Crime and Punishment ...and Punishment

Your Clients Need to Know the Collateral Consequences of a Criminal Conviction

In early colonial America, and as late as 1829 in Tennessee,[1] individuals were often branded on their hand after being convicted of a crime. While branding has long been outlawed, the extensive use of criminal background checks by employers, landlords, and others can make the conviction of a crime, particularly a felony, almost as stigmatizing as the branding of years past.

In Tennessee, those convicted of a criminal offense will discover that a conviction can have wide-ranging impact, barring the ability to vote, sit on a jury, hold public office, and other civil rights, to limiting the ability to pursue certain occupations and even affecting their eligibility for many government programs. Those charged with crimes too often presume that the charges may later be removed from their record. While first-time offenders may sometimes qualify for diversion,[2] avoid a conviction, and later be able to expunge their record, most criminal defendants are not so lucky, and they find themselves with a conviction that lasts a lifetime. Most are surprised to learn, and often too late, that convictions in Tennessee are generally not subject to destruction.[3] Those with criminal convictions often cannot accept the fact that their conviction cannot be removed and are further surprised that even a pardon from the governor does not remove a conviction from a public record.[4] Therefore it is incumbent upon criminal attorneys to advise clients of the consequences of a felony or misdemeanor conviction before making their plea, often more than once, as most criminal defendants often have a hard time considering any other consequence than the immediate jail time they may be facing (or avoiding).

Tennessee Laws Relating to Employment

Tennessee law outright prohibits an individual previously convicted of a felony from ever working in many occupations. In other instances, Tennessee requires individuals to be licensed to practice certain occupations, and when a license is required in most cases, a felony conviction and even some misdemeanors may serve as a basis to deny an application for such a license or establish grounds to revoke the license of an individual currently licensed. The occupations that either preclude employment for some convictions or have licensing laws that may allow the state to deny employment for criminal convictions in certain occupations include:

  • Emergency 911 call takers and dispatchers,[5]
  • Sheriff office employees,[6]
  • Police officers or special deputies,[7]
  • Employment at jails or correctional institutions,[8]
  • Private security business operator,9 or private security officer,[10]
  • Private investigator,[11]
  • Operating a check cashing business,[12]
  • Operating an adult-oriented establishment,[13]
  • Entertainer, escort or employee in an adult-oriented establishment,[14]
  • Dealer of dogs or cats,[15]
  • Life insurance representative,[16]
  • Mortgage loan originator license,[17]
  • Real estate agent,[18]
  • Fireworks display exhibitor,[19]
  • Attorney,[20]
  • State registered court reporter,[21]
  • Court clerk,[22]
  • Bail bondsman,[23]
  • Employee with the Tennessee Education Lottery Corporation,[24]
  • Lottery retailer,[25]
  • Real estate appraiser,[26]
  • Certified public accountant,[27]
  • Solicitor of charitable funds,[28]
  • Pawnbroker,[29]
  • Broker-dealer, agent or investment advisor,[30]
  • Teacher or school administrator,[31]
  • Athlete agents,[32]
  • Social worker,[33]
  • Employee of a child care agency, detention center or temporary holding resource for children,[34]
  • Massage therapist,[35]
  • Professional counselor or family and martial therapist,[36]
  • Nursing home administrator,[37]
  • Practitioner of medicine,[38]
  • Practitioner of healing arts,[39]
  • Chiropractors,[40]
  • Podiatrist,[41]
  • Practicing dentistry, a dental specialty, practicing dental hygiene or serving as a dental assistant,[42]
  • Physical therapist,[43]
  • Optometrist,[44]
  • Nurse,[45]
  • Dietitian and nutritionist,[46]
  • Hearing aid specialist,[47]
  • Veterinarian,[48]
  • Speech language pathologist and audiologist,[49]
  • Electrologist or otherwise licensed to permanently remove hair,[50]
  • Midwife,[51]
  • Practitioner of reflexology,[52]
  • Owning or being employed at a clinic that performs abortions,[53]
  • Barber,[54]
  • Operator of a cosmetology business,[55]
  • Embalmer or funeral director,[56]
  • General contractor,[57]
  • Home improvement contractor,[58]
  • Locksmith,[59]
  • Land surveyor,[60]
  • Auctioneer,[61]
  • Bill collector,[62]
  • Polygraph examiner,[63]
  • Alarm system employee,[64]
  • Geologist,[65] and
  • Bus driver of children.[66]

