Tennessee Expungement & Record Sealing Guide

Who Qualifies for Expungement in Tennessee?

Tennessee expungement is available for non-convictions and a defined list of qualifying convictions under T.C.A. § 40-32-101.

Non-Convictions (Dismissed Charges / Diversions)

• Charges dismissed by the court: eligible — no waiting period
• Successful completion of a pretrial diversion program: eligible upon completion
• Acquittals: eligible immediately
• Charges no-billed by a grand jury: eligible

Qualifying Misdemeanor Convictions

• Most misdemeanor convictions where no jail time was served (or jail time was less than 1 year) are eligible after 5 years from completion of sentence
• Must have no other convictions in the 5-year waiting period
• Must have paid all fines, court costs, and restitution

Qualifying Felony Convictions (Limited List)

Tennessee allows expungement of a defined list of Class E felonies under § 40-32-101(g). The list includes select theft, fraud, and drug possession offenses. You must have:

• Completed all sentence requirements
• Waited at least 5 years since completion
• No additional convictions during the waiting period
• Only one prior felony expungement in your lifetime

Not Eligible

• DUI convictions
• Sex offenses
• Domestic assault convictions
• Violent felonies
• Most Class A–D felonies

Step-by-Step: How to Clear Your Record in Tennessee

1. Request your criminal history — Order from the Tennessee Bureau of Investigation (TBI) to confirm your complete record. TBI charges a processing fee.
2. File the petition in the court where the charge or conviction occurred. Different forms apply for non-convictions vs. convictions — obtain from the court clerk.
3. Pay the fees: court filing fee (~$100) plus a mandatory TBI processing fee of $350 for conviction expungements. Non-conviction expungements are free of the TBI fee.
4. The District Attorney's office reviews — They may object. If no objection for eligible petitions, the court often grants administratively.
5. Order issued — TBI updates the statewide criminal history database. The court's records are cleared.

Waiting Periods

• Dismissed charges / pretrial diversion completion: No waiting period
• Acquittals: No waiting period
• Qualifying misdemeanor convictions: 5 years after sentence completion
• Qualifying Class E felony convictions: 5 years after sentence completion

Costs

• Non-conviction expungement: Court filing fee only (~$100 in most counties)
• Conviction expungement: ~$100 court fee + $350 TBI processing fee = approximately $450 minimum
• Attorney fees: $500–$2,000 depending on case complexity

Tennessee's $350 TBI fee is a significant barrier for many petitioners. Some counties have legal aid organizations that can help cover costs for qualifying low-income individuals. Contact Tennessee Alliance for Legal Services (tals.org) to find free assistance.

What Record Clearing Does (and Doesn't) Do in Tennessee

After a successful expungement or sealing in Tennessee, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Tennessee for advice specific to your situation.