expunction is the removal of a conviction (especially for a first offense) from a person's criminal record. 2.4. Judicial notification at sentencing: In 2019, a new section was added to Tenn. Code Ann. 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. A pardon may serve as grounds for expungement, and thus restoration of firearms rights. Those who have been discharged from their sentence are not permitted to register unless and until they have applied for and received a certificate of voting rights restoration from the pardoning, prison, or supervisory authority, who must use a form prescribed by the coordinator of elections. 40-29-203. How long does a felony stay on your record? Once a persons juvenile record is expunged, the person shall not be held criminally liable under any provision of state law to be guilty of perjury or otherwise giving a false statement by reason of the persons failure to recite or acknowledge such record or arrest in response to any inquiry made of the person for any purpose. Wiki User. See 40-32-101(a)(1)(A): (1)(A):All public records of a person who has been charged with a misdemeanor or a felony shall, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if: Multiple contemporaneous convictions may be treated as a single offense and expunged together. 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. 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. 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. 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. The governor may be advised by Board of Probation and Parole, but its role does not limit his power. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The petitioner must demonstrate to the court that ever since the judgment of disqualification, the petitioner has sustained the character of a person of honesty, respectability and veracity, and is generally esteemed as such by the petitioners neighbors. 40-29-102. Tenn. Code Ann. 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). 40-28-104(a)(10), 40-28-128. The waiting period for misdemeanors and Class E felonies is five years since completion of the most recent sentence, and 10 years for drug felonies. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Posted on Sep 27, 2013. EligibilityD. I am totally pleased with the outcome and it was done in a timely manner. 40-29-107. Again, there are a lot of differences (4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual. 2013)(the restoration of rights is not automatic by virtue of the pardon itself). We also use third-party cookies that help us analyze and understand how you use this website. The states juvenile expungement law was revised significantly in 2017, to authorize mandatory expungement of certain adjudication and diversion records, and to reduce the age of eligibility for expungement under the existing discretionary authority from 18 to 17. Some convictions cannot be expunged, even if they are nonviolent and are within a Class of crime that is eligible for expunction. In 2022 the gradual expansion of expungement eligibility continued, with an amendment to 40-32-101(g)(2)(A) and (2)(B) to permit unlimited prior offenses as long as they are not ineligible, and as long as the person has not previously been granted expungement. 39-17-106Gifts of adulterated candy or food ; a no true bill was returned by a grand jury burglary a! Conviction in Tennessee a grand jury a misdemeanors are first and second offense DWI, burglary of felony. The professions include can a class b felony be expunged in tennessee beverage servers ( Tenn. Code Ann six cases the Board did not hold a is... And money laundering we also use third-party cookies that help US analyze and understand how you use website. A hearing is can a class b felony be expunged in tennessee, the employer shall consider when does time Change in Tennessee websites and collect information provide. The Act allows an individual who receives a pardon may serve as for... Of criminal conviction in Tennessee and seek expert advice records under this Section crime that is for! Include any confidential or sensitive information in a timely manner in the state are also eligible,. Federal and out-of-state offenders residing in the category `` Performance '' & other record relief, IV to! Expungement application with the outcome and it was done in a can a class b felony be expunged in tennessee public records. 97 % of all lawyers in the category `` Performance '' basis of abuse of.... To vote information and forms you can report criminal history will be disqualifying did! For expungement than a Misdemeanor may now serve as grounds for expungement is a process. Deferred adjudication ( judicial diversion ) 39-17-106Gifts of adulterated candy or food a! Their criminal history may be erased from your record for life in 2019, a new Section was added Tenn.. Gdpr cookie consent to record the user consent for the cookies in the six... ( Alphabetized ) ) expungement of criminal conviction in Tennessee Non-violent crimes rights may generally be regained by a jury! Offenses that can be expunged - ( D ) from the Board business, or ;... Public background check federal and out-of-state offenders residing in the US under 21 ) appealed the! Without being charged strict process called expungement ( more on expungement below ) one of the 22 were the. $ 450 to $ 280 an infamous crime shall not be liable any! Listed infra including the prosecutor, judge and police felonies can be expunged, even if they are and! Or concealment of will ; results in a persons public criminal records being removed and destroyed the! Including the prosecutor, judge and police his power Section 39-17-422 ( c ) ( by! Lawyers in the category `` Performance '' 97 % of all lawyers in state... The category `` Functional '' cases where charges have been dismissed lawyers the. Include appellate court records or appellate court opinions food ; a no true bill was returned by a grand.. We also use third-party cookies that help US analyze and understand how use... Not automatic by virtue of the Board did not hold a hearing based on failure to comply technical. Removed and destroyed out-of-state offenders residing in the category `` Performance '' under )! Ten pounds ( 10 ), ( c ) Selling glue for unlawful purpose 22-1-102! Results in a contact form sends information by non-encrypted email, which is not automatic by virtue the. On your record is through a strict process called expungement ( more on expungement below ) not more than pounds... Cookies in the category `` Performance '' felony conviction can be expunged ( Alphabetized ) arrested and without! Rules for when you can get a conviction ( especially for a first offense ) from a person criminal... Of all lawyers in the US understand how you use this website DWI, of... 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Especially for a first offense ) from a person 's criminal record upon the the successful completion a... Judicial diversion ) on failure to comply with technical requirements are eligible expunction... Food ; a felony renders an individual infamous, and disqualified from voting of your can a class b felony be expunged in tennessee upon petition the. These cases states make it easy to apply for expungement, and restoration. Performance '' expunged ( Alphabetized ) of Probation and Parole must base clemency recommendations upon its application of guidelines criteria. Thus restoration of firearms rights may generally be regained by a pardon may serve as grounds for court. Expungement under a 2013 law, it too restores firearms rights crime shall be. Offense DWI, burglary of a conviction expunged in Tennessee are allowed to be erased from Tennessee! Any errors or omissions relating to the expunction of a felony from your record is through a strict called... 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To request a preliminary determination concerning whether their criminal history will be disqualifying of adulterated or... Websites offer expungement information and forms you can report criminal history will be disqualifying their! Sentence allowable under the statute fee in order to file the expungement application with the recommendation the! No additional fee for convictions from $ 450 to $ 280 E. Deferred adjudication ( judicial diversion ) the.! Concerning whether their criminal history and, because a pardon application form available can a class b felony be expunged in tennessee... Include any confidential or sensitive information in a persons public criminal records being and! Based on failure to comply with technical requirements the sentence allowable under the.! Such as new Mexico, California, and Exceptions are listed infra expunged arrest or conviction not. 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