Expunging a Criminal Record in Tennessee (2026)
Reviewed by DocDraft Legal Team · Tennessee · Last updated August 19, 2026
Tennessee calls its record-clearing relief expungement, governed by T.C.A. 40-32-101. Non-convictions such as dismissals, acquittals, no true bills, and successfully completed diversions can be expunged, often at no cost. Certain eligible convictions can also be expunged, generally five years after the sentence is fully completed, for a fee. Tennessee excludes DUI, sexual offenses, and serious or violent felonies, and it has no automatic clean-slate sealing, so relief requires a petition in the court where the case was heard.
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What record-clearing relief does Tennessee offer and what is it called?
Tennessee offers expungement under T.C.A. 40-32-101, which destroys the public record. It covers non-convictions such as dismissals, acquittals, and no true bills, completed diversions, and a defined list of eligible convictions. Tennessee has no automatic clean-slate sealing, so every expungement requires a petition.
What is eligible for expungement in Tennessee and what is the waiting period?
Non-convictions are expungeable right after the case ends. Eligible misdemeanors and eligible Class E felonies expunge five years after the sentence is fully completed; eligible Class C and D felonies require ten years. You must first pay all fines, restitution, and court costs under T.C.A. 40-32-101.
Can you expunge a felony conviction in Tennessee?
Yes, but only felonies on the statutory eligible list, such as certain theft, forgery, fraud, and lower-level drug offenses classed as Class E or eligible Class C and D felonies. DUI, sexual offenses, and Class A and Class B felonies are excluded. The felony must be fully completed and the waiting period met.
Does Tennessee have automatic clean-slate expungement?
No. Tennessee has no automatic clean-slate or auto-sealing law, so no record clears on its own. You must file a petition in the court where the case originated under T.C.A. 40-32-101. A 2017 amendment lets an eligible person expunge up to two convictions in defined combinations.
Tennessee Expungement Under T.C.A. 40-32-101: Non-Convictions, Eligible Convictions, and the Five-Year Wait
Tennessee's record-clearing relief is expungement under T.C.A. 40-32-101, which destroys the public record rather than merely sealing it. Non-convictions clear readily: dismissals, acquittals, no true bills, nolle prosequi, and charges resolved through successfully completed pretrial or judicial diversion can be expunged, usually with no filing fee, though a completed diversion carries a statutory fee. Eligible convictions are narrower. A defined list of misdemeanors and Class E felonies, plus certain Class C and D felonies, can be expunged once the entire sentence, including incarceration, probation, parole, fines, restitution, and court costs, is complete. The waiting period runs five years after completion for eligible misdemeanors and Class E felonies and ten years for eligible Class C and D felonies. Eligible Class E felonies include theft under T.C.A. 39-14-103, forgery, fraudulent use of a credit card, and lower-level drug possession offenses. A 2017 amendment lets an eligible person expunge up to two convictions, either two misdemeanors or one eligible felony paired with one misdemeanor. Tennessee excludes DUI convictions, sexual offenses, and Class A and Class B felonies, and it has no automatic clean-slate sealing, so relief always requires a petition filed in the court where the case was heard. Conviction expungement carries a fee of roughly $100. The Tennessee Bureau of Investigation maintains the state criminal history repository that the order updates.
Relevant Laws
Tennessee Expungement Statute (T.C.A. 40-32-101)
The core Tennessee expungement law. It authorizes destruction of public records for non-convictions such as dismissals, acquittals, and no true bills, for successfully completed diversions, and for a defined list of eligible misdemeanor and felony convictions, and it sets the filing fee for conviction expungement.
Eligible Convictions and the Waiting Period (T.C.A. 40-32-101(g))
Defines which misdemeanor and Class E, C, and D felony convictions qualify, requires the full sentence including fines, restitution, and court costs to be complete, sets a five-year wait for eligible misdemeanors and Class E felonies and ten years for eligible Class C and D felonies, and allows up to two eligible convictions in defined combinations.
Petition-Only Relief: No Automatic Clean Slate in Tennessee
Tennessee has not enacted automatic clean-slate or auto-sealing legislation, so no record clears on its own. Every expungement, whether for a non-conviction or an eligible conviction, requires a petition filed in the court where the case originated under T.C.A. 40-32-101.
No General Federal Expungement of State Records
There is no general federal law that expunges a Tennessee state conviction; record-clearing is set by Tennessee law under T.C.A. 40-32-101. A Tennessee expungement also does not bind federal immigration authorities, who may still consider the underlying conduct.
Regional Variances
Tennessee Expungement Eligibility Table (T.C.A. 40-32-101)
Relief type and name
Tennessee calls its relief expungement under T.C.A. 40-32-101, which destroys the public record rather than merely sealing it. It applies to non-convictions, completed diversions, and a defined list of eligible convictions. Relief is petition-based and filed in the court where the case originated.
Eligible offenses
Non-convictions such as dismissals, acquittals, no true bills, and nolle prosequi, plus successfully completed pretrial or judicial diversions. For convictions, a statutory list of eligible misdemeanors and eligible Class E felonies, plus certain Class C and D felonies, including theft under T.C.A. 39-14-103, forgery, fraudulent credit-card use, and lower-level drug possession offenses.
Waiting period by offense class
Non-convictions: none, expungeable once the case is resolved. Eligible misdemeanors and eligible Class E felonies: five years after the full sentence is completed. Eligible Class C and D felonies: ten years after completion. All fines, restitution, and court costs must be paid before a conviction is expunged.
