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

Discussion in 'Criminal Records, Expungement' started by knoxvol, Aug 3, 2020.

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  1. knoxvol

    knoxvol Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    Hello Sirs;

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

    Thank you in advance.
     

    Attached Files:

  2. army judge

    army judge Super Moderator

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    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
     
  3. knoxvol

    knoxvol Law Topic Starter New Member

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    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.
     
  4. Zigner

    Zigner Well-Known Member

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

    army judge Super Moderator

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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.

    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.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    knoxvol, I deleted the disposition document per your request.
     
    knoxvol likes this.
  7. knoxvol

    knoxvol Law Topic Starter New Member

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    Thank you.
     

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