How to 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.

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.

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.

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.