Question 1

Can you get a criminal record expunged in Tennessee?

Accepted Answer

Tennessee calls record clearing "expunction." It means removing and destroying public records. It covers charges that did not end in conviction, cases dismissed after diversion, a limited list of eligible convictions, and certain pardoned nonviolent crimes. In 2025 the law was reorganized into separate sections of Title 40, Chapter 32. Only the Governor can grant clemency.

Question 2

Can you clear an arrest or dismissed charge in Tennessee?

Accepted Answer

On petition to the court that handled the case, all public records must be removed and destroyed at no cost if: the charge was dismissed (other than after diversion), a grand jury returned a no true bill, the person was arrested and released without charge, a nolle prosequi was entered, the person was found not guilty on all charges, the person was arrested due to mistaken identity (which may be expedited), or certain other situations apply. After a not-guilty verdict, the judge must ask whether the person wants the records destroyed without filing a petition. Expunction is not available if the person was convicted of a related offense from the same conduct, though they can then ask to have the non-convicted charges removed from electronic databases. It is also not available after a not-guilty-by-insanity finding. Charges dismissed after pretrial or judicial diversion can be expunged for the clerk's fee, except sexual or violent sexual offenses. If the court has no record of an arrest, the person may petition to expunge the arrest record.

Question 3

Can a misdemeanor be expunged in Tennessee?

Accepted Answer

Most misdemeanors committed on or after November 1, 1989 are eligible, except a long list that includes domestic assault, stalking, violating a protective order, certain assaults, certain sex-related and child-related offenses, certain firearm offenses, and DUI. The petition may be filed five years after the sentence is completed, if all fines, restitution and costs are paid and all terms of the sentence are met. The offense must have occurred before any conviction for an ineligible offense, and the person must not have been granted a conviction expunction before. A person may instead seek expunction of two offenses (two misdemeanors, or one felony and one misdemeanor) if each is eligible and the waiting periods are met. Offenses committed before November 1, 1989 qualify under separate non-violence criteria.

Question 4

Can a felony be expunged in Tennessee?

Accepted Answer

Only listed felonies committed on or after November 1, 1989 are eligible. These are mostly theft, fraud, forgery, vandalism, certain drug offenses, and similar Class C, D and E felonies. Class E felonies can be expunged five years after the sentence is completed, and the listed Class C and D felonies after ten years. All sentence conditions, fines, restitution and costs must be satisfied, the offense must predate any ineligible conviction, and it is generally a one-time remedy. Drug convictions do not qualify if the offense was committed with a commercial driver license in a motor vehicle, or in a commercial motor vehicle. The court weighs the petitioner's interest against justice and public safety. For eligible petitioners who meet the requirements, the law presumes, subject to rebuttal, that the petition should be granted.

Question 5

Does Tennessee have automatic record clearing (clean slate)?

Accepted Answer

The statutes reviewed include no automatic or "clean slate" clearing of conviction records. After a not-guilty verdict on all charges, the judge must ask the person whether they want the records destroyed at no cost without filing a petition. If the person says yes, the court orders it. Otherwise, expunction requires a petition.

Question 6

Can a DUI be expunged in Tennessee?

Accepted Answer

No. Driving under the influence (Tenn. Code Ann. § 55-10-401) is listed among the misdemeanors that cannot be expunged. Pre-1989 offenses that involved alcohol or drugs and a motor vehicle are also excluded. An implied-consent (test refusal) violation that was dismissed without costs can generally be expunged, except for commercial drivers.

Question 7

How do you file for expungement in Tennessee?

Accepted Answer

To expunge a conviction, petition the court where the conviction occurred. The district attorney general's office prepares the petition and proposed order and gives them to the petitioner to file with the clerk. The clerk serves the district attorney, who has 60 days to submit recommendations and may file evidence, including evidence under seal. The court rules no sooner than 61 days after service, after reviewing a TBI certificate and all evidence. If the petition is denied, the person must wait two years to file again. For dismissed charges and other non-conviction outcomes, petition the court that had jurisdiction over the case. TBI publishes the standard Order for the Expungement of Criminal Offender Record.

Question 8

How much does expungement cost in Tennessee?

