Can I Be Arrested for Not Wearing a Mask in Tennessee?
Mandatory mask wearing has been a controversial subject for many months around the country. Some states have issued a sweeping mandate while others, like Tennessee, have refrained leaving it to individual municipalities to decide and enforce. This can make it tricky for anyone traveling around the state to know whether they risk being arrested just for crossing an invisible boundary line that holds citizens to different rules.
The only thing that’s certain is that the law isn’t clear for everyone traveling in or through Tennessee, making it hard to know if you’re breaking the law. Being charged with a misdemeanor may not seem like a big deal to everyone but depending upon your employment, any arrest could mean a termination. It can be even worse for someone who has already had a brush with the criminal justice system and risks a probation violation if he or she so much as jay-walks.
Does Tennessee have a mask mandate?
The short version is that no, there is no state-wide Covid-19 mask mandate for Tennessee. That said, there are jurisdictions around the state where you can be arrested if caught with your mask down. As of November 18, 2020, the following counties do require masks to be worn in public places:
- Davidson
- Williamson
- Wilson
- Rutherford
- Sumner
- Montgomery
- Henry
- Robertson
- Wayne
- Warren
One of the biggest questions has been whether these mandates are even enforceable, which is something a criminal defense attorney may be able to argue on a case-by-case basis. While Governor Lee did not issue a mask mandate, he did issue an Executive Order limiting public gatherings to 10 people. Violation of an emergency Executive Order is a Class A misdemeanor.
What happens if I’m charged with a misdemeanor?
Under Tennessee Code § 40-35-111 your sentence will vary depending upon the severity of the crime, but you could face jail time and a fine, or a suspended sentence if convicted. You could be subject to the following penalties:
- For a Class A misdemeanor, you could serve up to 11 months and 29 days and/or pay a fine of up to $2,500.
- For a Class B misdemeanor, you may be facing up to 6 months in jail and/or a fine of up to $500.
- For a Class C misdemeanor, you could be incarcerated for up to 30 days and/or fined up to $50.00.
You may qualify for an expungement
If you are merely arrested for violation of a local mask mandate, or for violating the Governor’s execute order related to gatherings, it can still show up on your arrest record even if you’re not charged. If your case is disposed of, you may want to investigate whether you qualify for an expungement to clean the slate for future background checks, especially if you are a teenager who hasn’t yet entered the job market. Typically, the first step in determining eligibility is based on whether your crime is considered exempt. If does not appear on the exemption list, and you otherwise meet the criteria, you can apply.
Expungement is a legal process that allows an arrest to be erased from your record as if it never happened. That means educational institutions and employers will never have to learn about the arrest, which can have a substantial impact on the path your future takes.
While you can get certain expungements completed free of charge, it’s to your benefit to have a criminal defense attorney take care of it to ensure it is done properly and timely. Errors during the process can mean your record is never actually cleared, and that is not something you want to learn by being denied college admission or an employment opportunity.
Most law enforcement officers are not looking to arrest anyone for innocent mask violations; however, people who are frequently caught breaking the law or who are creating a serious risk to others may find that’s exactly what happens. If you find yourself in trouble for being on the wrong side of the county line without a mask, we may be able to help. Call the aggressive criminal defense attorneys at the Law Offices of Adrian H. Altshuler & Associates at 615-977-9370 to schedule your free case evaluation today, or we invite you to reach out to us through our contact form. We have offices in Franklin, Columbia, and Brentwood for the convenience of our clients across Tennessee.