Tennessee: Adult Convictions (TN-C-1)

Records relating to certain misdemeanor and class E felony convictions can be expunged five years after sentence completion, so long as the person has no more than two convictions. Tenn. Code Ann. § 40-32-101(g), (k).

Record Detail(s)

Misdemeanor

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See subsection (g)(1) for eligible and ineligible offenses. Tenn. Code Ann. § 40-32-101. Additionally, a petitioner is ineligible under this section if the petitioner was convicted of a controlled substance offense involving a motor vehicle under Tenn. Code Ann. §55-50-102.

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see Tenn. Code Ann. § 40-32-101.

Fees

There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x).

Effect

The person is restored to pre-arrest status and need not disclose the arrest, charge, or conviction in response to any inquiry. Legally, the conviction never occurred, and no collateral consequences can be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12).

Waiting Periods

The petition can be filed five years after sentence completion.

Back to Tennessee