Tennessee: Juvenile Court Records (TN-CR-5)

A record relating to any case in which there is a successful completion of an informal adjustment without adjudication or pretrial diversion under section 37-1-110, will be expunged upon motion if the court determines that the expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f)(4).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).

Procedure General

A motion must be filed with the juvenile court to request the expungement of all court files and records. Tenn. Code Ann. § 37-1-153(f).

Fees

There is no statutory language regarding fees.

Effect

The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).

Waiting Periods

The motion can be filed at any time.

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