⚖️ Tennessee Expungement and Pardon Laws
🧹 Expungement
Tennessee allows expungement of certain arrests, dismissed charges, diversion cases, and eligible convictions under Tenn. Code Ann. § 40-32-101.
✅ Cases Eligible for Expungement
A person may qualify if:
- Charges were dismissed
- The person was found not guilty
- No indictment was returned
- The prosecutor dropped the case
- The arrest did not result in charges
- The person successfully completed:
- Pretrial diversion
- Judicial diversion
In many non-conviction cases, expungement may be requested immediately after the case ends.
📋 Conviction Expungement
Tennessee permits expungement of certain eligible convictions, including some:
- misdemeanors
- Class E felonies
- limited Class D and Class C felonies
Examples Often Eligible
- Theft offenses
- Drug possession
- Forgery
- Passing worthless checks
- Criminal simulation
❌ Offenses Generally NOT Eligible
- DUI
- Violent offenses
- Domestic violence offenses
- Sex offenses
- Offenses involving children
- Most serious felonies
⏳ Waiting Periods
The waiting period begins after completion of:
- incarceration
- probation/parole
- payment of fines, fees, and restitution
Typical Waiting Periods
- Eligible misdemeanors: 5 years
- Eligible felonies: 5 to 10 years, depending on offense
🔢 Limits on Expungement
Tennessee generally allows:
- up to 2 misdemeanors, or
- 1 felony and 1 misdemeanor
to be expunged if all offenses qualify.
🛤️ Diversion Programs
📝 Pretrial Diversion
Certain first-time offenders may enter diversion before conviction. After successful completion, the charge may be expunged.
⚖️ Judicial Diversion
A judge may defer adjudication for certain offenders. Upon successful completion of probation, the case may later be expunged.
🕊️ Pardon
Tennessee governors may grant executive clemency, including:
- pardons
- commutations
- reprieves
Applications are reviewed through the:
Tennessee Board of Parole
A pardon does not automatically erase a criminal record, but in some situations a pardoned offense may later qualify for expungement.
🧾 Effect of Expungement
When an expungement is granted:
- the record is removed from public access
- the person may generally lawfully deny the arrest or conviction in most situations
- law enforcement and certain government agencies may still retain limited access
🏛️ Filing Process
A petition is typically filed in the court where the case originated.
The process usually includes:
- Filing a petition
- Paying applicable fees
- Prosecutor review
- Court approval
Some dismissal and acquittal expungements are free.
📚 Main Statute
Primary Tennessee expungement law:
- Tenn. Code Ann. § 40-32-101