Can I clear my record in Tennessee?

Expungement

Expunction of a conviction

An expunction restores you, in the eyes of the law, to the status you had before the arrest. The conviction is treated as never having occurred, you may not suffer adverse effects or collateral consequences because of it, and you are not guilty of perjury or a false statement if you don't mention the arrest, charge, trial or conviction in response to any inquiry, for any purpose (Tenn. Code Ann. § 40-32-110). Agencies and court clerks must destroy the public records within 60 days of the order, and the TBI removes the charge within 60 days of receiving it (§ 40-32-102). The TBI says it deletes rather than seals the charge and sends the order to the FBI. The court clerk keeps a confidential record that only the district attorney, you, your lawyer and the judge can see, and it can be used to increase the sentence if you are later convicted of a new crime (§ 40-32-108(f)). If you are otherwise allowed to have a gun under state and federal law, you may buy a firearm and apply for a handgun carry permit (§ 40-32-110(d)). Private background-check companies may still show the old record until you contact them (TBI). Don't count on an expunction to restore voting rights: the Davidson County clerk's petition checklist says a granted expunction "will not alter voting rights or any citizenship rights" and that further action is needed to restore them, and the TBI must share expunged information with the state Coordinator of Elections on request to check voting eligibility (§ 38-6-118(d)(3)). After a felony, voting rights are restored through a separate circuit court petition.^1,2,3

What it's for: Most misdemeanors and a fixed list of lower-level Class C, D and E felonies (mostly theft, fraud, forgery, non-residential burglary, vandalism and lower-level drug offenses), once the sentence is finished and the waiting period has passed.

Who can use it

• One misdemeanor committed on or after November 1, 1989, unless it is on the statute's exclusion list (Tenn. Code Ann. § 40-32-107(a)(1)(D)).
• One Class C, D or E felony committed on or after November 1, 1989 that appears on the statute's lists, including an attempt, conspiracy, facilitation or solicitation to commit it. The lists include theft, forgery, credit card fraud, worthless checks, identity theft (Class D), burglary of a building other than a home and of a car, vandalism, felony failure to appear, evading arrest in a car with no risk to others, money laundering, marijuana possession or sale of 1/2 ounce to 10 pounds, third-offense simple possession, and possession or sale of Schedule II drugs under 0.5 grams or of Schedule III, IV, V or VII drugs (§ 40-32-107(a)(1)(A)-(C)).
• Up to two convictions together: two misdemeanors, or one listed felony and one misdemeanor (§ 40-32-107(b)). Eligible convictions from one continuous criminal episode at the same time and place count as a single offense (§ 40-32-107(a)(1)(F), (b)(2)).
• Older convictions for offenses committed before November 1, 1989, if the offense did not involve force or a threat of force, a deadly weapon, a registrable sexual offense or a sexual offense involving a minor, death or injury, alcohol or drugs and a motor vehicle, sale of Schedule I or certain Schedule II drugs, a minor victim, or a loss of $60,000 or more, and you never had a conviction expunged after diversion (§ 40-32-107(a)(1)(E)).
• The offense must have happened before any conviction that can't be expunged, including federal or out-of-state convictions that would be ineligible in Tennessee (§ 40-32-107(a)(3)(A)(i)).
• You must have finished every part of the sentence: paid all fines, restitution, court costs and other assessments; completed any jail, prison or probation; met all conditions of release; and, if the sentence required it, stayed free of alcohol or drug dependency for at least 1 year (§ 40-32-107(a)(3)(C)).
• A conviction for illegal registration or voting (§ 2-19-107) can be expunged after a longer, 15-year wait (§ 40-32-107(c)).
• If you meet the requirements under § 40-32-107(a)(1)(A)-(E), the law presumes the petition should be granted, though the district attorney may present evidence against it and the judge weighs your interest against justice and public safety (§ 40-32-108(d)(2)).

