Expungement
A misdemeanor on a background check follows you into every job application, apartment lease, and licensing board review — often for something that happened years ago and never repeated. Tennessee law provides real paths to remove misdemeanors from your record, but the paths depend entirely on how the case ended. Here is the map.
If the Charge Was Dismissed: Expunge It Now, It Is Not Automatic
The most common misconception we hear: “the case was dismissed, so it’s gone.” It is not. A dismissed, nolled, retired-and-dismissed, or no-billed charge stays visible on your public record until you file for expungement. Dismissal-based expungements are fee-free in Tennessee and there is no waiting period — but someone has to actually file the petition with the Shelby County clerk. If you have old dismissed charges sitting on your record, that is the fastest cleanup available in all of criminal law.
If You Completed Diversion: Two-Step Cleanup
Judicial diversion under T.C.A. § 40-15-105 ends with the charge dismissed — and then, like any dismissal, it must be expunged by petition to disappear from public view. We routinely see completed diversions from years past that were never expunged because nobody told the client about step two.
If You Were Convicted: The Five-Year Rule
Under T.C.A. § 40-32-101(g), many misdemeanor convictions can be expunged once five years have passed since the sentence was completed, provided the offense is eligible and your overall record fits the statute’s limits. Most Class A, B, and C misdemeanors qualify. The significant exclusions are the ones people most want removed: DUI can never be expunged in Tennessee, and certain assault, domestic-related, weapons, and sex offenses are also excluded. Eligibility turns on the exact conviction on the judgment sheet — not on what you remember pleading to — so the first step is always pulling the disposition.
Why the Judgment Language From Years Ago Decides Everything
This is the part of expungement practice that rewards experienced counsel at the front end of a case: a plea negotiated today determines whether the record can be cleared five years from now. An amended charge that lands inside the eligible list, a diversion instead of a conviction, or a retirement structured for later dismissal are all outcomes worth bargaining for precisely because of § 40-32-101. When we defend a misdemeanor in Memphis, expungement eligibility is part of the strategy from the first court date, not an afterthought.
What an Expungement Actually Does
A granted expungement removes the charge from public records — the version employers and landlords see. You can lawfully answer “no” to conviction questions about an expunged charge in most contexts. It does not rewrite history for every government purpose, and multiple charges from the same incident have to be analyzed together, which is why we review the whole record before filing anything.
Want to know if your record qualifies? Call Brooks Law Firm at (901) 324-5000 or call/text (901) 412-2973 — we will pull the disposition and give you a straight answer. Facing a new charge? Start with our Memphis misdemeanor lawyer page or our criminal defense overview.