Tennessee: Juvenile Court Records (TN-CR-6)

A record relating to any case in which there was a successful completion of a judicial diversion pursuant to section 37-1-129 will be expunged upon motion after one year. Tenn. Code Ann. § 37-1-153(f)(5).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

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 cost to the child. Tenn. Code Ann. § 37-1-153(f).

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 one year after the person successfully completed the judicial diversion program.

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