Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For legal representation, contact Legal Aid Society of Middle Tennessee — 1-800-238-1443 or Memphis Area Legal Services — 901-523-8822.
Tennessee's expungement statute (T.C.A. § 40-32-101) allows eligible individuals to petition a court to destroy or seal their criminal records. Once an expungement is granted, the conviction is treated as if it never occurred for most purposes — including background checks by employers, landlords, and licensing boards.
Tennessee significantly expanded expungement eligibility in 2021 and 2023, adding additional Class D and Class E felonies to the eligible list. If you checked eligibility before and did not qualify, it is worth checking again — the law has changed. The 2023 amendments are currently in effect.
What Can Be Expunged in Tennessee
Under T.C.A. § 40-32-101. Waiting periods run from sentence completion date.
Dismissed Charges
Any charge that was dismissed, nolle prossed, or resulted in a not-guilty verdict is eligible for immediate expungement at no cost under T.C.A. § 40-32-101(a). File the petition in the court where the charge was dismissed.
Misdemeanors
Most misdemeanor convictions are eligible after a 3-year waiting period from sentence completion (payment of all fines, completion of probation, release from supervision). Certain misdemeanors involving domestic violence, DUI, or sexual offenses are excluded.
Class E Felonies
Certain Class E felonies are eligible after a 5-year waiting period from sentence completion. The statutory list is specific — not all Class E felonies qualify. The petition must be filed in the court of conviction.
Class D Felonies (Limited)
The 2023 expansion of T.C.A. § 40-32-101 added certain Class D felonies to the eligible list. Eligibility is offense-specific. Verify your specific charge against the statutory list before filing.
Diversion Agreements
Successful completion of judicial or pre-trial diversion (T.C.A. § 40-35-313) qualifies for expungement immediately upon discharge. Diversion expungements are treated as if no conviction occurred.
What Cannot Be Expunged
The following offenses are excluded from expungement under Tennessee law:
- Any Class A, B, or C felony (with narrow exceptions)
- DUI convictions
- Domestic assault convictions
- Sexual offenses (all categories)
- Violations of the sex offender registry
- Crimes involving a minor victim
- Murder, manslaughter, or criminally negligent homicide
- Aggravated assault or aggravated robbery
- Any offense requiring sex offender registration
How to File an Expungement Petition in Tennessee
Obtain Your Complete Criminal History
Request a certified copy of your Tennessee Criminal History from the Tennessee Bureau of Investigation (TBI). This is required to verify your charges, disposition dates, and sentence completion dates. The TBI charges a fee for this record. Your criminal history will show all Tennessee charges — you need to identify which are eligible and calculate the waiting period for each.
Verify Eligibility and Calculate the Waiting Period
Compare each charge on your record against T.C.A. § 40-32-101(g)(1), which lists the specific eligible offenses. For each eligible offense, calculate when the waiting period expires: 3 years from sentence completion for misdemeanors, 5 years for eligible felonies. Sentence completion means the date when all fines, court costs, probation, and supervision ended — not the conviction date.
Obtain the Petition Form from the Sentencing Court
The expungement petition must be filed in the court where the original conviction occurred. Tennessee has a standardized petition form (State of Tennessee Petition for Expungement) available at the clerk's office. For dismissed charges, no fee is required. For convictions, there is a $450 filing fee, which may be reduced or waived in cases of financial hardship.
Complete and File the Petition
Fill out the petition with your full name, date of birth, Social Security number, offense details, case number, and disposition information. Attach proof of sentence completion: probation discharge papers, final payment receipts for fines, and release from supervision. File at the clerk's office of the sentencing court. The clerk will assign a hearing date.
Serve the District Attorney's Office
Tennessee requires that the District Attorney's office in the district of conviction be served with a copy of the petition. The DA's office has 30 days to object. If no objection is filed, the judge may grant the expungement without a hearing. If the DA objects, you will be scheduled for a hearing at which you can present evidence of your rehabilitation and compliance.
Follow Up After the Order is Granted
Once the judge signs the expungement order, the court clerk forwards copies to the TBI, the arresting agency, and the court's own records. Allow 30–60 days for all records to be updated. After that period, request a new criminal history from TBI to confirm the record has been cleared. If any agency still shows the expunged record, you can file a compliance motion with the court.
Related Resources
Tennessee Specific
Tennessee Expungement Petition Package
Jurisdiction-correct expungement petition for Tennessee courts. Includes the State of Tennessee Petition for Expungement, eligibility analysis guide, proof-of-completion checklist, and filing instructions for all 95 counties. Updated for the 2023 eligibility expansion.
Get the Petition Package — $399Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For legal assistance in Tennessee, contact Legal Aid Society of Middle Tennessee — 1-800-238-1443.