Turnbow Law | Criminal Defense | Tennessee
A criminal record follows you in ways that are easy to underestimate until you are living with one. A background check for a job, an apartment application, a professional license, a college admission, and the record surfaces. Tennessee does allow certain convictions and arrests to be expunged, which means removed from public view and, in most cases, legally sealed from employers and landlords. But the eligibility rules are specific, and not every charge qualifies. Turnbow Law works with clients across Tennessee on expungement petitions, and the first step is always figuring out whether a particular record is actually eligible.
What Expungement Actually Does to Your Record
When a Tennessee court grants an expungement, the records related to that arrest or conviction are removed from the publicly accessible criminal history maintained by the Tennessee Bureau of Investigation. Law enforcement agencies and courts retain their internal records, but civilian background check systems, the kind used by most employers and landlords, will no longer show the expunged entry.
Tennessee law also allows individuals whose records have been expunged to legally answer “no” when asked on job applications whether they have been convicted of a crime, with some exceptions for positions involving law enforcement, working with children, or other sensitive roles where full disclosure is still required by statute.
Expungement is not a pardon. It does not erase what happened or restore firearms rights lost due to a felony conviction. What it does is remove a significant barrier that affects daily life for a large number of Tennesseans who have already served their time.
Who Is Eligible for Expungement in Tennessee
Tennessee’s expungement law, codified at Tennessee Code Annotated Section 40-32-101, was significantly expanded in 2017 and again in subsequent years to cover a broader range of offenses. The current framework creates distinct categories of eligibility.
Dismissed Charges, Acquittals, and No True Bills
If your charges were dismissed, you were found not guilty at trial, or a grand jury returned a no true bill, you are generally eligible to have the arrest record expunged. There is no waiting period for most of these situations, and the process is available regardless of the underlying offense. This is the most straightforward category, though paperwork errors and procedural missteps can still complicate a petition if it is not handled carefully.
Judicial Diversion and Pretrial Diversion
Tennessee offers two diversion pathways for first-time offenders: pretrial diversion and judicial diversion. Both require the defendant to complete a probationary period without reoffending. Upon successful completion, the charges are dismissed and the record becomes eligible for expungement. Not all offenses qualify for diversion, and prosecutors have significant discretion in offering it. If you were placed on diversion and have completed the terms, expungement should follow, but it requires a separate petition to the court.
Expungement of Actual Convictions
This is where Tennessee law became meaningfully more useful in recent years. Certain Class E felonies and most misdemeanors are now eligible for expungement after a five-year waiting period following the completion of the sentence, including probation and parole. The offense must appear on the statutory list of eligible crimes found in TCA 40-32-101(g), and the person must have no other convictions on their record.
Offenses that are not eligible for expungement in Tennessee regardless of circumstances include:
• DUI convictions
• Sex offenses that require registration
• Violent felonies, including aggravated assault and robbery
• Any offense involving a victim under 18 where the defendant was an adult
How the Expungement Process Works in Tennessee Court
Expungement does not happen automatically. You must petition the court in the county where the charge or conviction originated. The petition must be served on the district attorney’s office, which has the opportunity to object. If no objection is filed, or if the court overrules any objection, a judge signs the expungement order and it is forwarded to the TBI and local law enforcement agencies to update their records.
There is a filing fee of $350 for expungement of convictions under Tennessee law. For dismissed charges, the fee is waived in most cases. The timeline from filing to a signed order typically runs several weeks to a few months, depending on the county and court docket.
The most common reason petitions are delayed or denied is incomplete documentation. Tennessee requires certified copies of the original judgment of conviction or dismissal, documentation of sentence completion, and proof that all court costs and fines have been paid. Missing any one of these can send the process back to square one.
What Happens If You Have More Than One Charge on Your Record
Tennessee’s single conviction rule is one of the most misunderstood aspects of expungement eligibility. For conviction expungements, you must have only one prior conviction total. If you were convicted of two separate offenses, even minor ones in different counties, neither is eligible for expungement under the current statute. This rule does not apply to dismissals or diversion completions, only to actual convictions.
There are legislative efforts periodically to expand these parameters, so eligibility rules can shift. What was not eligible two years ago may be eligible now. Checking current law or consulting with an attorney is worthwhile even if you looked into this before and were told you did not qualify.
Find Out Where You Stand with Turnbow Law
Expungement eligibility in Tennessee is not always obvious from a quick read of the statute. The interaction between offense type, sentence completion, prior record, and filing requirements means that the same set of facts can produce different outcomes depending on how the petition is prepared and presented.
Turnbow Law helps clients throughout Tennessee evaluate their eligibility and navigate the expungement process from start to finish. If a past charge or conviction is affecting your employment, housing, or other opportunities, contact our office today to go over the specifics of your record and find out what clearing it would actually take.