Accepted Answer

Expunction of dismissed charges, no true bills, nolle prosequi, acquittals and similar non-convictions is free. Petitions to expunge charges dismissed after diversion, conviction expunctions, and arrest-record petitions are charged the court clerk's fee under Tenn. Code Ann. § 8-21-401.

Question 9

What happens after a record is expunged or sealed in Tennessee?

Accepted Answer

Expunction entitles the person to have all public records of the expunged matter destroyed. It restores the person, in the eyes of the law, to their status before the arrest, and the expunged conviction is treated as never having occurred. The person must not suffer collateral consequences from it and cannot be charged with perjury for not mentioning it. A person granted expunction who is otherwise eligible under state and federal law may buy a firearm and get a handgun carry permit. Records of expunged convictions are kept confidential by the clerk. Only the district attorney, the defendant and their lawyer, and the judge can see them, and they may be used only to enhance a sentence for a later crime.

Question 10

How do you get a pardon in Tennessee?

Accepted Answer

Only the Governor can grant executive clemency. The Board of Parole's Executive Clemency Unit processes all applications for commutation, pardon and exoneration under the Governor's criteria. A person convicted of a nonviolent crime who receives a favorable Board of Parole vote and a pardon from the Governor may then petition the court of conviction to expunge the records, if the judge finds the offense was nonviolent.

Question 11

Can old marijuana convictions be cleared in Tennessee?

Accepted Answer

The laws reviewed have no marijuana-specific expunction program. Some marijuana offenses appear on the general list of eligible felonies. Examples are Class E manufacture, delivery, sale or possession of between one-half ounce and ten pounds of marijuana, and third-offense simple possession or casual exchange. These follow the regular five-year waiting period and other requirements.

Question 12

How do I check my own criminal record in Tennessee?

Accepted Answer

The Tennessee Bureau of Investigation (TBI) is the state's central repository for criminal history and runs a name-based Tennessee criminal history check through its TORIS (Open Records) unit. The result shows whether the person has a Tennessee record, and juvenile information is generally not included. If you checked yourself and dispute the result, send fingerprints taken by a local law enforcement agency, a letter saying you dispute the findings for a fingerprint comparison. TORIS Unit: 615-744-4057, tbi.toris@tn.gov; TBI, 901 R.S. Gass Boulevard, Nashville, TN 37216-2639.

What relief the state offers	Tennessee calls record clearing "expunction." It means removing and destroying public records. It covers charges that did not end in conviction, cases dismissed after diversion, a limited list of eligible convictions, and certain pardoned nonviolent crimes. In 2025 the law was reorganized into separate sections of Title 40, Chapter 32. Only the Governor can grant clemency. Ch. 268, SB 1055) and on the Justia mirror of the 2025 Tennessee Code. Mirrors are allowed for Tennessee. Source: Tenn. Code Ann. §§ 40-32-101 to 40-32-110 (as reorganized by 2025 Pub. Ch. 268)
Arrests and dismissed charges	On petition to the court that handled the case, all public records must be removed and destroyed at no cost if: the charge was dismissed (other than after diversion), a grand jury returned a no true bill, the person was arrested and released without charge, a nolle prosequi was entered, the person was found not guilty on all charges, the person was arrested due to mistaken identity (which may be expedited), or certain other situations apply. After a not-guilty verdict, the judge must ask whether the person wants the records destroyed without filing a petition. Expunction is not available if the person was convicted of a related offense from the same conduct, though they can then ask to have the non-convicted charges removed from electronic databases. It is also not available after a not-guilty-by-insanity finding. Charges dismissed after pretrial or judicial diversion can be expunged for the clerk's fee, except sexual or violent sexual offenses. If the court has no record of an arrest, the person may petition to expunge the arrest record. Source: Tenn. Code Ann. §§ 40-32-106, 40-32-109
Misdemeanor convictions	Most misdemeanors committed on or after November 1, 1989 are eligible, except a long list that includes domestic assault, stalking, violating a protective order, certain assaults, certain sex-related and child-related offenses, certain firearm offenses, and DUI. The petition may be filed five years after the sentence is completed, if all fines, restitution and costs are paid and all terms of the sentence are met. The offense must have occurred before any conviction for an ineligible offense, and the person must not have been granted a conviction expunction before. A person may instead seek expunction of two offenses (two misdemeanors, or one felony and one misdemeanor) if each is eligible and the waiting periods are met. Offenses committed before November 1, 1989 qualify under separate non-violence criteria. Source: Tenn. Code Ann. § 40-32-107(a)-(b)
Felony convictions	Only listed felonies committed on or after November 1, 1989 are eligible. These are mostly theft, fraud, forgery, vandalism, certain drug offenses, and similar Class C, D and E felonies. Class E felonies can be expunged five years after the sentence is completed, and the listed Class C and D felonies after ten years. All sentence conditions, fines, restitution and costs must be satisfied, the offense must predate any ineligible conviction, and it is generally a one-time remedy. Drug convictions do not qualify if the offense was committed with a commercial driver license in a motor vehicle, or in a commercial motor vehicle. The court weighs the petitioner's interest against justice and public safety. For eligible petitioners who meet the requirements, the law presumes, subject to rebuttal, that the petition should be granted. Source: Tenn. Code Ann. §§ 40-32-107(a), 40-32-108(d)
DUI / DWI convictions	No. Driving under the influence (Tenn. Code Ann. § 55-10-401) is listed among the misdemeanors that cannot be expunged. Pre-1989 offenses that involved alcohol or drugs and a motor vehicle are also excluded. An implied-consent (test refusal) violation that was dismissed without costs can generally be expunged, except for commercial drivers. Source: Tenn. Code Ann. §§ 40-32-107(a)(1)(D), (E), 40-32-106(a)(1)(F), (b)
Past marijuana convictions	The laws reviewed have no marijuana-specific expunction program. Some marijuana offenses appear on the general list of eligible felonies. Examples are Class E manufacture, delivery, sale or possession of between one-half ounce and ten pounds of marijuana, and third-offense simple possession or casual exchange. These follow the regular five-year waiting period and other requirements. Source: Tenn. Code Ann. § 40-32-107(a)(1)(C)

