Tennessee Expungement Laws: T.C.A. § 40-32-101 Explained

Tennessee lets qualifying residents clear certain criminal records through expungement under T.C.A. §§ 40-32-106 through 40-32-110, with relief at no cost for dismissed charges and a petition-based process for eligible misdemeanor and felony convictions after a waiting period. The chapter was restructured by 2025 Public Chapter 268, which deleted the old text of § 40-32-101 and left that section as chapter definitions only.

Information last verified on September 1, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers expungement in Tennessee only. For a national comparison, see Expungement Laws by State.

Free Expungement for Dismissed Charges, Acquittals, and No True Bills

Tennessee law provides expungement at no cost for criminal records that never resulted in a conviction. Under T.C.A. § 40-32-106, created by 2025 Public Chapter 268, a person is entitled on petition to have those public records removed and destroyed without cost if the charge was dismissed for a reason other than completing a diversion program, a grand jury returned a no true bill, the person was arrested and released without being charged, a nolle prosequi was entered, or a verdict of not guilty was returned on all charges.

When a judge or jury returns a not guilty verdict on all charges, the judge must ask the acquitted person whether they want the associated public records removed and destroyed, at no cost and without the requirement of filing a petition. If the person says yes, the court so orders. A person who does not ask at that moment may apply to the court later.

For charges dismissed or nolle prosequied after the fact, the person applies to the court that had jurisdiction in the prior action. Records dismissed through successful completion of pretrial or judicial diversion run through a separate subsection and do carry the clerk's fee. A few situations are carved out, including an implied consent violation dismissed with costs and a case where the person was charged with several offenses and convicted of one of them. Courts must send the resulting expungement order to the Tennessee Bureau of Investigation within 30 days so the TBI can update its expunged offender database. [T.C.A. § 40-32-106; § 40-32-102(d); 2025 Tenn. Pub. Ch. 268 § 2]

Conviction Expungement: Eligible Misdemeanors and Felonies

Tennessee permits expungement of certain convictions through a petition process governed by T.C.A. § 40-32-107. To qualify, a petitioner must have fulfilled every requirement of the sentence, including payment of all fines, restitution, court costs, and other assessments, completion of any term of imprisonment or probation, and all conditions of supervised or unsupervised release. Where the sentence required it, the person must also have remained free from dependency on or abuse of alcohol or a controlled substance for at least one year.

The waiting period runs from completion of the sentence for the offense being expunged: five years for a misdemeanor or Class E felony, and ten years for a Class C or D felony.

Felony eligibility runs off enumerated lists, not a general class rule. The statute names specific Class C felonies, specific Class D felonies, and specific Class E felonies, plus an attempt, conspiracy, facilitation, or solicitation to commit one of them, for offenses committed on or after November 1, 1989. The same offense can appear on more than one list at a different citation. Theft is listed as theft of property under § 39-14-103 on the Class C and Class D lists, and as § 39-14-105(a)(2) on the Class E list. Forgery appears under § 39-14-114 on the Class C and D lists and under § 39-14-114(c) on the Class E list, while illegal possession or fraudulent use of a credit or debit card under § 39-14-118 appears on all three. Other listed offenses include criminal simulation, worthless checks, identity theft, home improvement fraud, vandalism, extortion, burglary other than of a habitation, and money laundering.

Drug offenses are split by schedule across the three lists. Schedule II in an amount less than 0.5 grams under § 39-17-417(c) sits on the Class C list. Schedule III and Schedule IV under § 39-17-417(d) and (e) sit on the Class D list. Schedule V under § 39-17-417(f), Schedule VII under § 39-17-417(h), marijuana between one half ounce and ten pounds under § 39-17-417(g)(1), and a third simple possession or casual exchange offense under § 39-17-418(e) sit on the Class E list.

