About clearing a record in Tennessee

Tennessee law lets you ask a court to expunge a charge that did not end in a conviction under TN Code § 40-32-106. It covers a dismissed charge, a no true bill, an arrest with no charge, a nolle prosequi, and a not guilty verdict. For these there is no cost. A charge dismissed after you finished diversion carries the clerk's fee. You file a petition in the court that heard the case.

Some convictions can be expunged too, under TN Code § 40-32-107. A misdemeanor qualifies unless the statute excludes it. So do the Class C, D and E felonies it names. You wait five years after your sentence ends for a misdemeanor or a Class E felony. You wait ten years for a Class C or D felony. All fines, restitution and court costs must be paid first. The offense must come before any conviction that cannot be expunged. You can expunge one offense. You can expunge two if both are misdemeanors, or one is a felony and one a misdemeanor. You can do it once. For a conviction, the district attorney general's office prepares the petition and proposed order. You file them with the clerk and pay the clerk's fee, under TN Code § 40-32-108.

Remedies in Tennessee

  • Expungement DIY