How to Clear Your Criminal Record in Tennessee

What You Need to Know First

Tennessee expungement permanently destroys the record. When an expungement is granted in Tennessee, all public records are erased in the eyes of the law — the TBI removes records from its criminal history database, and the record is treated as if it never existed. You can legally say you were never arrested or convicted.

2025 statute reorganization: Tennessee reorganized its expungement statutes in 2025. What was in T.C.A. § 40-32-101 has been reorganized into §§ 40-32-106, 40-32-107, and 40-32-108. The substance of the law remains the same — this guide reflects current law as it applies under both frameworks.

Tennessee has three main pathways for clearing a criminal record. The right one depends on whether your case resulted in a conviction and what happened in your case.

Dismissed Charges

FREE — NO WAITING PERIOD

Dismissed charges, acquittals, nolle prosequi cases, and no true bills are eligible for free expungement with no waiting period. File with the court where your case originated. You don't need to appear in court for most dismissed charge expungements.

Conviction Expungement

$280 FEE — WAITING PERIOD

Eligible misdemeanors and certain felony classes can be expunged after a waiting period from completion of sentence. $280 filing fee. One conviction — or up to two under the two-conviction pathway. TBI must certify eligibility before the court can act.

Diversion Completion

PRETRIAL & JUDICIAL DIVERSION

Successful completion of pretrial diversion (T.C.A. § 40-15-105) or judicial diversion (T.C.A. § 40-35-313) results in dismissal of charges and eligibility for free expungement. One of the most powerful tools available for first-time offenders in Tennessee.

What Can — and Can't — Be Expunged

ELIGIBLE FOR EXPUNGEMENT

Dismissed charges — free, no waiting period
Acquittals — free, no waiting period
Nolle prosequi (prosecutor dropped case) — free
No true bill (grand jury declined to indict) — free
Pretrial diversion completion — free upon dismissal
Judicial diversion completion — free upon dismissal
Most misdemeanor convictions — after 5 years
Class E felony convictions — after 5 years
Class D felony convictions — after 8 years (2025 reduction)
Class C felony convictions — after 10 years
Up to two eligible convictions — two-conviction pathway
Human trafficking victims — all related convictions

NOT ELIGIBLE FOR EXPUNGEMENT

Class A and Class B felony convictions
Sexual offense convictions
DUI / vehicular assault convictions
Domestic violence convictions
Convictions requiring sex offender registration
More than one prior conviction (for single conviction pathway)
Pending criminal charges
Unpaid court costs, fines, or restitution

Dismissed "with costs": If your case was dismissed but shows "dismissed with costs" — you must pay the outstanding court costs before filing for expungement. If you cannot afford them, you may be able to request a waiver from the court.

Waiting Periods — Conviction Expungement

Waiting periods run from the completion of the sentence — including probation, parole, and payment of all fines, fees, and restitution. You must not have been convicted of any other offense during the waiting period.

Dismissed / acquitted / nolle prosequi

No wait

Misdemeanor conviction

5 years

Class E felony conviction

5 years

Class D felony conviction (reduced from 10 years in 2025)

8 years

Class C felony conviction

10 years

Diversion Programs — Tennessee's Most Powerful Tool

Tennessee's diversion programs allow eligible first-time offenders to have their charges dismissed and records expunged — completely free — upon successful completion. If you are facing charges or recently completed a diversion program, this is the strongest form of relief available.

Tennessee has two diversion pathways:

PRETRIAL DIVERSION — T.C.A. § 40-15-105

Available before conviction — agreement with prosecutor
Complete probation conditions — charges dismissed
Eligible for immediate free expungement upon dismissal
Available for misdemeanors and most Class C, D, E felonies
No prior felony convictions required

JUDICIAL DIVERSION — T.C.A. § 40-35-313

Court-supervised — plead guilty, deferred by judge
Complete probation conditions — plea withdrawn, charges dismissed
Eligible for immediate free expungement upon dismissal
Available for misdemeanors and Class C, D, E felonies
No prior felony convictions — judge has discretion

How to File — Step by Step

1

Get Your Tennessee Criminal History

Request your Tennessee criminal history from the Tennessee Bureau of Investigation at tn.gov/tbi. Review every case — the docket number, offense, disposition, and date. You'll need this information to complete your petition accurately.

2

For Conviction Expungements — Get TBI Certification First

For conviction expungements, the TBI must certify your eligibility before the court can enter an expungement order. Submit a request for a TBI eligibility certificate through the court clerk where your case was filed. The TBI will review and note whether your offense is eligible.

3

File Your Petition with the Court

File your petition in the court where your original case originated — either General Sessions Court or a criminal trial court depending on your case. Get petition forms from the Tennessee Courts at tncourts.gov. For dismissed charges — no filing fee. For conviction expungements — pay the $280 fee ($50 clerk + $60 TBI + $170 administrative).

4

Bring Self-Addressed Stamped Envelopes

Bring one self-addressed stamped envelope for each charge you want expunged. The court clerk uses these to mail you certified copies of each expungement order after processing. This is a Tennessee-specific step — don't skip it or you won't receive your proof of expungement.

