Can a DCS order be expunged to reinstate my teacher license?

Full question:

In February 2007, a final order of child abuse was issued against me. As a result, my teacher Tennessee license were revoked, based on that ruling. My question is: can the DCS order be expunged and if so could my teacher license be reinstated?

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: Tennessee

Answer:

The expungement process typically applies only if criminal charges were filed. According to Tennessee rules, the Department of Children’s Services (DCS) maintains records of final orders, which are available for inspection as needed. These records are not automatically eligible for expungement unless they meet specific criteria outlined in Tennessee statutes.

For example, under Tenn. Code Ann. § 40-32-101, public records can be expunged if a person was charged with a misdemeanor or felony and the charge was dismissed, a no true bill was returned, or a not guilty verdict was reached. However, records related to child abuse findings may not be eligible for expungement as they are often classified as confidential under state law.

To determine your specific situation, you should consult with a legal professional who can help assess the possibility of expungement and the potential for reinstating your teacher license.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Tennessee, disqualifications for teaching include having a felony conviction, especially related to child abuse or sexual offenses. Additionally, if a teacher's license was revoked due to misconduct or ethical violations, this can also disqualify them from teaching. Certain misdemeanor convictions may also impact eligibility. It's essential to check with the Tennessee Department of Education for specific disqualifying factors and any potential pathways to reinstatement.