Can 1974 conviction for sale of marijuana be expunged? Criminal Records, Expungement

knoxvol · Aug 3, 2020

Hello Sirs;

Is the conviction shown on the disposition (image attached) eligible for expungement?

Thank you in advance.

army judge · Aug 3, 2020

knoxvol said: ↑

Is the conviction shown on the disposition (image attached) eligible for expungement?
Click to expand...

What benefit do you believe the expungement will serve in your life?

Don't confuse expungements with pardons.

I think your answers are on these three websites, good luck.

Tennesee Expungement Law | Tennessee Expungement Attorney | Expungement Attorneys Knoxville FL

Tennessee Expungement Law Eligibility | Tennessee Expungement Lawyer | Expungement Attorneys Knoxville FL

Tennessee Felony Expungement Attorney | Expunging Felony Tennessee | Felony Expungement Lawyers Knoxville FL

Tennessee Misdemeanor Expungement Attorney | Expunging Misdemeanors Tennessee | Misdemeanor Expungement Lawyers Knoxville FL

knoxvol · Aug 5, 2020

army judge;

Thanks for responding.

The conviction in the attached disposition document was for the sale of marijuana. The conviction occurred March 29th, 1974. Marijuana was a Schedule I controlled substance at that time.

The way I read the T.C.A. the sale of a schedule I controlled substance is not eligible for expungement.

Tenn. Code Ann. § 40-32-101 (g) (c) (iv) (g) Did not involve the sale or distribution of a Schedule I, II, III, or IV controlled substance;

Question 1: Would the expungement judge be required to stick to the letter of the law or would there be possible flexibility?

The DA makes a recommendation.

Question 2). Would the DA require strict adherence to the above T.C.A. or would there be possible flexibility?

Thanks.

Zigner · Aug 5, 2020

You should speak to a local attorney who specializes in these matters.

army judge · Aug 5, 2020

knoxvol said: ↑

Question 1: Would the expungement judge be required to stick to the letter of the law or would there be possible flexibility?
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If one reads the statute carefully, it seems NOT to allow any departure from it's wording.
I would concur with your assessment of the law.
However, it couldn't hurt to ask a lawyer in your county to see whether judges in your county use discretion in such rulings.

Normally such conversations are offered free of charge or obligation, and many law firms allow one to pose such questions using various chat mechanisms on their websites.

knoxvol said: ↑

Question 2). Would the DA require strict adherence to the above T.C.A. or would there be possible flexibility?
Click to expand...

I can't speak for your county DA, however, why not pose the question to your local DA?
You might try phoning her/him, or sending written correspondence.

Another good source is your elected state attorney general, where such questions might be allowed via her/his website, written correspondence, or a simple telephone call.

Good luck.

adjusterjack · Oct 19, 2020

knoxvol, I deleted the disposition document per your request.

knoxvol · Oct 19, 2020

adjusterjack said: ↑

knoxvol, I deleted the disposition document per your request.
Click to expand...

Thank you.

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Can 1974 conviction for sale of marijuana be expunged? Criminal Records, Expungement

knoxvol Law Topic Starter New Member

Attached Files:

expungement form.pdf

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