First-Time Offender in Memphis | Diversion, Retirement & Expungement

Brooks Law Firm

Charged with a crime for the first time in Memphis? The most important thing to understand is that a first charge in Tennessee often does not have to become a conviction — and in many cases does not have to stay on your record at all. But the outcomes that protect your record are not automatic. They have to be asked for, negotiated, and in some courts fought for, and several of them are available only once in your life. Call Brooks Law Firm at (901) 324-5000, or call or text (901) 412-2973, for a confidential consultation.

Patrick Brooks has handled thousands of criminal cases in Shelby County and West Tennessee — as a private defense attorney, as a public defender, and as the public defender assigned to every case in the Shelby County Veterans Treatment Court. A large share of those clients had never been arrested before. This page explains, in plain language, what actually happens to a first offense in Tennessee and which outcomes are worth aiming at.

The Outcomes Worth Aiming At, In Order

Not every good result looks the same on paper, and the differences matter enormously five years from now when an employer or a landlord runs a background check.

Dismissal. The charge goes away outright — the State drops it, or it is dismissed at a hearing. Best possible outcome, and immediately expungeable.
Retirement. The case is set aside for a period of time, usually six months to a year, and dismissed at the end if you stay out of trouble. No plea is entered. In many Shelby County courtrooms this is the quiet first-offender outcome most people have never heard of.
Judicial diversion (T.C.A. § 40-35-313). You plead guilty, but the court does not enter a judgment of conviction. Complete probation successfully and the charge is dismissed and can be expunged. Available once.
Pretrial diversion (T.C.A. § 40-15-105). A written agreement with the District Attorney that suspends prosecution entirely. No plea at all. Rarer, and it requires the DA’s consent.
Reduction to a lesser charge. Sometimes the realistic win: a DUI reduced to reckless driving, for example, is expungeable five years later where a DUI conviction never is.
Conviction with probation. A conviction on your record. Sometimes unavoidable, but it should be the last option considered, not the first offer accepted.

Spending Your One Diversion Wisely

Judicial and pretrial diversion are both, in practice, once-in-a-lifetime opportunities. The statutory mechanics of each — eligibility, the TBI certificate, the memorandum of understanding, the probationary term — are set out in detail on our Tennessee misdemeanor sentencing page. What belongs here is the judgment call that page does not make for you.

Because you get one, spending it matters. If a charge could realistically have been dismissed outright, or retired without any plea at all, using diversion on it costs you the option on a future charge you may need it for far more. Prosecutors do not volunteer the better outcome, and a defendant standing alone at a first setting rarely knows it was available. Deciding which outcome to pursue — and knowing which ones a particular courtroom actually gives — is most of what a defense lawyer does on a first offense.

Expungement Is a Separate Step — and It Does Not Happen by Itself

This is where people lose the benefit they earned. A dismissal, a retirement, or a completed diversion clears the way for expungement, but the record does not clear on its own. Someone has to file the petition, pay the filing fee, and file it in the court where the case started. Cases that were dismissed years ago frequently still show up on background checks for exactly this reason. See our Memphis expungement page for what qualifies and how the process works.

Common Questions About a First Offense

Will I go to jail for a first offense?

For most first misdemeanors, jail is not the likely outcome — but “not likely” is not “impossible,” and some charges carry mandatory minimums that apply regardless of record. A first-offense DUI in Tennessee carries a mandatory 48 hours, and seven days if the blood alcohol result was .20 or higher. Domestic assault carries a mandatory hold before release. The charge matters more than the record here.

Can I get diversion for a first offense?

Often, yes — but not for every charge, and not automatically. DUI is statutorily excluded. Sexual offenses and many serious felonies are excluded. For most first-time misdemeanor theft, drug possession, and assault charges, diversion is realistically on the table, and in some courtrooms retirement is a better outcome than diversion because no plea is entered at all.

Do I need a lawyer if it is my first time and the charge is small?

Ask a different question: what does this charge cost me in five years? A conviction that seems minor today can block a professional license, a security clearance, an apartment application, or a job in healthcare, education, trucking, or firearms. If the answer is “nothing much,” a lawyer may not be worth the cost, and we will tell you that on the phone for free. If the answer is anything else, the time to act is before the first court date, not after a plea.

Is a first offense automatically expunged after a few years?

No. Nothing clears automatically. Dismissals and completed diversions require a petition. Certain single convictions become eligible five years after completion of the sentence under T.C.A. § 40-32-101, and that also requires a petition.

What should I do before my first court date?

Do not miss it — a failure to appear turns a manageable case into a capias and a second charge. Write down what you remember while it is fresh. Do not discuss the case on social media or with anyone but your attorney. If there is a no-contact condition, follow it exactly. And find out what the realistic outcomes are before you stand in front of a judge, not while you are standing there.

First-Offense Guides by Charge

Programs and Records

Talk to a Memphis Criminal Defense Lawyer About Your First Charge

A first charge is usually the one most worth fighting, because it is the one that decides whether you have a record at all. Call (901) 324-5000 or call or text (901) 412-2973. Brooks Law Firm, 2299 Union Avenue, Memphis, TN 38104. Free consultation. Se habla español.