Tennessee Expungement Petition — Your Filing Guide
What This Document Does
This is a Petition for Expungement filed in a Tennessee court. Filing this petition asks the court to order that all public records of your arrest, charge, or conviction be removed and destroyed. Once expunged, the records are gone — employers, landlords, and the public cannot see them.
When to Use This
Use this document if:
- You were charged with a crime in Tennessee and the charge was dismissed
- You were found not guilty (acquitted) at trial
- The grand jury returned a "no true bill" (did not indict you)
- You were arrested but never charged
- You completed judicial or pre-trial diversion and the case was dismissed
- You were convicted of an eligible offense and have waited the required time
Who Is Eligible for Expungement in Tennessee
Under Tenn. Code Ann. § 40-32-101, you ARE eligible if:
| Situation | Waiting Period | Cost |
|---|---|---|
| Charge dismissed | None | Free |
| Acquitted (not guilty) | None | Free |
| No true bill (grand jury) | None | Free |
| Arrested, never charged | None | Free |
| Judicial diversion completed | None | Free |
| Convicted of eligible misdemeanor | 5 years after sentence completion | $350+ |
| Convicted of eligible felony | 5 years after sentence completion | $450+ |
Who Is NOT Eligible
You CANNOT expunge records for:
- DUI convictions under Tenn. Code Ann. § 55-10-401
- Sex offenses requiring registration
- Domestic assault convictions under Tenn. Code Ann. § 39-13-111
- Offenses involving child victims
- Any offense specifically prohibited by law from expungement
Before You File
Gather these items:
- [ ] Case number and court where your case was heard
- [ ] Date of arrest and date of final disposition
- [ ] Certified copy of the final disposition (dismissal order, acquittal, diversion completion)
- [ ] Proof that you completed all sentence requirements (if convicted)
- [ ] Photo ID
- [ ] Payment method for filing fee (if applicable)
Step-by-Step Filing
- Complete the Petition form. Fill in every bracketed field with your real information.
- Check your eligibility. Make sure your situation matches one of the eligibility categories listed on the form.
- Attach required documents.
- Certified copy of the dismissal, acquittal, or diversion completion
- If convicted: proof of sentence completion (probation discharge, fine payment receipt)
- Make 3 copies. Keep one for yourself.
- Go to the court where your original case was heard.
- If your case was in Circuit Court, file there
- If your case was in General Sessions Court, file there
- If your case was in Criminal Court, file there
- File with the clerk. Pay the filing fee if required.
- Fee Waiver: If you cannot afford the fee, ask the clerk for an In Forma Pauperis (IFP) affidavit.
- Serve the District Attorney. After filing, you must mail a copy to the District Attorney's office in your county.
- Attend the hearing (if required). Some courts schedule a hearing; others review the petition without a hearing. The clerk will tell you.
What Happens After the Order Is Granted
Under Tenn. Code Ann. § 40-32-102:
- The court clerk sends the expungement order to all relevant agencies.
- Each agency (police, sheriff, TBI) has 60 days to remove and destroy the records.
- The Tennessee Bureau of Investigation removes the records from your criminal history.
- After 60 days, you can request a background check to confirm the records are gone.
At Your Hearing (If Scheduled)
Bring:
- Your stamped copy of the filed petition
- All supporting documents
- Photo ID
Say:
- "Your Honor, I am [YOUR NAME]. I am petitioning for expungement of [OFFENSE]."
- "The charge was [dismissed / I was acquitted / I completed diversion]."
- "I have attached proof of [dismissal / sentence completion]."
Key Tennessee Statutes
| Statute | What It Means |
|---|---|
| Tenn. Code Ann. § 40-32-101 | Main expungement law — eligibility and procedure |
| Tenn. Code Ann. § 40-32-102 | Agencies must destroy records within 60 days of the order |
| Tenn. Code Ann. § 40-35-313 | Judicial diversion expungement |
Court Locations
| County | Court | Address | Phone |
|---|---|---|---|
| Shelby | Circuit Court | 140 Adams Ave, Memphis, TN 38103 | (901) 222-3900 |
| Davidson | Circuit Court | 1 Public Square, Nashville, TN 37201 | (615) 862-5181 |
| Knox | Circuit Court | 300 Main Street, Knoxville, TN 37902 | (865) 215-2522 |
| Hamilton | Circuit Court | 625 Georgia Ave, Chattanooga, TN 37402 | (423) 209-6700 |
Legal Aid Resources
If you need free legal help:
- West Tennessee Legal Services: (901) 523-8822
- Legal Aid Society of Middle Tennessee: (800) 238-1443
- Legal Aid of East Tennessee: (423) 756-4013
- TN Justice Center: (615) 255-0331
- Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
After Expungement: Your Rights
Once your records are expunged:
- You may legally answer "no" when asked if you have ever been arrested or convicted for the expunged offense
- The records are removed from public background checks
- Private employers cannot see the expunged records
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Expungement laws are complex. Eligibility depends on the specific offense and your complete criminal history. For legal advice specific to your situation, legal advice, contact a licensed Tennessee attorney or the legal aid organizations listed above.
Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists.
Templates are for informational purposes only and do not constitute legal advice.