The above list may not include all occupations that are impacted by a conviction. Most employers utilize criminal record checks as a mechanism to screen applicants. For this reason, any criminal conviction or even a criminal arrest could serve as a reason to choose another worthy applicant. Many with misdemeanor convictions will find the job market difficult, but felons have far more difficulty finding employment. Tennessee has never recognized those that have been convicted of a crime as a protected class and thus employers are not prohibited from discriminating against such class of persons.[67]

Federal Employment Restrictions

While the focus of this article is Tennessee state law, there are various federal statutes that result in the disqualification of federal employment upon a conviction.[68] An individual convicted of a felony is ineligible to enlist in any branch of the armed services unless the Secretary of the branch authorizes an exception in a "meritorious case."[69]

18 U.S.C. 3563(b)(5), 3583(d), and the United States Sentencing Guidelines also provide that the sentencing court may impose certain occupational restrictions as a condition of probation or supervised release.

Pensions

A state employee convicted of a felony arising out of the employee's or elected or appointed official's employment or official capacity is not entitled to receive retirement benefits from the State of Tennessee.[70] Employees of private companies may wish to consult their individual retirement plans for similar provisions.

Housing

In Tennessee, a landlord may terminate a rental agreement within three days from the date written notice is delivered to the tenant if the tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner that constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants or persons on the premises.[71] This statute certainly gives a landlord the right to remove a person from their rental property if convicted of a violent felony offense or other offense, but would even likely allow a landlord to remove a tenant after being charged with almost any criminal offense that could present a danger to the health, safety or welfare of other tenants.

Voting, Holding Public Office, Sitting on a Jury

Upon a conviction for a felony, a person in Tennessee is immediately ineligible to vote,[72] hold public office,[73] or serve on a jury[74] by state law. Such rights may be restored by a petition for restoration of rights, but those convicted of certain felonies are never eligible to vote.[75] The right to sit on a federal jury is also prohibited by federal law upon a conviction for a felony.[76]

Right to Carry a Firearm

Upon a conviction for a felony or misdemeanor of domestic assault, such individual is barred from carrying any type of firearm in Tennessee by Federal law.[77] A convicted felon may petition in Tennessee to have their civil rights restored or seek a pardon from the governor, and such restoration or pardon may enable such person to carry a firearm[78] if such felony did not involve the use or attempted use of force, violence, a deadly weapon, or drugs.[79] Felony drug convictions or violent convictions result in a lifetime bar.[80]

Name Change

An individual convicted of murder or an offense requiring registry on the sexual offender registry is precluded from ever changing his or her name.[81] Courts are further directed to deny a name change petition to anyone the court has reason to believe is making such petition to defraud or mislead, is not being made in good faith, will cause injury to an individual, or will compromise public safety. An individual previously convicted of a felony is presumed to be acting in bad faith or with intent to defraud or mislead.

Tennnessee Sexual Offender Registry

In Tennessee, a conviction for any of the following offenses, including a conditional plea under Tenn. Code Ann. 40-35-313, requires registry on the Tennessee Sexual Offender Registry as a sexual offender:

  • Sexual battery, under  § 39-13-505;
  • Statutory rape, under  § 39-13-506, if the defendant has one (1) or more prior convictions for mitigated statutory rape under  § 39-13-506(a), statutory rape under  § 39-13-506(h) or aggravated statutory rape under  § 39-13-506(e);
  • Aggravated prostitution, under  § 39-13-516;
  • Sexual exploitation of a minor, under  § 39-17-1003;
  • False imprisonment where the victim is a minor, under  § 3 9-13-302, except when committed by a parent of the minor;
  • Kidnapping, under  § 39-13-303, except when committed by a parent of the minor;
  • Indecent exposure, under  § 39-13-511, upon a third or subsequent conviction;
  • Solicitation of a minor, under  § 39-13-528 when the offense is classified as a Class D felony, Class E felony, or a misdemeanor;
  • Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former  § 39-13-507;
  • Attempt, under  § 39-12-101, to commit any of the offenses above;
  • Solicitation, under  § 39-12-102, to commit any of the offenses above;
  • Conspiracy, under  § 39-12-103, to commit any of the offenses above;
  • Criminal responsibility, under  § 39-11-402 (2), to commit any of the offenses above;
  • Facilitating the commission, under  § 39-11-403, to commit any of the offenses above;
  • Being an accessory after the fact, under  § 39-11-411, to commit any of the offenses above;
  • Aggravated statutory rape, under  § 39-13-506 (c); and
  • Exploitation of a minor by electronic means, under  § 39-13-529.

