Tennessee: Adult Diversion/Deferral Program (TN-D-1)

Records relating to a case dismissed after successful completion of a suspended prosecution are expunged by the court. Tenn. Code Ann. § 40-15-105(e).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

See subsection (a)(1)(B)(III) for offenses ineligible for suspended prosecution. Tenn. Code Ann. § 40-15-105. Charges relating to class B or C misdemeanors dismissed on or after July 1, 1999, are not sent to the Tennessee bureau of investigation for inclusion in the expunged criminal offender and pretrial diversion database.

Procedure General

The procedure is automatic. Ninety days after successful completion of the suspended prosecution period, the trial court dismisses the charge with prejudice. Thereafter the court sends a copy of the order of dismissal to the Tennessee Bureau of Investigation for entry into its expunged database. Tenn. Code Ann. § 40-15-105(e).

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 Tennessee Bureau of Identification is notified to enter the order into its expunged criminal offender and pretrial diversion database. Tenn. Code Ann. § 40-15-105(e).

Waiting Periods

Ninety days after successful completion of the suspended prosecution period, the trial court dismisses the charge with prejudice.

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