What doesn't qualify

• Anyone who has already been granted a conviction expunction under § 40-32-107(a), (b) or (c). In general this route can be used only once (§ 40-32-107(a)(3)(A)(ii), (b)(1)(E)).
• Class A and Class B felonies, and any Class C, D or E felony that is not on the statute's lists (§ 40-32-107(a)(1)).
• Excluded misdemeanors, including DUI, domestic assault, assault by offensive or provocative physical contact (and any assault committed before July 1, 2000), violating an order of protection, stalking, child abuse or neglect of children in certain age ranges, reckless burning, aggravated criminal trespass, public indecency and indecent exposure, several firearm offenses, and listed sexual, obscenity and methamphetamine-precursor offenses (§ 40-32-107(a)(1)(D)).
• Drug offenses committed in a motor vehicle while holding a commercial driver license, or in a commercial motor vehicle while holding any driver license (§ 40-32-107(a)(2)).
• An offense committed after a conviction that can't be expunged (§ 40-32-107(a)(3)(A)(i)). Since July 1, 2026, a narrow exception applies to some people with one DUI conviction who completed a certified recovery court program (see the Recovery Court Renewal Act route).

How long you have to wait

How to apply

1. Check that the conviction is on the eligible lists (or is a misdemeanor not on the exclusion list), that the sentence is fully finished and paid, that the waiting period has passed, and that you have not had a conviction expunged before.
2. Contact the district attorney's office in the county where you were convicted. By law, the DA's office prepares the petition and proposed order and gives them to you to file (§ 40-32-108(e)); the TBI tells people to request a conviction expungement packet from the DA's office. Some counties, such as Davidson County, post the petitions online.
3. File the petition with the clerk of the court where you were convicted and pay the clerk's cost.
4. The clerk serves the district attorney, who has 60 days to send recommendations to the court and to you. Both sides may file evidence, and the DA may file some evidence under seal (§ 40-32-108(b)-(c)).
5. Before ruling, the court gets a TBI certificate saying whether the offense is eligible; the judge still decides whether you meet the other requirements (§ 40-32-102(c)). The statute doesn't require a hearing, so ask the clerk whether you need to appear.
6. The court rules no sooner than 61 days after the DA was served. If granted, ask for certified copies of the order and keep one; the court sends the order to the TBI within 30 days (§ 40-32-102(d); § 40-32-108(d)).
7. Check your TBI record later, and contact private background-check companies directly if they still show the case (TBI).

Where to file

The court where you were convicted (general sessions or criminal court), through its clerk. The district attorney's office for that county prepares the paperwork.

Cost

Court clerks may charge up to $100 for an expunction (Tenn. Code Ann. § 8-21-401). The Knox County District Attorney's office lists a non-refundable $100 clerk fee for conviction and diversion expungements. The TBI does not charge for the eligibility certificate (MTAS 2026 training with TBI staff). Separate state expunction fees were repealed effective July 1, 2019 (Public Chapter 200 of 2019). All fines, court costs and restitution from the case must be paid before you qualify.

How long it takes

The DA has 60 days to respond; the court rules no sooner than 61 days after the DA is served. The court sends a granted order to the TBI within 30 days, and agencies, clerks and the TBI remove the records within 60 days (§§ 40-32-102, 40-32-108).

The law

Tenn. Code Ann. §§ 40-32-107, 40-32-108, 40-32-110 (enacted in this form by Public Chapter 268 of 2025)

Official forms

• Petition to Expunge Records of Conviction under T.C.A. § 40-32-107(a) (Davidson County version)
• Petition to Expunge Records of Conviction under T.C.A. § 40-32-107(b), two offenses (Davidson County version)

Expungement

Expunction after a governor's pardon

Same effect as other expunctions: the public records are destroyed, the conviction is treated as never having occurred, and you may decline to mention it in response to any inquiry, though the court keeps a confidential record that can be used to increase a later sentence (Tenn. Code Ann. §§ 40-32-108(f), 40-32-110).^2,14,15

What it's for: Convictions for which the governor granted a pardon after a favorable Board of Parole vote, except a short list of the most serious offenses.

