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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Notwithstanding another law to the contrary, an order of expunction granted pursuant to this chapter entitles the petitioner to have all public records of the expunged conviction destroyed in the manner set forth in this chapter.
(b) An expunction has the legal effect of restoring the petitioner, in contemplation of the law, to the same status occupied before the arrest, indictment, information, trial, and conviction. Once the expunction order is granted, the person must not suffer any adverse effects, or direct or indirect collateral disabilities or consequences, by virtue of the criminal offense that was expunged. Expunction means, in contemplation of law, the conviction for the expunged offense never occurred.
(c) A person with respect to whom an order of expunction has been granted is not guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction in response to any inquiry made of the person for any purpose.
(d) Notwithstanding § 39-17-1307(b)(1)(B) and (c), a person who is granted expunction pursuant to this chapter, and who is otherwise eligible under state or federal law to possess a firearm, is eligible to purchase a firearm pursuant to § 39-17-1316 and apply for and be granted a handgun carry permit pursuant to § 39-17-1351.
(e) A person seeking expunction pursuant to this chapter is entitled to a copy of the order of expunction, and such copy is sufficient proof that the person named in the order is no longer under any disability, disqualification, or other adverse consequence resulting from the expunged records.
Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-32-110 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-110/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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