5

Court Processing and TBI Removal

The court forwards your expungement order to the TBI within 30 days. The TBI removes your record from its TORIS criminal history database and notifies all other agencies. The Tennessee Department of Correction and all other agencies that received the order must also expunge their records. You do not need to appear in court for most dismissed charge expungements.

Official Forms

Tennessee Courts — Expungement Page

Official Tennessee Courts expungement page — forms, eligibility information, and county court links

Visit tncourts.gov →

TBI — Criminal History and Eligibility Check

Tennessee Bureau of Investigation criminal history checks and expungement eligibility certification

Visit tn.gov/tbi →

Tennessee Administrative Office of Courts

Official expungement information and updates from the Tennessee Administrative Office of the Courts

Visit tncourts.gov →

Find Your County Court

Find the General Sessions or Criminal Court in the county where your case was filed

Visit tncourts.gov →

Helpful Resources

FREE LEGAL HELP

Tennessee Alliance for Legal Services

Free and low-cost legal help for Tennesseans — including expungement clinics and assistance statewide

tals.org →

FREE LEGAL HELP

Legal Aid Society of Middle Tennessee

Free civil legal help for low-income Tennesseans in Middle Tennessee — including expungement assistance

las.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

CERTIFICATE OF EMPLOYABILITY

Tennessee Board of Parole

Apply for a Certificate of Employability if expungement is not available — helps with employment and licensing

tn.gov/boardofparole →

COURT LOCATIONS

Tennessee Courts

Find your county General Sessions or Criminal Court to file your expungement petition

tncourts.gov →

Frequently Asked Questions

Does Tennessee expungement truly erase the record? +

Yes — Tennessee expungement is one of the more thorough forms of record relief in the country. When granted, all public records are destroyed or removed from public access. The TBI removes your record from its criminal history database, and the Tennessee Department of Correction removes its records. You are restored to the same legal status you had before the arrest. You can legally say you were never arrested or convicted — without committing perjury.

What is the two-conviction expungement pathway? +

Since 2017, Tennessee allows expungement of up to two eligible convictions — not just one. Both offenses must independently qualify for expungement, both must have occurred before any conviction for an ineligible offense, and you must not have previously received a conviction expungement. The waiting period is 5 years from completion of the most recent sentence if both offenses are misdemeanors or a Class E felony paired with a misdemeanor — or 10 years if one offense is a Class C or D felony.

My case was dismissed "with costs." Can I still get it expunged? +

Yes — but you must pay the outstanding court costs first. "Dismissed with costs" means the case was dismissed but you still owe court costs. Pay them to the court clerk, then file for expungement. If you cannot afford to pay them, ask the court about a waiver. Once costs are paid or waived, the case is eligible for free expungement.

Can a felony be expunged in Tennessee? +

Yes — Class C, D, and E felonies can be expunged after the applicable waiting period. Class E felonies after 5 years, Class D felonies after 8 years (reduced from 10 years in 2025), and Class C felonies after 10 years. Class A and Class B felonies cannot be expunged. Sex offenses, DUI, and domestic violence convictions are also permanently excluded. You must have no more than two eligible convictions and must not have a prior ineligible conviction.

What is a retired case and how do I handle it? +

A "retired" case in Tennessee means the case was put on indefinite hold — the prosecution didn't pursue it but didn't officially dismiss it either. You cannot expunge a retired case directly. You must first request that the court change the case from "retired" to "dismissed" — then the dismissed case becomes eligible for free expungement. Contact the court clerk or the district attorney's office in the county where the case was filed to start this process.

Do I need an attorney? +

For simple dismissed charge expungements — many people file successfully on their own using the forms at tncourts.gov. You don't need to appear in court. For conviction expungements, the TBI certification requirement and the two-conviction pathway rules add complexity — working with an attorney or a legal aid clinic is recommended. Tennessee Alliance for Legal Services hosts expungement clinics across the state where you can get free help.

After Your Record Is Expunged

After expungement in Tennessee, all public records are destroyed or removed from public access. You are restored to the same legal status you had before the arrest. You can legally say you were never arrested or convicted on most job, housing, and financial applications.

✓

Employment

Expunged records are removed from the TBI database and do not appear on most background checks. You can legally say you were not convicted on most private job applications. Tennessee law prohibits most employers from discriminating based on expunged records. Law enforcement employers and certain licensed professions may still require disclosure.

✓

Gun Rights

Expungement of a misdemeanor conviction generally leaves gun rights intact. Expungement of a felony conviction under Tennessee law does not automatically restore federal firearms rights — federal law still applies. If you have a felony conviction and wish to possess a firearm, consult a licensed Tennessee attorney before purchasing or possessing a firearm.

✓

Professional Licensing

Expunged convictions generally cannot be used against applicants for professional licenses in Tennessee. However certain regulated professions — healthcare, law, education, childcare — may still require disclosure or have access. Contact the specific licensing board before applying to understand their requirements.

✓

Certificate of Employability

If expungement is not available for your conviction, Tennessee offers a Certificate of Employability through the Board of Parole. This certificate can help remove employment barriers and provides limited liability protection for employers who hire you. It's a useful tool while you wait for your waiting period to expire.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.