Expunging or Sealing a Felony in Tennessee

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.

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.

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.