Misdemeanors work the opposite way. Any misdemeanor committed on or after November 1, 1989 is eligible unless it appears on the statute's exclusion list. Assault under § 39-13-101(a)(1) or (2) is excluded only if the offense was committed before July 1, 2000. Convictions for offenses committed before November 1, 1989 have their own pathway, which turns on a nonviolence test and gives the district attorney general a 20-day window to object.

A prior conviction does not by itself disqualify a petitioner. Under § 40-32-107(a)(3)(A), the offense being expunged must have occurred before any conviction for an offense that is ineligible for expungement, including federal offenses and out-of-state offenses that would be ineligible in Tennessee, and the person must not have previously been granted an expungement under subsection (a), (b), or (c). A prior conviction for an offense that is itself eligible does not bar the petition. [T.C.A. § 40-32-107; 2025 Tenn. Pub. Ch. 268 § 2]

The Two-Offense Provision (T.C.A. § 40-32-107(b))

Tennessee also allows a single petition covering up to two offenses. Under T.C.A. § 40-32-107(b), an eligible petitioner is a person seeking expungement of no more than two offenses where each offense is itself on the eligible list in § 40-32-107(a)(1) and each occurred before any conviction for an offense that is ineligible for expungement. The permitted combinations are two misdemeanors, or one felony and one misdemeanor.

The waiting periods apply per offense and both must be satisfied: at least five years since completion of the sentence for any misdemeanor or Class E felony being expunged, and at least ten years since completion of the sentence for any Class C or D felony being expunged. A petitioner whose Class C felony sentence ended eleven years ago but whose misdemeanor sentence ended three years ago is therefore not yet eligible, because the five-year clock on the misdemeanor has not run.

The petitioner must have fulfilled every requirement of both sentences and must not have previously been granted an expungement under subsection (a), (b), or (c). Multiple convictions based on conduct that occurred contemporaneously, at the same location, as a single continuous criminal episode with a single criminal intent count as one offense. Because this pathway involves the most complex eligibility analysis, consulting a Tennessee-licensed attorney before filing is advisable. [T.C.A. § 40-32-107(b); 2025 Tenn. Pub. Ch. 268 § 2]

Judicial Diversion Under T.C.A. § 40-35-313

Judicial diversion is a separate pathway that avoids a formal conviction in the first place. Under T.C.A. § 40-35-313, a qualified defendant enters a conditional guilty plea; the court defers entry of a judgment of conviction and places the person on probation, typically for 6 to 18 months. If the probation term is completed successfully and all conditions are met, the court discharges the case and dismisses the charge. The person may then petition for expungement of the dismissed charge under T.C.A. § 40-32-106(d), and the clerk may charge up to $100 for that filing. That subsection bars expungement if the diverted offense was a sexual offense or a violent sexual offense. Judicial diversion is available for Class C, D, and E felonies and most misdemeanors. It is categorically unavailable for Class A and B felonies, DUI under T.C.A. § 55-10-401, sexual offenses, vehicular assault before the minimum sentence is served, and any offense committed by a public official in an official capacity. A defendant who has previously completed pretrial or judicial diversion, or who has a prior felony conviction or a prior Class A misdemeanor for which jail time was served, is also ineligible. If the court revokes diversion due to a violation, it may enter a judgment of conviction, which ends the dismissal and expungement pathway. [T.C.A. § 40-35-313; § 40-32-106(d)]

Offenses That Cannot Be Expunged

Tennessee law bars expungement for several categories of conviction, regardless of how much time has passed or the degree of rehabilitation. DUI convictions under T.C.A. § 55-10-401 are named on the misdemeanor exclusion list. Class A and B felony convictions appear on none of the eligible felony lists, which is what excludes murder, aggravated rape, especially aggravated robbery, kidnapping, and related violent offenses. Any offense that requires registration as a sex offender under Tennessee law is barred. Domestic assault convictions under § 39-13-111, including misdemeanor domestic assault, are excluded by name, as are stalking under § 39-17-315, violation of a protective or restraining order, and possession of a firearm while an order of protection is in effect. Vehicular assault, aggravated vehicular assault, vehicular homicide, and aggravated vehicular homicide are absent from the eligible lists and so cannot be expunged.