A conviction or a judicial diversion plea under Tenn. Code Ann. 40-35-313 for any of the following offenses requires registration as a violent sexual offender:

  • Aggravated rape, under  § 39-2-603 [repealed] or  § 39-13-502;
  • Rape, under  § 39-2-604 [repealed] or  § 39-13-503;
  • Aggravated sexual battery, under  § 39-2-606 [repealed] or  § 39-13-504;
  • Rape of a child, under  § 39-13-522;
  • Attempt to commit rape, under  § 39-2-608 [repealed];
  • Aggravated sexual exploitation of a minor, under  § 39-17-1004;
  • Especially aggravated sexual exploitation of a minor under  § 39-17-1005;
  • Aggravated kidnapping where the victim is a minor, under  § 39-13-304, except when committed by a parent of the minor;
  • Especially aggravated kidnapping where the victim is a minor, under  § 39-13-305, except when committed by a parent of the minor;
  • Sexual battery by an authority figure, under  § 39-13-527;
  • Solicitation of a minor, under  § 39-13-528 when the offense is classified as a Class B or Class C felony;
  • Spousal rape, under  § 39-13-507(h)(1) [repealed];
  • Aggravated spousal rape, under  § 39-13-507 (c)(1) [repealed];
  • Criminal exposure to HIV, under  § 39-l3-109(a)(1);
  • Statutory rape by an authority figure, under  § 39-13-532;
  • Criminal attempt, under  § 39-12-101, to commit any of the offenses above;
  • Solicitation, under  § 39-12-102 to commit any of the offenses above;
  • Conspiracy, under  § 39-12-103, to commit any of the offenses above;
  • Criminal responsibility, under  § 39-11-402 (2), to commit any of the offenses above;
  • Facilitating the commission, under  § 39-11-403, to commit any of the offenses above;
  • Being an accessory after the fact, under  § 39-1 1-4 11, to commit any of the offenses above;
  • Incest, under  § 39-15-302; or
  • Aggravated rape of a child under  § 39-13-531.

The sex offender registry is published online on the TBI Web site. Sexual Offenders and Violent Sexual Offenders are required to report regularly to the local police or sheriffs' office or the probation and parole office and immediately inform such agency of any changes to their address or work locations. "Violent Sexual Offenders" are supervised for life; however, those who fall under the category of "sexual offenders" may petition to have their name removed from the registry after the passage of 10 years from the completion of their sentence.[82] If the sexual offender's or violent sexual offender's victim was a minor, such offender cannot reside with a minor or work within 1,000 feet of the property line of any school, child care facility, public park, playground, recreation center or public athletic field available for use by the general public.

Community Supervision for Life

In addition to registration as a sexual offender, any person who commits a violation of Tenn. Code Ann..  § 39-13-502 aggravated rape, Tenn. Code Ann.  § 39-13-503 rape, Tenn. Code Ann.  § 39-13-504 aggravated sexual battery, Tenn. Code Ann.  § 39-13-522 rape of a child, or attempts to commit a violation of any of these sections after July 1, 1996, shall receive a sentence of community supervision for life.[84] The sentence of community supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon the person by the court or upon the person's release from regular parole supervision, whichever occurs first. A person on community supervision shall be under the jurisdiction, supervision and control of the board of probation and parole in the same manner as a person under parole supervision. The board is authorized to impose and enforce a supervision and rehabilitation fee upon a person on community supervision similar to the fee imposed for those on probation or parole in Tenn. Code Ann.  § 40-28-201 but may waive fees in cases of hardship or indigency. Any violation of the community supervision constitutes a separate criminal offense and if the violation itself constitutes an offense then such punishment shall run consecutive to the underlying offense.[85] A person sentenced to community supervision for life may, after 15 years of such supervision, petition the court to be released from community supervision and the court may grant such petition only after a psychiatric or psychological evaluation at the petitioner's expense and a thorough hearing by the court in which the court may call as many witnesses as it deems necessary.[86]

