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RODRIGUEZ v. STATE

No. M2011-01485-SC-R11-PC.

437 S.W.3d 450 (2014)

Jose RODRIGUEZ a.k.a. Alex LOPEZ v. STATE of Tennessee.

Supreme Court of Tennessee, at Nashville.

April 4, 2014.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Joseph F. Whalen , Solicitor General; James E. Gaylord , Assistant Attorney General; Victor S. Johnson, III , District Attorney General; and Dan Hamm , Assistant District Attorney General, for the State of Tennessee.

Sean Lewis , Nashville, Tennessee, for the petitioner, Jose Rodriguez.

Elliott Ozment , Tricia R. Herzfeld , and R. Andrew Free , Nashville, Tennessee, for the amici curiae, Tennessee Law Professors and the National Immigration Project of the National Lawyers Guild.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and CORNELIA A. CLARK, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

The petitioner, a Mexican citizen, entered a guilty plea to the misdemeanor charge of patronizing prostitution and was granted judicial diversion. After successfully completing his diversion, the petitioner's criminal record was expunged. More than three years after the entry of his plea...

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