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UPDATE: Mitchell can have charge expunged

Marvin Mitchell wasn’t talking, but he walked out of Fourth General Sessions Court with a smile on his face Thursday morning.

Tennessee’s senior middle linebacker received diversion on his May 1 disorderly conduct charge.

Mitchell could have the Class C misdemeanor expunged from his record if he avoids trouble for the next 30 days and pays court costs.

Tennessee football coach Phillip Fulmer’s doghouse may be a little more difficult.

Mitchell was suspended indefinitely from the team after an incident at Rocky Top Market on Cumberland Avenue in the early morning hours of May 1.

He reportedly was verbally abusive and uncooperative when police officers asked him to leave the market.

It was Mitchell’s first bout with trouble during his career at UT.

He wasn't represented by a lawyer during his court appearance and refused to comment afterwards.

Fulmer said Mitchell would be allowed to return to the team if he remained incident free and dealt with the team’s internal punishment.

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