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INCLUDED CHARGES
Inclusion List

A Class E felony committed on or after November 1, 1989, may be expunged if it appears in the list below.  If the conviction is for a Class E felony committed after November 1, 1989, and is not on this list, it cannot be expunged. At the time of filing of the petition for expungement at least five (5) years must have elapsed since the completion of the sentence imposed for a Class E felony or a misdemeanor.

39-11-411 Accessory after the fact;

39-13-306 Custodial interference where person not voluntarily returned by defendant;

39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication;

39-14-103 & 39-14-105(a)(2) Theft  of property

39-14-114(c) Forgery (up to $1,000);

39-14-115 Criminal simulation (up to $1,000);

39-14-116(c) Hindering secured creditors;

39-14-117(b) Fraud in insolvency;

39- 14-118 Fraudulent use of credit card or debit card ($501-$999);

39-14-121 Worthless checks ($501)-$999);

39- 14-130 Destruction of valuable papers ($501-$999);

39-14- 131 Destruction or concealment of will;

39-14-133 Fraudulent or false insurance claim ($50)-$999);

39-14-137(b) Fraudulent qualifying for set aside programs ($501-$999);

39-14-138 Theft of trade secrets ($501-$999);

39-14-139 Sale of recorded live performances without consent ($501-$999);

39-14-143 Unauthorized solicitation for police, judicial or safety associations;

39-14-147(1) Fraudulent transfer of motor vehicle with value of less than $20,000;

39-14-149 Communication theft ($501-$999) (fine only);

39-14-153 False information in applying for housing project accommodations;

39-14-402 Burglary of an auto;

39-14-408 Vandalism ($501-$999);

39-14-411 Utility service interruption or property damage;

39-14-505 Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume);

39- 14-602 Violation of Tennessee Personal and Commercial Computer Act ($501-$999);

39-14-603 Unsolicited/bulk electronic mail ($500- $999);

39-16-201 Taking telecommunication device into penal institution;

39-16-302 Impersonation of licensed professional;

39-16-603 Evading arrest in motor vehicle where no risk to bystanders;

39-16-609(e) Failure to appear (felony);

39-17-106 Gifts of adulterated candy or food;

39-17-417(f) Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000);

39-17-417(g)( I) Manufacture, delivery, sale or possession of not less than 1/2 ounce and not more than 10 pounds of Schedule VI; drug marijuana (fine not greater than $1,000);

39-17-417(h) Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000);

39- 17-418(e) Simple possession or casual exchange (3rd offense);

39-17-422(c) Selling glue for unlawful purpose;

39-17-423(c) Counterfeit controlled substance;

39- 17-425(b)( I), (2), (3) Unlawful drug paraphernalia uses and activities;

A Class D felony committed on or after November 1, 1989, may be expunged if it appears in the list below. If the conviction is for a Class D felony committed after November 1, 1989, and is not on this list, it cannot be expunged. At the time of the filing of the petition for expungement at least ten (10) years must have elapsed since the completion of the sentence for a Class D felony.

 

39-14-103 & 39-14-105(a)(3) Theft of property

39-14-112 Extortion;

39-14-114 Forgery (punishable as theft but cannot be less than Class E felony);

39-14-115 Criminal simulation (punishable as theft but cannot be less than Class E felony);

39-14-118 Illegal possession or fraudulent use of credit/debit card ( punishable as theft based on value);

39-14-121 Worthless checks (punishable as theft based on value obtained);

39-14-130 Destruction of valuable papers (punishable on ascertained value as theft offense);

39-14-133 False or fraudulent insurance claims;

39-14-137 (b)  Fraudulent qualifying for set-aside programs;

39-14-138 Theft of trade secrets;

39-14-139 Sale of recorded live performances without consent;

39-14-147 Fraudulent transfer of motor vehicle valued at twenty thousand dollars ($20,000 or more);

39-14-149 Communication theft;

39-14-150(b) Identity theft;

39-14-152 Use of counterfeit mark or logo;

39-14-154 Home improvement fraud;

39-14-402 Burglary-other than habitation or automobile;

39-14-408 Vandalism;

39-14-602(a)-(c) Violation of Tennessee Personal and Commercial Computer Act;

39-14-603 Unsolicited bulk electronic mail;

39-16-502(a)(1) or (a)(2) False report to law enforcement not involving bomb, fire, or emergency;

39-17-417(d) Manufacture, deliver, sale, or possession of Schedule III drug (fine not greater than fifty thousand dollars ($50,000);

39-17-417(e) Manufacture, deliver, sale, or possession of Schedule IV drug (fine not greater than fifty thousand dollars ($50,000;

39-17-417(g)(2) Manufacture, deliver, sale, or possession of  Schedule VI drugs (fine not greater than Fifty thousand dollars ($50,000);

39-17-430 Prescribing or selling steroid for unlawful purpose;

39-17-433 Promoting manufacture of methamphetamine;

39-17-438 Produce, manufacture, delivery, sale, or possession of hallucinogenic plant salvia divinorum, or the synthetic cannabinoids (first violation);

39-17-454(c) Manufacture, deliver, dispense, sell, or possess with intent to manufacture, deliver, dispense, or sell a controlled substance analogue (first violation;)

39-17-607(a) Making counterfeit or altering lottery ticket (fine not greater than fifty thousand dollars ($50,000);

39-17-608   Making material false statement on lottery application or record;

39-17-654(c) Unauthorized person conducting charitable gaming event;

53-11-402(a)(3) Drug fraud;

A Class C felony committed on or after November 1, 1989, may be expunged if it appears in the below list. If the conviction is for a Class C felony committed after November 1, 1989, and it is not on this list it  cannot be expunged. At the time of the filing of the petition for expungement at least ten (10) years must have elapsed since the completion of the sentence imposed for a Class C felony.