How to apply	To expunge a conviction, petition the court where the conviction occurred. The district attorney general's office prepares the petition and proposed order and gives them to the petitioner to file with the clerk. The clerk serves the district attorney, who has 60 days to submit recommendations and may file evidence, including evidence under seal. The court rules no sooner than 61 days after service, after reviewing a TBI certificate and all evidence. If the petition is denied, the person must wait two years to file again. For dismissed charges and other non-conviction outcomes, petition the court that had jurisdiction over the case. TBI publishes the standard Order for the Expungement of Criminal Offender Record. Source: Tenn. Code Ann. §§ 40-32-106(e), 40-32-108; TBI expungement order form
Filing fee	Expunction of dismissed charges, no true bills, nolle prosequi, acquittals and similar non-convictions is free. Petitions to expunge charges dismissed after diversion, conviction expunctions, and arrest-record petitions are charged the court clerk's fee under Tenn. Code Ann. § 8-21-401. Source: Tenn. Code Ann. §§ 40-32-106(a), (d)(3), 40-32-108(a), 40-32-109(e)
Automatic (clean slate) relief	The statutes reviewed include no automatic or "clean slate" clearing of conviction records. After a not-guilty verdict on all charges, the judge must ask the person whether they want the records destroyed at no cost without filing a petition. If the person says yes, the court orders it. Otherwise, expunction requires a petition. Source: Tenn. Code Ann. § 40-32-106(e)(2)
Getting a copy of your criminal record	The Tennessee Bureau of Investigation (TBI) is the state's central repository for criminal history and runs a name-based Tennessee criminal history check through its TORIS (Open Records) unit. The result shows whether the person has a Tennessee record, and juvenile information is generally not included. If you checked yourself and dispute the result, send fingerprints taken by a local law enforcement agency, a letter saying you dispute the findings for a fingerprint comparison. TORIS Unit: 615-744-4057, tbi.toris@tn.gov; TBI, 901 R.S. Gass Boulevard, Nashville, TN 37216-2639. Source: Tennessee Bureau of Investigation, TORIS memorandum (January 2022)

Tennessee Expungement Laws: How to Clear or Seal a Criminal Record

Quick answers for Tennessee

Who qualifies

How to apply

After your record is cleared

Where to get help in Tennessee

Expungement & Criminal Records FAQ

More Tennessee law