Clearing a Tennessee Criminal Record

A Tennessee criminal record can follow a person through every background check for housing, employment, professional licensing, and security clearance. For eligible cases, the law allows that record to be cleared. An expunction, when granted, restores the petitioner — in the contemplation of the law — to the same status occupied before the arrest, indictment, trial, and conviction. Brooks Law Firm assists clients with expungement petitions in Shelby County and the surrounding area.

Tennessee’s expungement framework is codified principally in Tenn. Code Ann. § 40-32-101 and, following a 2025 legislative reorganization, in new companion sections including § 40-32-106, § 40-32-107, and § 40-32-108. Separate provisions govern expungement following pretrial diversion (§ 40-15-105) and judicial diversion (§ 40-35-313). Each category has its own eligibility rules, waiting periods, and fees.

“Eligibility for expungement is not the same as automatic expungement. The record does not clear itself. It is cleared by a petition, filed in the right court, supported by the right documents.”

What Can Be Expunged

Dismissed Charges

Charges disposed by dismissal, nolle prosequi, or acquittal are generally eligible for expungement with no fee under the relevant statutes. This includes charges that were dropped, not pursued by the State, or resulted in a not-guilty verdict.

Diversion Completions

Successful completion of pretrial diversion (§ 40-15-105) or judicial diversion (§ 40-35-313) allows the petitioner to apply for expungement of the related arrest, trial, and dismissal records.

Conviction Expungement — Misdemeanors

Most misdemeanor convictions committed on or after November 1, 1989 are eligible, subject to specified exclusions (including DUI, sexual offenses, and domestic assault). A conviction for simple assault committed on or after July 1, 2000 has been eligible since 2021 amendments.

Conviction Expungement — Class E Felonies

Many Class E felony convictions are eligible after the applicable waiting period, subject to exclusions such as sexual offenses, certain violent offenses, and offenses involving the use of a deadly weapon.

Two-Conviction Expungement

Under the two-conviction pathway, a petitioner may seek expungement of up to two qualifying offenses — either two misdemeanors, one misdemeanor and one Class E felony, or (with a longer wait) one misdemeanor and one Class C or D felony. This path may be used only once.

Successful Defense of Order of Protection

Where a petition for an order of protection under Title 36, Chapter 3, Part 6 was successfully defended and denied by the court, the records may be expunged at no cost upon petition.

Human Trafficking Victims — § 40-32-105

A separate expungement pathway exists for offenses that resulted from the petitioner’s status as a victim of human trafficking under § 39-13-314. Eligibility requirements are specific to that section.

Mistaken Identity

If an arrest was the result of mistaken identity, the petitioner may request an expedited expungement, and the TBI is directed to expunge the records in an expedited manner upon a finding by the court.

What Generally Cannot Be Expunged

Tennessee law excludes certain offenses from expungement regardless of the passage of time or rehabilitation. Commonly excluded categories include:

  • DUI convictions, including related implied-consent violations.
  • Sexual offenses as defined by § 40-39-202 and related provisions.
  • Domestic assault convictions under § 39-13-111 (per § 40-32-101(g)(1)(B)).
  • Most Class A and Class B felonies.
  • Offenses involving the use, attempted use, or threatened use of physical force against another, and offenses involving a deadly weapon.
  • Offenses against minors, elderly or vulnerable adults, and certain offenses against law enforcement officers.

The specific exclusions are technical and often turn on the exact subsection of the underlying statute under which the person was convicted. A careful record review is the starting point for any expungement analysis.

Waiting Periods

  • Dismissals, nolle prosequi, and acquittals: no waiting period.
  • Diversion completions: upon successful discharge, the petition may be filed.
  • Single misdemeanor or Class E felony conviction: generally five years from completion of sentence, including probation or parole.
  • Two-conviction (misdemeanors or misdemeanor + Class E): five years from completion of the most recent sentence.
  • Two-conviction (involving a Class C or D felony): ten years from completion of the most recent sentence.

Waiting periods run from completion of sentence, not from entry of judgment. If fines, court costs, restitution, or supervision remain outstanding, the clock has not started.

The Process

1. Record Review

We begin by pulling the complete court record for each case — not just what the petitioner remembers or what a background check shows. A subsection of the charging statute that seems minor can determine eligibility.

2. TBI Certification

For most conviction expungements, the Tennessee Bureau of Investigation provides a certificate confirming eligibility. This certification is part of the petition package.

3. Filing the Petition

The petition is filed in the court where the original case was handled — typically General Sessions Court or Criminal Court of Shelby County. Filing fees apply to most conviction expungements; dismissals, acquittals, and certain other categories are filed at no cost.

4. District Attorney Response

The District Attorney General has 60 days from service to respond to the petition. Under 2021 amendments, the court may not enter an order granting or denying a conviction expungement sooner than 61 days after service on the District Attorney.

5. Court Ruling

For eligible conviction expungements, there is a rebuttable presumption of expungement under Tenn. Code Ann. § 40-32-101(g)(5)(B). The court weighs the interests of the petitioner against the best interests of justice and public safety. A hearing is not always held but may be scheduled if eligibility or the record is contested.

6. After Expunction

Once the order is entered, the court clerk, the TBI, the arresting agency, and other entities holding records are directed to remove or destroy them. The petitioner is legally restored to the status held before the arrest or conviction. Under § 40-32-101, the petitioner may lawfully answer “no” to questions about the expunged arrest or conviction on most applications.

Working With Brooks Law Firm

Expungement is often a straightforward proceeding once eligibility is confirmed. Getting eligibility right — the first time, with the correct documentation — is where the work is. We review the record, confirm eligibility against the current statute (which has changed multiple times in recent years), prepare the petition, and see the matter through to the entry of the expunction order. Spanish-language services are available.