Tennessee Expungement & Court Record Removal: 2023 Expansion Opens New Doors

Tennessee Expungement Law: A Statute That Has Evolved

Tennessee's primary expungement statute, T.C.A. § 40-32-101, has been amended multiple times over the past decade as the state legislature has gradually expanded access to record relief. The most recent significant expansion came in 2023 through SB 1474/HB 1449, which added additional offense categories to the eligible list and created fee waiver provisions for qualifying low-income petitioners. For more information, visit the Tennessee Courts.

Tennessee expungement is a petition-based process. There is no automatic sealing in Tennessee - every expungement requires a court filing, judicial approval, and coordination across multiple agencies. When expungement is granted, the record is expunged from the court's records, the Tennessee Bureau of Investigation (TBI) criminal history database, and arresting agency records. The petitioner can thereafter legally state on most applications that they have not been convicted of the expunged offense. Learn more about expungement vs. record sealing on our blog.

Tennessee expungement law covers two distinct categories: charges with no conviction (dismissed charges, acquittals, no-bills) and a defined list of conviction-based expungements for eligible offenses. The rules are quite different for each category. Learn more about court record removal on our blog.

Expungement for Dismissed Charges and Acquittals

Under T.C.A. § 40-32-101(a), a person who was charged with a crime but whose charge was dismissed, who was acquitted, or whose case resulted in a no-bill from a grand jury is eligible to petition for expungement of the arrest and court record. There is no waiting period for this category - you can file immediately after the final court disposition. For more information, visit the Tennessee Legislature.

This category is broad and does not depend on the nature of the original charge. A dismissed felony charge is just as expungeable under this provision as a dismissed misdemeanor. The only requirement is that there was no conviction on that specific charge.

Importantly, if you were charged with multiple counts and convicted of some while others were dismissed, the dismissed counts may be independently expungeable even though the conviction counts are not.

Conviction-Based Expungement Eligibility

Tennessee's conviction-based expungement is more restricted. To qualify, you must meet all of the following:

• The offense must be on the eligible list. T.C.A. § 40-32-101(g) contains a specific list of eligible offenses. This list was substantially expanded by the 2023 legislation and now includes numerous misdemeanors and Class E felonies. Higher-level felonies remain generally ineligible.
• You must have only one conviction on your record. If you have more than one conviction (not counting certain traffic offenses), you are generally ineligible for conviction-based expungement. This is a major limitation that blocks many people with multiple prior convictions.
• You must have completed your entire sentence, including probation, parole, and payment of all fines, fees, and restitution.
• Five years must have passed since sentence completion for most eligible offenses.

Notable Eligible Offenses (Post-2023 Expansion)

The 2023 expansion added a substantial number of offenses to the eligible list. Examples of eligible categories now include:

• Most misdemeanor drug possession offenses (first offense)
• Theft under $1,000 (Class A misdemeanor) - if first offense
• Simple possession or casual exchange (Class A misdemeanor)
• Vandalism under $1,000
• Criminal trespass
• Certain Class E felonies involving low-level drug offenses and property crimes
• Evading arrest (misdemeanor level)

Offenses that remain ineligible regardless of the 2023 expansion include: any violent offense, sex offenses and offenses requiring registration, DUI/DWI, domestic assault, child abuse, crimes against minors, and any offense involving a weapon when the underlying charge was a felony.

The Fee Structure and Fee Waivers

Tennessee has historically charged a $450 filing fee per offense for expungement - one of the higher fees in the country. This cost presented a significant barrier for many petitioners who could benefit from expungement but lacked the funds to pursue it.

The 2023 legislation created a fee waiver process for petitioners who qualify as indigent under the court's guidelines. To request a waiver, you file an affidavit of indigency along with your expungement petition. The court reviews your financial information and may waive all or part of the fee.

Even with a fee waiver, there may be additional administrative costs, and attorney fees (if you choose to hire one) are separate from the filing fee.

Step-by-Step: Filing for Tennessee Expungement

1. Verify your eligibility. Confirm that your offense is on the eligible list, that you have only one conviction, that your sentence is complete, and that five years have passed. The TBI's Tennessee Expungement Eligibility Lookup tool (available through TNCourts.gov) can help verify eligibility for dismissed charges.
2. Obtain your criminal history record. Request a copy from the Tennessee Bureau of Investigation (TBI) to confirm exactly what appears on your record. TBI criminal history requests can be made online or by mail.
3. Download and complete the expungement forms from TNCourts.gov. Tennessee has standardized expungement petition forms. Make sure you're using the current versions, as forms are periodically updated.
4. File with the clerk of court in the county where the conviction or arrest occurred. Pay the $450 fee or file your fee waiver affidavit simultaneously.
5. Serve the district attorney's office. Tennessee requires that you serve a copy of the petition on the district attorney. The DA has 30 days to object.
6. Attend the hearing (if scheduled). If the DA objects or the court requires a hearing, you or your attorney must appear. If there is no objection, many courts grant the petition without a hearing.
7. Order distribution. Once granted, the court distributes the expungement order to TBI, the arresting agency, and relevant court officials. TBI updates the criminal history within 30 days of receiving the order.

What Happens After Expungement - and Why Online Removal Still Matters

When Tennessee grants an expungement, the TBI removes the record from its criminal history database, and the court seals its records. TNCourts.gov - the state's online court case portal - is updated to reflect the expungement, and the record is removed from public view on the portal.

However, there is a significant gap between legal expungement and complete online removal. Data brokers and background check companies frequently copy Tennessee court records from TNCourts.gov and the TBI database on an ongoing basis. Records that were scraped before the expungement order will remain in those companies' databases unless they are specifically notified and the records removed.

This means that even after a successful Tennessee expungement, an employer or landlord who uses a third-party background check service - rather than the official TBI or TNCourts.gov portals directly - may still see the expunged record in the background check report. Addressing this requires direct outreach to each background check company and data broker, along with documentation of the expungement.

Tennessee Court Records: What Shows Where

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