DNA Sample Required

A DNA sample is required of anyone who is convicted of any offense that requires registry on the Tennessee Sexual Offender Registry.[87] Anyone convicted of any felony or any applicable misdemeanor offense that is committed to the custody of the commissioner of correction for a term of imprisonment or sentenced to a period of confinement in a county jail or workhouse that has not previously provided a biological specimen for the purpose of DNA analysis may also be required to provide a DNA sample for analysis before completion of the person's term of imprisonment.[88] Individuals who are arrested for a violent felony after a probable cause finding by a magistrate or grand jury are also required to submit a DNA sample.[89] Such sample is maintained in the TBI data bank unless the individual's charges are dismissed or such individual is acquitted at trial.

Public Housing, Student Loans and Food Stamps

Under 21 U.S.C. 862, state and federal drug offenders may be ineligible for federal grants, licenses, contracts and other federal benefits.

A higher education student is ineligible for federal assistance upon a conviction under state or federal law for a crime involving the possession or sale of a controlled substance.[90] This includes grants, loans or work assistance. Tennessee law further prohibits individuals in violation of the federal drug-free laws from eligibility for the Tennessee Hope Scholarship.[91]

Tennessee has modified the federal ban on food stamps for individuals previously convicted of drug-related felonies as long as the offense is not a class A felony. The law now allows such persons to receive food stamps if they have submitted themselves to substance abuse treatment and followed all requirements of the court.[92]

In Nashville, the Metropolitan Development and Housing Agency will not consider an applicant for public housing who was involved in violent or drug-related activity in the past three years.[93]

Passports and Deportation

A passport will be revoked or an application for one will be denied to anyone who is convicted of a drug offense if the person crossed international borders to commit the offense.[94] Non-U.S. citizens may, and in some cases, must be deported for felony or misdemeanor convictions.[95]

Divorce, Custody and Family Law Issues

A conviction for a felony is grounds for divorce.[96] Incarceration for 10 years or more when the child is eight years old or younger is grounds to terminate the incarcerated parent's parental rights.[97]

Enhanced Punishment if Charged in the Future

Most clients are so focused on avoiding the consequences of their current charges that they fail to consider the impact that a conviction in their current case would have if they are charged in the future. For instance, once convicted of a DUI in Tennessee, such individual will face a mandatory minimum sentence of 45 days in jail and a loss of driving privileges for two years if convicted of DUI in the next 10 years.[98]

Under Tennessee law, once a person receives pre-trial or judicial diversion or is convicted of even a misdemeanor offense, such individual in most cases will never be eligible for pre-trial[99] or judicial diversion[100] in the future and while a presumption of alternative sentencing may be available for first-time offenders in all but the most serious offenses, a prior conviction may serve as a basis for a judge to order incarceration for a future offense.[101]

Tennessee law classifies individuals based on their criminal record, and thus a prior conviction also determines the applicable sentencing range and the eligibility for early release from incarceration for each particular offense.[102] However, with the exception of the most serious offenses, Tennessee law grants the sentencing court the discretion to determine whether the sentence will be served through incarceration or by alternative means.[103] Tennessee law states that it is the burden of the defendant to establish suitability for probation.[104]

The United States Federal Sentencing Guidelines do not afford federal judges the same degree of discretion in sentencing as Tennessee law does. An individual's sentence in federal court is heavily influenced by the various attributes of the criminal offense that are assigned various points based on severity. The number of months are further enhanced by the offender's criminal history.[105] Thus, even one prior criminal conviction could have a significant impact on the sentencing range in federal court. With the exception of a few misdemeanors that are specifically excluded, prior convictions of even misdemeanor offenses could drastically increase the prison time a person could serve in federal custody.[106]

 

Conclusion

The stigma of a conviction can last a lifetime. Individuals facing felony charges, particularly those who are unable to post bond awaiting trial, often cannot see past the date the jail door could open. Prosecutors may offer a defendant felony probation when the facts do not support a conviction or do not support anything more than a misdemeanor.[107] While the client may not be willing to risk going to jail, the attorney must be sure that before signing the client up for a felony conviction that the client understands the lifetime of collateral consequences from the conviction.[108]

