Clearing a DUI From Your Record in Tennessee
Whether a DUI or DWI conviction can be expunged or sealed in Tennessee, and what to do instead if it can't.
Short 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. Tenn. Code Ann. §§ 40-32-107(a)(1)(D), (E), 40-32-106(a)(1)(F), (b)
| 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. |
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| 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. |
Where to get help in Tennessee
More Tennessee expungement & criminal records
- Getting a Copy of Your Tennessee Criminal Record
- Expunging or Sealing a Felony in Tennessee
- How to File for Expungement in Tennessee
- All Tennessee expungement & criminal records rules
FAQ
Can a DUI be expunged in Tennessee?
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.
How do you file for expungement in Tennessee?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.