Why do expunged cases sometimes appear on background checks?

In a webpage posted here, attorney Brent Horst of Horst Law outlines possible reasons an expunged record may appear on a background check.

Records that should have been expunged but appear on background checks can have real consequences on a person’s life, as some lenders, employers, or landlords may deny their services to individuals who have a criminal record.

If you were accused of a crime that was dismissed or could otherwise be expunged, you owe it to yourself to make sure it does not appear in your criminal history. Call Horst Law to learn more about how record expungement can prove beneficial to you. Dial .

Aggravated Child Abuse

Charge: Aggravated Child Abuse
Facing: 8-12 years at 100% no probation no parole.
Result: After jury trial client convicted of misdemeanor child abuse maximum sentence is one year and will likely receive probation.

Man facing charges after fatal Nashville car accident

A vehicle driver is facing a vehicular homicide charge in Nashville after he caused an accident that resulted in one fatality, an article of The Tennessean reported on August 1.

According to reports, 28-year-old Michael Harris was charged after the vehicle he was driving struck a house in the 1100 block of General George Patton Road. Homeowner Bobbie Ann Lafollette, 71, was sleeping inside the house at the time she was killed. Initial investigations revealed that Harris’ vehicle veered off the road, hit a utility pole, then crashed into the living room where Lafollette was sleeping. Reports later revealed that Harris and his passenger were apprehended moments after the crash. Harris was under the influence of intoxicants and attempted to leave the crash scene before police caught him. Six felony charges were filed against Harris, who had previous DUI charges.

At Horst Law, we know how devastating it is to be charged with a crime. Contact us at to discuss the potential of a secure and successful legal defense.

Factors that Aggravate a Domestic Violence Case

Domestic violence is defined as a form of assault within members of a household. Therefore, domestic violence can occur between people who are relatives, dating, ex-spouses, or even parent to child abuse. There are two main types of assault that Tennessee prosecutes, simple assault and aggravated assault. Being charged with either forms is an extremely serious circumstance, and it is important to know exactly what consequences are at stake in your case.

Aggravating Factors

An aggravated assault is a more serious and harmful version of a simple assault. Both simple and aggravated domestic assault are a knowing action to harm someone in their household, but are very different in specifics. There are stricter penalties and usually harsher consequences for those who are convicted of aggravated assault. The factors that distinguish an aggravated assault case from a simple one include:

  • Presence of a deadly weapon
  • Severity of injury
  • Criminal Record
  • Degree of offensiveness of the action

It takes a skill to identify the nature of a domestic violence case, and both require the help of a experienced attorney. What is considered reckless, seriously bodily injury, and a deadly weapon, can all be clarified by a lawyer that can guide those involved through the process of building a strategy in court.

State/Federal Penalties

Aggravated assault in Tennessee is a felony, while simple assaults are classified as a misdemeanor. In simple assault cases, defendants can be charged with up to 11 months and 29 days in jail with a fine of up to $2,500. In addition to this, law enforcement is legally allowed to posses all weapons involved in the assault and a protection order can be filed against those charged. Conversely, a felony charge can cause the alleged attacker 3-15 years in prison with a fine of up to $10,000.

False Allegations

Unfortunately, many individuals can be wrongly victimized in a domestic violence case or have a situation be overemphasized for the plaintiff’s financial benefit. In the case where false allegations for domestic assault were successfully proven, then the winning party can be compensated for their attorney payments, and other financial damages. Is is important that those charged with domestic assault do all they can to boost their credibility and hire a skilled attorney to help do so.

Call Our Nashville Domestic Violence Attorneys

If you have been charged with domestic violence, either aggravated or simple, you should do all you can to avoid the serious consequences at hand. At Horst Law, our Nashville domestic violence attorneys understand how frustrated you must feel in this difficult situation, and are here to represent you. Call Horst Law today at to learn more about defending yourself from domestic violence allegations.

Tennessee high school teacher accused of statutory rape

A high school biology teacher in Tennessee is facing statutory rape charges due to allegations that she engaged in sexual activity with five of her students, an article of The Tennessean reported on July 28.

According to reports, 24-year-old Marquita Alston sexually assaulted five of her 17-year-old students at Pearl Cohn High School. Statutory rape charges were filed against the teacher, who has since resigned from her position. Tennessee law enforcers who are collecting evidence against Alston believe that some of the sexual acts took place on the grounds of the high school campus. Alston is now free and at large after posting a bond worth $1,000.

Facing a sex-related charge or any other similar criminal offense can be frightening, especially if you are placed under investigation by law enforcement agents. If you are charged with a crime, a criminal defense attorney should tirelessly work to defend you. Find out how a Tennessee attorney at Horst Law can help you by calling .


Charge: Vandalism
Facing: 1 year
Result: Dismissed prior to trial

Sale of Marijuana

Charge: Sale of Marijuana.
Facing: 2 years, loss of civil liberties
Result: Reduced to simple possession and probation, after probation case may be
dismissed and expunged

Domestic Assault

Charge: Domestic Assault
Facing: 1 year, loss of right to own / possess a firearm
Result: Dismissed prior to trial

Rape 3

Charge: Rape, Aggravated Sexual Battery
Facing: 85 years in prison no parole
Result: Not guilty verdict all counts

Rape 2

Charge: Rape
Facing: 8-12 years prison, and Sex Offender Registry for life
Result: Case reduced to simple Assault, probation, case then dismissed and expunged