Notes

  1. See State v. Humphreys, 1 Tenn. 306 (1808). Branding was abolished in Tennessee in 1829 by the passage of the "penitentiary law." Public Acts of 1829, Chapter 23.
  2. See Tenn. Code Ann.  §40-15-101 et seq. and 40-35-313. Tennessee law contains both pre-trial diversion and judicial diversion and is available for first time offenders for certain offenses. Pre-trial diversion, 40-15-101 et seq, is an agreement wherein the prosecution is suspended and no plea is ever entered. Judicial diversion, under 40-35-313, allows a court after a trial or following a plea to withhold adjudication for a qualified individual. Under judicial diversion, a conviction is not entered and is never entered if the individual successfully completes the period of probationary supervision. Judicial diversion must be entered at the time the sentence are entered and cannot be granted after a conviction and sentence is entered. See State v. Turco, 108 S.W.3d 244 (Tenn. 2003).
  3. See Tenn. Code Ann.  §40-32-101, but see Tenn. Code Ann.  § 57-3-412(a)(3)(C), Tenn. Code Ann.  § 57-5-301(e)(3).
  4. See Tennessee v. Blanchard, 100 S.W.3d (Tenn. Crim. App. 2002) (holding that a pardon does not qualify an individual for an expungement but does restore certain civil rights).
  5. Tenn. Code Ann.  § 7-86-205 (prohibiting employment for those convicted of felonies or any state or federal law or city ordinance relating to force, violence, theft, dishonesty, gambling, liquor, or controlled substance).
  6. Tenn. Code Ann.  § 8-8-102 (prohibiting employment for those convicted of felonies or any state or federal law or city ordinance relating to force, violence, theft, dishonesty, gambling, liquor, or controlled substance).
  7. Tenn. Code Ann.  §38-8-106 (prohibiting employment for those convicted of felonies or any state or federal law or city ordinance relating to force, violence, theft, dishonesty, gambling, liquor, or controlled substance).
  8. Tenn. Code Ann.  §41-4-144 (prohibiting employment for those convicted of felonies or any state or federal law or city ordinance relating to force, violence, theft, dishonesty, gambling, liquor, or controlled substance).
  9. Tenn. Code Ann.  §62-35-106 (requiring good moral character among other things).
  10. Tenn. Code Ann.  §62-35-117 (prohibiting employment to those convicted of a felony, or any misdemeanor involving shooting a firearm, shoplifting, violence, or sale, manufacture, distribution of controlled substance, drugs or narcotics, theft of property or services if five years has not passed since the sentence or probation ordered for such conviction. Good moral character is also a requirement among other things).
  11. Tenn. Code Ann.  §62-26-217 (stating the commissioner may suspend, revoke, or deny a license to an individual convicted of a felony or misdemeanor).
  12. Tenn. Code Ann.  §45-18-105. (stating that subject to the commissioner's discretion no person shall be licensed that has been convicted of a felony or granted diversion for a felony).
  13. Tenn. Code Ann.  §7-51-1106 (requiring a waiting period for a person with a conviction for certain criminal offenses).
  14. Tenn. Code Ann.  §7-51-1109 (requiring the Board to revoke or suspend the annual license of anyone convicted of certain sexual crimes on the premises).
  15. Tenn. Code Ann.  §44-14-107 (stating the license of a dog or cat dealer may be revoked for convictions relating to cruelty to animals or other violations of Title 44, Chapter 17).
  16. Tenn. Code Ann.  §56-50-104 (allowing the commissioner to refuse to issue, suspend, or revoke a life insurance representative's license for a felony or misdemeanor involving fraud or moral turpitude regardless of judgment of conviction being entered)).
  17. Tenn. Code Ann.  §45-13-302 (precluding employment for a person with a felony conviction involving fraud, dishonesty, breach of trust, money laundering or for any other felony if the conviction occurred within the last seven years).
  18. Tenn. Code Ann.  §62-25-107 (allowing commissioner to suspend, revoke, or deny a license to anyone convicted of any felony or misdemeanor if commission finds conviction makes person untrustworthy).
