Tennessee: Adult Diversion/Deferral Program (TN-D-2)

Records relating to a misdemeanor or felony case dismissed upon the successful completion of pre-judgment probation can be expunged by the court. Tenn. Code Ann. § 40-35-313(b).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See subsection (a)(1)(B) for the definition of a qualified defendant. No records relating to a sexual offense as defined by section 40-39-202 will be expunged. Tenn. Code Ann. § 40-35-313(b).

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see Tenn. Code Ann. § 40-35-313.

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, unless the person becomes a plaintiff in a civil action based on the same occurrence as the criminal record. Tenn. Code Ann. § 40-35-313(b).

Waiting Periods

There is no waiting period.

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