________________________________________________________________________________
STATE OF TENNESSEE )
) ss.
[COUNTY] COUNTY )
________________________________________________________________________________
[PETITIONER FULL NAME],
Petitioner,
v.
STATE OF TENNESSEE,
Respondent.
________________________________________________________________________________
PETITION FOR EXPUNGEMENT
[CIRCUIT / GENERAL SESSIONS / CRIMINAL COURT]
Case No.: _______________
Original Case No.: _______________
________________________________________________________________________________
COMES NOW Petitioner [PETITIONER FULL NAME], appearing pro se, and petitions
this Honorable Court for an Order of Expungement of all public records related
to the criminal charge(s) identified herein, pursuant to Tenn. Code Ann.
§ 40-32-101, and in support thereof states as follows:
PARTIES AND JURISDICTION
- Petitioner [FULL NAME] is a resident of [CITY], [COUNTY] County, Tennessee.
- Petitioner was previously charged with/convicted of [OFFENSE NAME] in this
Court, Case No. [ORIGINAL CASE NUMBER].
- This Court has jurisdiction over this expungement petition pursuant to
Tenn. Code Ann. § 40-32-101(a), which provides that "all public records of
a person who has been charged with a misdemeanor or a felony shall, upon
petition by that person to the court having jurisdiction in the previous
action, be removed and destroyed without cost to the person" under the
conditions specified by law.
STATEMENT OF FACTS
- On or about [DATE], Petitioner was [arrested / charged / convicted] for
[OFFENSE NAME] in [COUNTY] County, Tennessee.
- The disposition of the charge(s) was as follows:
[ ] The charge was dismissed
[ ] A no true bill was returned by the grand jury
[ ] Petitioner was arrested and released without being charged
[ ] Petitioner was acquitted (found not guilty)
[ ] Petitioner was convicted and has completed all sentence requirements
[ ] Petitioner successfully completed judicial diversion under
Tenn. Code Ann. § 40-35-313
[ ] Petitioner successfully completed pre-trial diversion
- Petitioner has completed all terms of any sentence imposed, including:
[ ] Payment of all fines and court costs
[ ] Completion of probation or supervised release
[ ] Completion of any term of imprisonment
[ ] Completion of any court-ordered treatment or programs
[ ] Restitution paid in full
ELIGIBILITY FOR EXPUNGEMENT
- Petitioner is eligible for expungement under Tenn. Code Ann. § 40-32-101
because [SELECT ONE OR MORE]:
[ ] The charge was dismissed and Petitioner has never been convicted of
any criminal offense.
[ ] Petitioner was acquitted of all charges.
[ ] The grand jury returned a no true bill.
[ ] Petitioner was arrested and released without being charged.
[ ] Petitioner was convicted of an eligible offense, has completed all
sentence requirements, and the required waiting period has elapsed.
Waiting period since sentence completion: [NUMBER] years.
[ ] Petitioner successfully completed judicial diversion under
Tenn. Code Ann. § 40-35-313 and all charges were dismissed.
- Petitioner confirms that the offense for which expungement is sought is
NOT one of the following ineligible offenses under Tenn. Code Ann.
§ 40-32-101(h):
[ ] DUI under Tenn. Code Ann. § 55-10-401
[ ] Sex offense requiring registration under Tenn. Code Ann. § 40-39-202
[ ] Domestic assault under Tenn. Code Ann. § 39-13-111
[ ] Any offense involving a child victim
[ ] Any offense for which expungement is specifically prohibited by law
- Petitioner has [never previously had records expunged / previously had
records expunged under: specify offense and date].
AGENCIES TO BE NOTIFIED
- Upon entry of the Expungement Order, the following agencies shall be
notified to remove and destroy all records of the expunged charge(s):
[ ] [COUNTY] County Clerk's Office
[ADDRESS]
[ ] [COUNTY] County Sheriff's Office
[ADDRESS]
[ ] [CITY] Police Department
[ADDRESS]
[ ] Tennessee Bureau of Investigation
901 R.S. Gass Boulevard, Nashville, TN 37216
[ ] Tennessee Department of Correction (if applicable)
320 Sixth Avenue North, Nashville, TN 37243
[ ] Other: [AGENCY NAME AND ADDRESS]
PRAYER FOR RELIEF
WHEREFORE, Petitioner [FULL NAME] respectfully requests that this Court:
a) Enter an Order of Expungement directing that all public records of the
charge(s) identified herein be removed and destroyed pursuant to
Tenn. Code Ann. § 40-32-101;
b) Direct the [COUNTY] County Clerk to notify all relevant agencies of the
expungement order as required by Tenn. Code Ann. § 40-32-102;
c) Order that the Tennessee Bureau of Investigation remove the expunged
records from Petitioner's criminal history within sixty (60) days
pursuant to Tenn. Code Ann. § 40-32-102(b);
d) Grant such other and further relief as this Court deems just and proper.
VERIFICATION
I, [PETITIONER FULL NAME], swear or affirm under penalty of perjury under the
laws of the State of Tennessee (see Tenn. Code Ann. § 39-16-702) that the
facts stated in this Petition for Expungement are true and correct to the best
of my personal knowledge, information, and belief.
Executed this ___ day of _____________, 20___.
______________________________
Signature of Petitioner
[PETITIONER FULL NAME, printed]
[ADDRESS]
[CITY, STATE, ZIP]
[PHONE NUMBER]
[DATE OF BIRTH]
________________________________________________________________________________
FILING INSTRUCTIONS
Court: [CIRCUIT / GENERAL SESSIONS / CRIMINAL] COURT
(File in the court where the original case was heard)
Shelby County: Shelby County Circuit Court
140 Adams Avenue, Memphis, TN 38103
Phone: (901) 222-3900
Davidson County: Davidson County Circuit Court
1 Public Square, Nashville, TN 37201
Phone: (615) 862-5181
Knox County: Knox County Circuit Court
300 Main Street, Knoxville, TN 37902
Phone: (865) 215-2522
Filing Fee: $0 for dismissed charges, acquittals, no true bills
(free pursuant to Tenn. Code Ann. § 40-32-101)
For convictions: Approximately $350–$450 filing fee
(verify with clerk; fee waiver available)
Required Documents:
(1) Completed Petition for Expungement
(2) Certified copy of the final disposition (if available)
(3) Proof of sentence completion (if convicted)
(4) Certificate of eligibility from TBI (for some convictions)
Timeline: Court will schedule a hearing or review the petition.
If granted, agencies have 60 days to destroy records under
Tenn. Code Ann. § 40-32-102.
________________________________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify that on [DATE], I served a copy of this Petition for
Expungement on the District Attorney General for [COUNTY] County by
[first-class mail / hand delivery] at the following address:
District Attorney General
[COUNTY] County
[ADDRESS]
[CITY, STATE, ZIP]
______________________________
[PETITIONER FULL NAME]
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