  19. Tenn. Code Ann.  § 68-104-204 (prohibiting person from obtaining license with prior felony).
  20. Tenn Supreme Court Rule 9  § 14 (requiring immediate suspension for conviction of a felony or conviction of a misdemeanor involving improper conduct as an attorney. Such matters are forwarded to a hearing panel to determine final discipline up to disbarment. Non-attorney misconduct misdemeanors are referred to the Board for review).
  21. Tenn Supreme Court Rule 42  § 5 (disqualifying those convicted of any felony or misdemeanor involving dishonesty if such conviction is within ten years per Tennessee Rule of Evidence 609).
  22. Tenn. Code Ann.  § 18-1-301 (allowing court to remove clerk for conviction of any felony or misdemeanor).
  23. Tenn. Code Ann.  § 40-11-128 (prohibiting convicted felons from being a bail bondsman).
  24. Tenn. Code Ann.  § 4-51-110 (prohibiting individuals from serving as an employee if previously convicted of a felony or misdemeanor involving gambling, theft, computer offenses, forgery, dishonesty, or unlawfully providing a product or service to a minor).
  25. Tenn. Code Ann.  § 4-51-115 (prohibiting employment for those with prior criminal convictions related to security or integrity of a lottery or any criminal offense involving gambling, theft, computer offenses, forgery, perjury, dishonesty or unlawfully providing a product or service to a minor unless person has had their rights restored or at least five years has passed since sentence completed).
  26. Tenn. Code Ann.  § 62-39-316 (authorizing commission to deny a license for a convicted felon).
  27. Tenn. Code Ann.  § 62-1-106 (requiring good moral character which is defined as a lack of history of dishonesty or felonious acts).
  28. Tenn. Code Ann.  § 48-101-507 (prohibiting employment for a convicted felon unless such individual has had their rights restored).
  29. Tenn. Code Ann.  § 45-6-206 (requiring good moral character and specifically precluding license for those with prior conviction within the last ten years that relates to duties as a pawnbroker).
  30. Tenn. Code Ann.  § 48-2-110 (stating license may be denied, revoked, or suspended for a conviction in the past ten years for any felony or misdemeanor involving any aspect of security business or investment related business).
  31. Tenn. Code Ann.  § 49-5-417 (requiring the automatic revocation of a license for a teacher or school administrator for convictions of  §39-13-532 (statutory rape by an authority figure),  § 39-17-417 (felony drug offense),  § 40-35-501(i) (various serious violent felonies and sexual offenses involving minors)).
  32. Tenn. Code Ann.  § 49-7-2127 (allowing Secretary of State to refuse a license if applicant has felony conviction or other crime involving moral turpitude).
  33. Tenn. Code Ann.  § 63-33-108 (allowing Board to deny, suspend, or revoke license for a felony).
  34. Tenn. Code Ann.  § 71-3-507 (prohibiting a license to a person with a prior conviction or juvenile court finding that demonstrates abuse of a child, or violence against a person, or any offense determined to present a threat to health safety or welfare of a child).
  35. Tenn. Code Ann.  § 63-18-108 (authorizing Board to deny or restrict an application for license to a person with a felony conviction or guilty of fraud relating to the practice of massage or a prior sexual conviction).
  36. Tenn. Code Ann.  § 63-22-110 (authorizing Board to deny, suspend, or revoke a license for a felony).
  37. Tenn. Code Ann.  § 63-16-108 (authorizing Board to deny or restrict an application for license to a person with a felony conviction or guilty of fraud relating to nursing home administration).
  38. Tenn. Code Ann.  § 63-6-214 (authorizing Board to deny, suspend, or revoke license upon any violation or attempted violation or assisting another in a violation of any law in the State of Tennessee or for any conviction of any felony or conviction of any misdemeanor involving drugs or moral turpitude).