 

39-14-103 & 39-14-105(a)(4)Theft of property;

39-14-104 Theft of services;

39-14-114 Forgery;

39-14-115 Criminal simulation;

39-14-118 Illegal possession or fraudulent use of a credit card or debit card;

39-14-121 Worthless checks;

39-14-130 Destruction of valuable papers;

39-14-133 Fraudulent or false insurance claims;

39-14-137(b) Fraudulent qualifying for set-aside programs;

39-14-138 Theft of trade secrets;

39-14-139 Sale of recorded live performances without consent;

39-14-149 Communication theft;

39-14-150(c) Identity theft trafficking;

39-14-152 Use of a counterfeit mark or logo;

39-14-154 Home improvement fraud;

39-14-408 Vandalism;

39-14-602(b)(5) Violation of Tennessee  Personal Commercial Computer Act;

39-14-603 Unsolicited bulk electronic mail;

39-14-804 Theft of animal or damage to an animal facility;

39-17-417(c) Manufacture, deliver, sale, or possession of Schedule II drug, including cocaine or Methamphetamine in an amount less than point five (0.5) grams (fine not greater than one hundred thousand dollars ($100,000);

39-17-417(e) Manufacture, deliver, sale, or possession of flunitrazepam (fine not greater than one hundred thousand dollars ($100,000);

39-17-417(g)(3) Manufacture, deliver, sale, or possession of Schedule VI controlled substance (fine not greater than one hundred thousand dollars ($100,000);

39-17-438 Production, manufacture, delivery, sale or possession of the hallucinogenic plant salvia divinorum of the synthetic cannabinoids (second or subsequent violation);

39-17-454 (c) Manufacture, delivery, dispense, or sale or possession with the intent to manufacture, deliver, dispense, or sale of a controlled substance analogue (second or subsequent violation)

 39-17-607(b) Influencing or attempting to influence lottery;

 39-17-1307(b)(1)(B)   Possession of a firearm with a prior conviction for a felony drug offense;

A Class B felony committed on or after November 1, 1989, may be expunged if it appears in the below list. If the conviction is for a Class B felony committed after November 1, 1989, and it is not on this list it cannot be expunged. At the time of the filing of the petition for expungement at least fifteen (15) years must have elapsed since the completion of the sentence imposed for a Class B felony.

 

39-14-103 & 39-14-105(a)(5) Theft of property ;

39-14-104 Theft of services;

39-14-114 Forgery;

39-14-115 Criminal simulation;

39-14-118 Illegal possession or fraudulent use of a credit card or debit card;

39-14-121 Worthless checks;

39-14-130 Destruction of valuable papers;

39-14-133 Fraudulent or false insurance claims;

39-14-137(b) Fraudulent qualifying for set-aside programs;

39-14-138 Theft of trade secrets;

39-14-139 Sale of recorded live performances without consent;

39-14-149 Communication theft;

39-14-152 Use of a counterfeit mark or logo;

39-14-154 Home improvement fraud;

39-14-408 Vandalism;

39-14-602 Violation of Tennessee  Personal Commercial Computer Ac;t

39-14-603 Unsolicited bulk electronic mail;

39-14-903 Money laundering offenses;

39-17-417(b) Manufacture, delivery, sale, or possession of Schedule I drug (fine not greater than one hundred thousand dollars ($100,000));

39-17-417(c) Manufacture, delivery, sale, or possession of cocaine, methamphetamine in amounts of point five grams or more (fine not greater than one hundred thousand dollars ($100,000);

 39-17-417(i) Manufacture, delivery, sale, possession, or conspiracy to manufacture, deliver, sell, or possess certain amounts of controlled substances (fine not greater than two hundred thousand dollars);

A Class A felony committed on or after November 1, 1989, may be expunged if it appears in the below list. If the conviction is for a Class A felony committed after November 1, 1989, and it is not on this list it cannot be expunged.  At the time of the filing of the petition for expungement  at least fifteen (15) years must have elapsed since the completion of the sentence imposed for a Class A felony.

 

39-14-103 & 39-14-105(6) Theft of property;

39-14-104 Theft of services;

39-14-114 Forgery;

39-14-115 Criminal simulation;

39-14-118 Illegal possession or fraudulent use of a credit card or debit card;

39-14-121 Worthless checks;

39-14-130 Destruction of valuable papers;

39-14-133 Fraudulent or false insurance claim;

39-14-137(b) Fraudulent qualifying for set-aside programs;

39-14-138 Theft of trade secrets;

39-14-139 Sale of recorded live performances without consent;

39-14-149 Communication theft;

39-14-152 Use of a counterfeit mark or logo;

39-14-154 Home improvement fraud (two hundred fifty thousand dollars ($250,000) or more;

39-14-408 Vandalism;

39-14-602(a) Certain provisions of the Personal and Commercial Computer Act;

39-14-603 Unsolicited bulk electronic mail;

 39-17-417(j) Manufacture, delivery, sale, possession, or conspiracy to manufacture, deliver, sell, or possess certain amounts of  controlled substances ;

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