Tennessee Expungement Laws: T.C.A. § 40-32-101 Explained
Tennessee Expungement Laws: T.C.A. § 40-32-101 Explained
Tennessee lets qualifying residents clear certain criminal records through expungement under T.C.A. § 40-32-101, with free relief available for dismissed charges and a petition-based process for eligible misdemeanor and felony convictions after a waiting period.
Information last verified on May 29, 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 free expungement for criminal records that never resulted in a conviction. Under T.C.A. § 40-32-101(a)(1) (and now also § 40-32-106 following the 2025 statutory reorganization), a person whose charges were dismissed, resulted in a nolle prosequi, returned a grand jury no-true-bill, or ended in a not guilty verdict is entitled to have those public records destroyed at no cost. The statute states that no fee shall ever be charged in these circumstances. When a jury or judge returns a not guilty verdict on all counts, the presiding judge must ask the acquitted person whether they want their records removed and destroyed; if they say yes, the court issues the order immediately without requiring a separate petition. For charges dismissed or nolle prosequied after the fact, the person must file a written request with the clerk of the originating court, but no appearance is required. Arrests that produced no charging instrument are also covered. Courts must transmit the resulting expungement order to the Tennessee Bureau of Investigation within 30 days so the TBI can update its records. [T.C.A. § 40-32-101(a)(1); tncourts.gov]
Conviction Expungement: Eligible Misdemeanors and Felonies
Tennessee permits expungement of certain convictions through a petition process governed by T.C.A. § 40-32-101(g) (now also reflected at § 40-32-107 after the 2025 reorganization). To qualify, a petitioner must have completed the entire sentence, including any term of imprisonment, probation, parole, fines, restitution, and court costs. For most misdemeanor convictions and Class E felony convictions, the waiting period is five years after sentence completion. For eligible Class C and D felony convictions, the waiting period is ten years. The conviction must also have occurred on or after November 1, 1989. Eligible Class E felonies include theft under T.C.A. § 39-14-103, forgery under § 39-14-114, fraudulent use of a credit card under § 39-14-118, and certain drug possession offenses involving Schedule III, IV, or V controlled substances or small amounts (under 0.5 grams) of Schedule II substances. The 2021 reform legislation added 59 additional non-violent felony offenses to the eligible list, including certain Class C and D felonies involving property crimes, identity theft, and non-violent fraud. Eligible misdemeanors include most offenses not on the statutory exclusion list; misdemeanor assault convictions from offenses occurring on or after July 1, 2000 also became eligible under the 2021 reforms. The petitioner must have no other criminal conviction in any jurisdiction at the time of filing, except as allowed under the two-conviction provision described below. [T.C.A. § 40-32-101(g); 2021 Public Acts, Ch. 882]
The Two-Conviction Provision (T.C.A. § 40-32-101(k))
Prior to a 2017 legislative expansion, Tennessee limited conviction expungement strictly to individuals with a single prior conviction. T.C.A. § 40-32-101(k) now defines an "eligible petitioner" to include a person convicted of no more than two offenses, subject to specific constraints. Each offense must independently qualify for expungement under § 40-32-101(g). The permitted combinations are: two misdemeanors, or one eligible felony and one misdemeanor. Each offense must have occurred before any conviction for an ineligible offense. The waiting period tracks the most recent offense: five years if both offenses are misdemeanors or one is a Class E felony paired with a misdemeanor, and ten years if one offense is a Class C or D felony. Multiple offenses that arose from the same incident and the same course of conduct count as a single conviction for purposes of this provision. A petitioner may not have previously received a conviction expungement. Filing requires a single petition covering both convictions submitted to the court of conviction. Because this pathway involves the most complex eligibility analysis, consulting a Tennessee-licensed attorney before filing is advisable. [T.C.A. § 40-32-101(k); 2017 Public Acts, Ch. 283]
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, and the clerk may charge up to $100 for that filing. 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]
Permanently Ineligible Offenses
Tennessee law bars expungement outright 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 permanently ineligible. All Class A and B felony convictions are excluded, encompassing murder, aggravated rape, especially aggravated robbery, kidnapping, and related violent offenses. Any offense that requires registration as a sex offender under Tennessee law is permanently barred. Domestic assault convictions, including misdemeanor domestic assault, are ineligible. Stalking and aggravated stalking convictions cannot be expunged. Vehicular assault, aggravated vehicular assault, vehicular homicide, and aggravated vehicular homicide are also barred. Any conviction for an offense involving the abuse or exploitation of a minor is ineligible. 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 or by executive pardon alone (a pardon removes the conviction but does not automatically entitle the holder to an expungement order). [T.C.A. § 40-32-101(a)(1)(B); § 40-32-101(g)(1)]
How to File an Expungement Petition in Tennessee
Filing begins with confirming eligibility and gathering the case information, including the court docket number and certified copy of the disposition. The petition is filed with the clerk of the court where the original case was heard. For dismissed charges and acquittals, the filing is free; 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. Before the court enters an expungement order on a conviction case, it must obtain a certificate of eligibility from the Tennessee Bureau of Investigation confirming the offense qualifies; this requirement took effect January 1, 2024. After the judge signs the order, the clerk transmits it to the TBI within 30 days for entry into the expunged offender database. Total processing time from filing to confirmed TBI record clearance typically runs 6 to 12 weeks for straightforward cases and up to 4 to 6 months for conviction petitions requiring DA review. 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. § 40-32-101; T.C.A. § 8-21-401; tncourts.gov]
Disclaimer: This article describes Tennessee expungement law as it existed on May 29, 2026, based on T.C.A. § 40-32-101, 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.
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Sources
The following Tennessee government and official sources informed this article.
- Tennessee Administrative Office of the Courts, Expungements, tncourts.gov/expungements
- Tennessee Code Annotated § 40-32-101, Destruction or Release of Records (2024 ed.)
- 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
- Tennessee General Assembly, 2017 Public Acts Ch. 283 (two-conviction expansion)
- Tennessee General Assembly, 2021 Public Acts Ch. 882 (59 added eligible felonies)
- UT County Technical Assistance Service, Expunging Court Records, ctas.tennessee.edu
Related Articles
This page covers Tennessee expungement law only. Laws change; verify current statutes at capitol.tn.gov before relying on any information here.