  39. Tenn. Code Ann.  § 63-1-120 (authorizing the Board to suspend or revoke the license of an individual convicted of any felony or any drug offense or any immoral or dishonorable conduct).
  40. Tenn. Code Ann.  § 63-4-114 (authorizing Board to deny, suspend, or revoke license upon a conviction of a felony or any immoral or dishonorable conduct and any offense involving moral turpitude or any immoral dishonorable conduct).
  41. Tenn. Code Ann.  § 63-3-119 (authorizing Board to deny, suspend, or revoke license upon a conviction of a felony or any immoral or dishonorable conduct).
  42. Tenn. Code Ann. § 63-5-124 (authorizing Board to deny, suspend, or revoke license upon any violation or attempted violation or assisting another in violation of any law in the State of Tennessee or any conviction of any felony or any conviction of misdemeanor involving drugs or moral turpitude or any unethical conduct).
  43. Tenn. Code Ann.  § 63-13-312 (authorizing Board to deny, suspend, or revoke for any conviction of any felony or any offense involving moral turpitude or any violation of any statute of Tennessee).
  44. Tenn. Code Ann.  § 63-8-120 (authorizing Board to deny, suspend, or revoke license for a conviction of any felony or any immoral or dishonorable conduct).
  45. Tenn. Code Ann..  § 63-7-115 (authorizing Board to deny, suspend, or revoke license of anyone convicted of a crime).
  46. Tenn. Code Ann.  § 63-25-110 (authorizing Board to deny, suspend, or revoke license for a conviction of any felony or any offense involving moral turpitude).
  47. Tenn. Code Ann.  § 63-14-219 (authorizing Board to deny, suspend, or revoke a license of anyone convicted of any offense involving moral turpitude or unethical conduct in the practice of their profession).
  48. Tenn. Code Ann. § 63-12-124 (authorizing Board to deny, revoke, or suspend a license for any felony or any offense involving moral turpitude or any unprofessional or unethical conduct).
  49. Tenn. Code Ann.  § 63-17-117 (authorizing Board to deny, suspend, or revoke the license of an individual for any unprofessional conduct that endangers health, welfare, or safety of the public).
  50. Tenn. Code Ann.  § 63-26-123 (authorizing Commission to deny, suspend, or revoke for a conviction of any felony or immoral or unprofessional conduct).
  51. Tenn. Code Ann.  § 63-29-114 (authorizing the Board to deny, suspend, or revoke anyone found guilty of a crime or unprofessional conduct).
  52. Tenn. Code Ann.  § 63-30-111 (allowing for the revocation or suspension of a registration for any felony or unprofessional conduct).
  53. Tenn. Code Ann.  § 68-11-223 (prohibiting employment or ownership to anyone convicted of a felony or misdemeanor involving moral turpitude in the last five years or in violation of health regulations. The statute further requires good moral character).
  54. Tenn. Code Ann.  § 62-3-121 (authorizing Board to deny, suspend, or revoke for conviction of any felony or any immoral or unprofessional conduct).
  55. Tenn. Code Ann.  § 62-4-127 (authorizing Board to deny, suspend, or revoke the license of anyone convicted of a felony or misdemeanor involving moral turpitude or unprofessional, immoral, or dishonorable conduct).
  56. Tenn. Code Ann..  § 62-5-317 (authorizing Board to deny, suspend, or revoke the license of anyone convicted of a felony or misdemeanor involving moral turpitude or unprofessional, immoral, or dishonorable conduct and additionally for any violation of any law relating to the state laws and regulations for the disposition of dead bodies or any immoral or unprofessional conduct).
  57. Tenn. Code Ann.  § 62-6-409 (authorizing Board to deny, suspend, or revoke license for conviction of a felony or any other conduct which constitutes improper, fraudulent, or dishonest dealing or any violation of general contractor laws).
  58. Tenn. Code Ann.  § 62-6-509 (authorizing Board to deny, suspend, or revoke the license of any individual convicted of a felony or is untrustworthy or lacking good character or violating any laws relating to home improvement contractor laws).
