Nashville Misdemeanor Attorney

Is There a Statute of Limitations on Misdemeanors in Tennessee?

One important thing to keep in mind when it comes to criminal charges is the statute of limitations, which is the period of time during which the prosecution must bring forward the case and usually begins from the date the crime occurs. Under Tenn. Code Ann. § 40-2-102, most misdemeanors have a 1-year statute of limitations. After the 1-year period, the court will be unlikely to hear the case.

Tennessee Misdemeanor Classifications

Misdemeanors can be charged as Class A (most serious misdemeanors) to Class C (least serious misdemeanors). Below are some examples of class A, B, and C misdemeanors and their associated penalties in Tennessee. 

Class A Misdemeanors Examples

Class A misdemeanors are punishable by up to 11 months and 29 days in jail and/or a fine of up to $2,500. Generally, if a certain offense does not have a specific misdemeanor level, it will be charged as a Class A misdemeanor. Some examples of Class A misdemeanors include:

• simple possession of marijuana;
• simple assault (including domestic);
• driving under the influence.

Class B Misdemeanors Examples

Class B misdemeanors are punishable by up to 6 months in jail and/or a fine of up to $500. Examples of Class B misdemeanors are:

• aggravated criminal trespass;
• reckless driving.

Class C Misdemeanors Examples

Lastly, Class C misdemeanors are punishable by a maximum of 30 days in jail and/or up to $50 in fines. Instances of Class C misdemeanors could be:

• public intoxication;
• speeding;
• various petty offenses.

How Long Does a Misdemeanor Stay on Your Record in Tennessee?

In the state of Tennessee, most misdemeanors will stay on your record permanently unless they are eligible for expungement. Meaning that they will still show up on background checks and may affect your ability to get a job, housing, or certain licenses. Certain misdemeanors, however, may be eligible for the expungement process, which will dismiss the conviction from your record. In general, the waiting period in Tennessee for expunging misdemeanor convictions is usually five years from the completion of your sentence, including any probation or community service. 

What Misdemeanors Cannot Be Expunged in Tennessee?

Certain individuals may be eligible to expunge their criminal record, which essentially erases the misdemeanor conviction from their record in the public eye. However, the following misdemeanors may NOT be expunged (see the full list here): 

• domestic assault;
• violation of a protective or restraining order;
• certain drug possession and distribution crimes;
• public indecency;
• driving under the influence of an intoxicant;
• most sex offenses.

An experienced attorney can better clarify Tennessee’s expungement process and help you determine your eligibility for expungement.

Contact Our Misdemeanor Lawyer in Nashville Today

If you have been charged with a misdemeanor in Davidson County, contact Nashville misdemeanor Attorney Amanda J. Gentry and the team for legal support in your defense. Luckily, misdemeanors carry relatively lighter penalties compared to felonies, and a compelling defense could potentially reduce your charges. Attorney Gentry can take a look at the facts of  your situation and help you strategize your misdemeanor defense today. 

Contact the Law Offices of Amanda J. Gentry today to get started on your defense with our Nashville misdemeanor attorney.