These exclusions apply whether the conviction arose from a guilty plea or a trial verdict, and they cannot be overcome by the passage of time. A pardon does not automatically produce an expungement either, though § 40-32-107(d) creates a narrow pathway for a person who was convicted of a crime the sentencing court finds to be nonviolent, received a positive vote from the board of parole, and received a pardon from the governor. [T.C.A. § 40-32-107(a)(1); § 40-32-107(d); § 40-32-106(b)]

How to File an Expungement Petition in Tennessee

Filing begins with confirming eligibility and gathering the case information, including the court docket number and a certified copy of the disposition. For a conviction expungement, the petition and the proposed order must be prepared by the office of the district attorney general and given to the petitioner to file with the clerk of the court where the case was heard. For dismissed charges and acquittals under § 40-32-106, the filing carries no cost; for eligible conviction and diversion expungements, the clerk may charge up to $100 under T.C.A. § 8-21-401(b)(1)(D)(x). Petitioners who cannot afford the fee may file a Uniform Affidavit of Indigency to request a waiver.

The clerk serves the petition on the district attorney general, who then has 60 days to submit recommendations to the court and provide a copy to the petitioner. The court may not enter an order granting or denying the petition sooner than 61 days after that service. If the petitioner qualifies under § 40-32-107(a)(1)(A) through (E) and meets the applicable requirements, there is a rebuttable presumption that the petition should be granted. If the court denies the petition, the petitioner may not file another for two years.

Before entering an order on a conviction petition or a diversion-based expungement, the court must review a Tennessee Bureau of Investigation certificate under T.C.A. § 40-32-102(c) stating whether the submitted offense is eligible. That certificate speaks only to the offense, not to the person, and the court retains the duty to determine whether the petitioner is eligible. After the judge signs the order, the clerk transmits it to the TBI within 30 days under § 40-32-102(d) for entry into the expunged offender database. Straightforward dismissal expungements move faster than conviction petitions, which cannot be decided inside the statutory 61-day window and often run several months. After expungement, the person is restored to pre-arrest status and may legally deny that the arrest or conviction occurred in response to most public inquiries. Law enforcement agencies retain sealed access to the record. [T.C.A. § 40-32-108; § 40-32-102(c); § 40-32-102(d); T.C.A. § 8-21-401]

Disclaimer: This article describes Tennessee expungement law as it existed on September 1, 2026, based on T.C.A. §§ 40-32-106 through 40-32-108 as created by 2025 Public Chapter 268, T.C.A. § 40-35-313, and related statutes. It is general legal information, not legal advice, and does not create an attorney-client relationship. Eligibility depends on the specific facts of each case. Consult a licensed Tennessee attorney before filing any expungement petition.

Sources

The following Tennessee government and official sources informed this article.

• Tennessee Administrative Office of the Courts, Expungements, tncourts.gov/expungements
• Tennessee Public Chapter No. 268 (2025), Senate Bill No. 1055, expunction statute restructure, publications.tnsosfiles.com
• Tennessee Code Annotated §§ 40-32-106 through 40-32-110, Expunction of Records
• Tennessee Code Annotated § 40-32-102, TBI Certification and Transmittal of Expunction Orders
• Tennessee Code Annotated § 40-35-313, Judicial Diversion Probation and Expungement
• Tennessee Code Annotated § 8-21-401(b)(1)(D)(x), Clerk Fee Authority
• Tennessee Bureau of Investigation, Diversions, Expungements and Dispositions, tn.gov/tbi
• UT County Technical Assistance Service, Expunging Court Records, ctas.tennessee.edu

Related Articles

• Expungement Laws by State
• DUI Expungement by State
• How to Check If Your Record Has Been Expunged

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This page covers Tennessee expungement law only. Laws change; verify current statutes at capitol.tn.gov before relying on any information here.

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