  59. Tenn. Code Ann.  § 62-11-112 (prohibiting employment as a locksmith apprentice of individuals previously convicted of fraud or theft).
  60. Tenn. Code Ann.  § 62-18-116 (authorizing Board to deny, suspend, or revoke license of anyone convicted of a felony, or any violation of land survey laws).
  61. Tenn. Code Ann.  § 62-19-112 (authorizing Board to deny, suspend, or revoke the license of anyone convicted of a felony or offense involving moral turpitude or a violation of any law relating to auctioneering).
  62. Tenn. Code Ann.  § 62-20-107 (prohibiting license to someone who is not trustworthy or has been convicted of a felony or an offense involving fraud).
  63. Tenn. Code Ann.  § 62-27-107 (prohibiting employment for someone who is not of good moral character or has been convicted of a felony or misdemeanor involving moral turpitude).
  64. Tenn. Code Ann.  § 62-32-319 (authorizing Board to suspend, deny, or revoke a license to anyone with a conviction of a crime indicating lack of good moral character).
  65. Tenn. Code Ann.  § 62-36-119 (authorizing Board to deny, revoke, or suspend a license of anyone convicted of a felony or misdemeanor involving moral turpitude or any act in violation of the laws relating to geology).
  66. Tenn. Code Ann.  § 62-43-115 (authorizing Board to deny, suspend, or revoke the license for various criminal convictions among other things).
  67. State v. Kouns, 2008 WL 4830793 at *10 (Tenn.Crim.App. 2008).
  68. There are far too many to mention but for example 18 U.S.C. 2381 (treason disqualifies someone from holding office in the United States), 26 U.S.C. 7213 (dismissal of federal employee for unauthorized inspection of a tax return).
  69. 10 U.S.C. 504.
  70. Tenn. Code Ann.  § 8-35-124.
  71. Tenn. Code Ann.  § 66-28-517.
  72. Tenn. Code Ann.  § 40-20-112.
  73. Tenn. Code Ann.  § 29-8-101.
  74. Tenn. Code Ann..  § 40-20-114.
  75. Tenn. Code Ann.  § 40-29-202.
  76. 28 U.S.C. 1865.
  77. See 18 U.S.C. 922(g).
  78. See 18 U.S.C 921(a) (20), Tenn. Code Ann.  § 40-29-101.
  79. See Tenn. Code Ann.  § 39-17-1307.
  80. Id.
  81. Tenn. Code Ann..  § 29-8-101.
  82. Tenn. Code Ann.  § 40-39-207.
  83. Tenn. Code Ann.  § 40-39-211.
  84. Tenn. Code Ann.  § 39-13-524.
  85. Tenn. Code Ann.  § 39-13-526.
  86. Tenn. Code Ann.  § 39-13-525.
  87. Tenn. Code Ann.  § 40-35-321(d)(1).
  88. Tenn. Code Ann.  § 40-35-321(d)(2).
  89. Tenn. Code Ann.  § 40-35-321(e).
  90. 20 U.S.C. 1091(r).
  91. Tenn. Code Ann.  § 49-4-904.
  92. Tenn. Comp. R. & Regs. R. 1240-1-46.02(c)(7).
  93. http://www.nashville-mdha.org/
  94. 22 U.S.C. 1227.
  95. 8 U.S.C.A. 1227.
  96. Tenn. Code Ann.  § 36-4-101(a)(5).
  97. Tenn. Code Ann.  § 36-1-113.
  98. Tenn. Code Ann.  § 55-10-403(a)(1)(A)(iv).
  99. Tenn. Code Ann.  § 40-15-105(a)(1)(B)(i)(a) and (b).
  100. Tenn. Code Ann.  § 40-35-313(a)(1)(A)(c) and (a)(1)(B)(2). A prior grant of diversion in another state, however, does not preclude diversion under Tennessee law. State v. Schindler, 986 S.W.2d 209 (Tenn. 1999)
  101. Tenn. Code Ann.  § 40-35-102(6)(A)
  102. Tenn. Code Ann.  § 40-35-101 et seq.
  103. Tenn. Code Ann.  § 40-35-303(a)
  104. Tenn. Code Ann.  § 40-35-303(b)
  105. U.S.S.G.  §5A
  106. U.S.S.G.  §4A1.2(c)
  107. The difference in a misdemeanor assault and a felony assault could hinge on whether your client caused serious bodily injury (see Tenn. Code Ann.  § 39-13-101,  § 39-13-102), or the difference between a misdemeanor drug offense and a felony drug possession may depend on whether such possession was with intent to sell or for personal use. See Tenn. Code Ann.  § 39-17-417,  § 39-17-418.
  108. Note that the failure to advise of collateral consequences may not always constitute ineffective assistance, Bautista v. State, 160 S.W.3d 917 (Tenn.Crim.App. 2004), but may constitute malpractice.

VINCENT P. WYATT VINCENT P. WYATT is an attorney with Hollins, Raybin & Weissman PC in Nashville. He previously served as a judge advocate general in the United States Navy before entering private practice. He received his bachelor of arts from Vanderbilt University and his law degree from The University of Memphis School of Law.