Number of convictions allowed
A 2017 amendment lets an eligible person expunge up to two convictions in defined combinations, either two eligible misdemeanors or one eligible felony paired with one misdemeanor. The applicable waiting period tracks the more serious or more recent offense in the pair under T.C.A. 40-32-101.
Excluded offenses
DUI convictions, sexual offenses, and Class A and Class B felonies are excluded, along with other serious and violent offenses named in the statute's exclusion list. These convictions cannot be expunged under T.C.A. 40-32-101 regardless of how much time has passed since completion.
Clean-slate and automatic sealing status
Tennessee has no automatic clean-slate or auto-sealing law. No record clears without action, and every expungement requires a petition. Conviction expungement carries a fee of roughly $100, while non-conviction expungement is generally free. The Tennessee Bureau of Investigation maintains the repository the order updates.
Suggested Compliance Checklist
Confirm eligibility and the Tennessee waiting period
Before you file days after startingVerify under T.C.A. 40-32-101 that your case is a non-conviction or an eligible misdemeanor or Class E, C, or D felony, and that DUI, sexual offenses, and Class A and B felonies do not apply. Confirm five years have passed for a misdemeanor or Class E felony, or ten years for a Class C or D felony, after the full sentence completed.
Order your Tennessee criminal history and confirm sentence completion
Early, before preparing the petition days after startingGet your record from the Tennessee Bureau of Investigation to list each charge, county, court, and disposition accurately. Confirm every fine, restitution amount, and court cost tied to the case is paid, since an unpaid balance blocks a conviction expungement under T.C.A. 40-32-101.
Prepare the correct expungement petition
Before filing days after startingUse the petition or order form the county clerk provides for the type of relief, since non-convictions, diversions, and eligible convictions may use different forms. Enter the docket number, offense, and disposition exactly as they appear in the record so the court and the Tennessee Bureau of Investigation can match the case.
File in the originating court and pay or waive the fee
On the filing date days after startingFile with the clerk of the court that handled the original case, typically General Sessions or Criminal Court in that county. Pay the roughly $100 fee for an eligible conviction, confirm non-conviction expungements are free, and ask about any waiver. The district attorney may review and object to a conviction petition.
Confirm the signed order updates the state repository
After the order is granted days after startingKeep a certified copy of the signed expungement order and follow up to confirm the Tennessee Bureau of Investigation and background-check databases reflect the removal. Note that some law enforcement and licensing uses may retain limited access. An attorney can help if the district attorney objects or a hearing is contested.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm eligibility and the Tennessee waiting period | Verify under T.C.A. 40-32-101 that your case is a non-conviction or an eligible misdemeanor or Class E, C, or D felony, and that DUI, sexual offenses, and Class A and B felonies do not apply. Confirm five years have passed for a misdemeanor or Class E felony, or ten years for a Class C or D felony, after the full sentence completed. | - | Before you file |
| Order your Tennessee criminal history and confirm sentence completion | Get your record from the Tennessee Bureau of Investigation to list each charge, county, court, and disposition accurately. Confirm every fine, restitution amount, and court cost tied to the case is paid, since an unpaid balance blocks a conviction expungement under T.C.A. 40-32-101. | - | Early, before preparing the petition |
| Prepare the correct expungement petition | Use the petition or order form the county clerk provides for the type of relief, since non-convictions, diversions, and eligible convictions may use different forms. Enter the docket number, offense, and disposition exactly as they appear in the record so the court and the Tennessee Bureau of Investigation can match the case. | - | Before filing |
| File in the originating court and pay or waive the fee | File with the clerk of the court that handled the original case, typically General Sessions or Criminal Court in that county. Pay the roughly $100 fee for an eligible conviction, confirm non-conviction expungements are free, and ask about any waiver. The district attorney may review and object to a conviction petition. | - | On the filing date |
| Confirm the signed order updates the state repository | Keep a certified copy of the signed expungement order and follow up to confirm the Tennessee Bureau of Investigation and background-check databases reflect the removal. Note that some law enforcement and licensing uses may retain limited access. An attorney can help if the district attorney objects or a hearing is contested. | - | After the order is granted |
Frequently Asked Questions
Expunging an eligible conviction in Tennessee costs a fee of roughly $100 under T.C.A. 40-32-101, on top of confirming all fines, restitution, and court costs are paid. Expungement of non-convictions such as dismissals, acquittals, and no true bills is generally free. A completed diversion carries its own statutory fee. Ask the county clerk for the current amount and any available fee waiver.
Timing varies by county and by whether the case is contested. A non-conviction expungement can be processed in a few weeks once filed, while an eligible-conviction petition may take longer because the district attorney reviews it and a hearing may be set. After the judge signs the order, allow additional weeks for the Tennessee Bureau of Investigation and background databases to update.
A Tennessee expungement under T.C.A. 40-32-101 destroys the public record, so it should not appear on standard background checks or to most employers. However, certain law enforcement, court, and licensing uses can retain limited access in specific situations, and federal immigration authorities may still see the underlying arrest. Expungement is powerful but not always a complete erasure for every purpose.
Generally yes. Once a record is expunged under T.C.A. 40-32-101, the record is destroyed, so you usually may lawfully answer that you were not convicted of that offense on most private job applications. Some regulated fields, licensing boards, or law enforcement roles ask broader questions that reach expunged matters, so read the exact wording. An attorney can help if a specific application concerns you.
No. DUI convictions and sexual offenses are excluded from expungement under T.C.A. 40-32-101, along with Class A and Class B felonies and other serious or violent offenses. These remain on the record even after long periods and completion of the sentence. A dismissed or acquitted charge for one of these offenses may still qualify as a non-conviction, which is a separate track.
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