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. § 40-35-313 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. One of the few ways a domestic assault guilty plea can still end without a conviction thus allowing your record to be cleared. There is no judicial diversion for DUI; underage driving while impaired (T.C.A. § 55-10-415) is a separate offense that is not excluded.
If You Were Convicted: The Five-Year Rule
Under T.C.A. § 40-32-107, 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 cannot be expunged in Tennessee absent a governor’s pardon, 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.
Which Misdemeanor Convictions Qualify, and How Many
The starting point is generous. Under § 40-32-107(a), any misdemeanor conviction is eligible unless it appears on the statute’s list of exclusions, which runs to about 45 offenses. Besides DUI and domestic assault, the list includes stalking, child abuse, certain order-of-protection and firearm offenses, and an assault committed before July 1, 2000. Many of the everyday misdemeanors we see are not on it: misdemeanor theft, simple possession of a controlled substance, drug paraphernalia and underage driving while impaired (§ 55-10-415) can all be expunged once the wait has run. Since 2025, an attempt, facilitation or solicitation of an eligible offense qualifies as well.
The limits are about numbers and history:
- One conviction, or in some cases two. Subsection (a) allows one eligible conviction to be expunged. Subsection (b) allows two misdemeanors, or one felony and one misdemeanor, if each is otherwise eligible.
- One episode counts once. Convictions from a single continuous criminal episode are treated as one offense for this count.
- No earlier conviction expungement. You cannot have had a conviction expunged before under § 40-32-107(a), (b) or (c).
- Before any ineligible conviction. The offense you want to clear must have happened before any conviction that is itself ineligible.
- The whole sentence, paid. Every term of the sentence must be complete, and all fines, court costs and restitution paid.
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 §§ 40-32-106 and -107. 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.
Filing a Conviction Expungement in Shelby County
A conviction petition is filed in the court that entered the conviction, which for a Memphis misdemeanor means General Sessions at 201 Poplar. From there, § 40-32-108 sets a predictable sequence:
- The District Attorney’s office prepares the petition and the order.
- The TBI certifies whether the offense is eligible, and the court cannot enter an order without that certificate attached (§ 40-32-102(c)).
- The District Attorney’s office has 60 days to respond, and the court does not rule until at least day 61.
- An eligible petitioner has a rebuttable presumption in favor of the expungement. If the petition is denied, you must wait two years before filing again.
Fees, dismissals and diversion expungements are covered on our main expungement page.
Common questions
Does expunging a dismissed charge use up my one conviction expungement?
No. The limit counts earlier conviction expungements under § 40-32-107(a), (b) and (c). Dismissals and completed diversions are expunged under a different section, § 40-32-106, so clearing them does not count against the conviction limit.
When does the five-year wait start?
When the sentence is completed, not on the day you pleaded or were found guilty (§ 40-32-107). If you are not sure when your sentence ended, that date is one of the first things we confirm from the court file.
I have a DUI on my record. Can I still expunge a different misdemeanor?
It depends on the order. The misdemeanor has to have happened before any ineligible conviction, and DUI is ineligible, so a misdemeanor committed before the DUI conviction can still qualify. For an offense committed at least ten years after a single DUI, a 2026 law (Pub. Ch. 1061) opens a narrow path for people who complete a certified recovery court program. Offenses involving a vehicle and alcohol or drugs do not qualify, and the DUI itself still cannot be expunged.
What if I still owe fines or court costs on the old case?
They have to be paid before a conviction can be expunged (§ 40-32-107(a)). If the balance is a barrier, tell us at the start. Old costs are often the real work in these cases, and there may be ways to address them. See waiving court costs.
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.