Who can use it

• You petitioned for and received a favorable vote from the Board of Parole to receive a pardon, and the governor granted the pardon (§ 40-32-107(d)(1)(B)-(C)).
• Since April 14, 2026 (Public Chapter 719), this route is no longer limited to nonviolent crimes. Instead, the judge must find the conviction is not one of the excluded offenses, and in deciding must consider whether the offense was violent and any other relevant factors raised by you or the district attorney (§§ 40-32-107(d)(1)(A), 40-32-108(d)(2)).
• The statute sets no waiting period after the pardon.

What doesn't qualify

• First or second degree murder, especially aggravated kidnapping, aggravated child abuse, especially aggravated robbery, an act of terrorism, a sexual offense that requires sex offender registration or any sexual offense involving a minor, or an attempt, conspiracy, facilitation or solicitation to commit one of these (§ 40-32-107(d)(1)(A)).

How long you have to wait

How to apply

1. After receiving the pardon, contact the district attorney's office in the county of conviction, which prepares the petition and proposed order (§ 40-32-108(e)).
2. File the petition with the clerk of the court where you were convicted. The DA has 60 days to respond, and the court rules no sooner than 61 days after service (§ 40-32-108).
3. Unlike the regular conviction route, there is no presumption in favor of granting; the judge weighs your interest against justice and public safety, including whether the offense was violent.

Where to file

The court where you were convicted, through its clerk.

Cost

Court clerks may charge up to $100 for an expunction (Tenn. Code Ann. § 8-21-401).

How long it takes

Order no sooner than 61 days after the petition is served on the DA (§ 40-32-108(d)(1)).

The law

Tenn. Code Ann. § 40-32-107(d), as amended by Public Chapter 719 of 2026

Expungement

Recovery Court Renewal Act expunction

Same effect as other expunctions (Tenn. Code Ann. § 40-32-110). It clears a later, otherwise-eligible offense; it does not expunge the DUI itself.^16,17

What it's for: An otherwise-eligible misdemeanor or listed felony for people whose record includes one DUI conviction and who completed a certified recovery court program. In effect since July 1, 2026.

Who can use it

• The offense you want cleared is eligible under § 40-32-107(a)(1) and happened at least 10 years after your DUI conviction (§ 40-32-107(e)(1)(A)).
• You completed every part of the sentence for that offense, including paying all fines, restitution, court costs and assessments and finishing any imprisonment, probation and release conditions (§ 40-32-107(e)(1)(B)).
• You successfully completed a certified recovery court program (§ 40-32-107(e)(1)(C)).
• You have been convicted of DUI no more than once, and you have never been granted an expunction under § 40-32-107(a), (b), (c) or (e) (§ 40-32-107(e)(1)(D)-(E)).

What doesn't qualify

• The DUI conviction itself, or any offense that involves a motor vehicle and alcohol or a controlled substance (§ 40-32-107(e)(3)).
• Anyone with two or more DUI convictions (§ 40-32-107(e)(1)(E)).

How long you have to wait

How to apply

1. Petition under § 40-32-108, the same process as the regular conviction route: the DA's office in the county of conviction prepares the petition, you file it with the clerk, the DA has 60 days to respond, and the court rules no sooner than 61 days after service (§ 40-32-107(e)(2)).

Where to file

The court where you were convicted of the offense you want cleared.

Cost

Court clerks may charge up to $100 for an expunction (Tenn. Code Ann. § 8-21-401).

The law

Tenn. Code Ann. § 40-32-107(e) (Public Chapter 1061 of 2026, effective July 1, 2026)

Expungement

Expunction for human trafficking survivors

All public records of the covered convictions are destroyed, you are restored to the status you held before the arrest, no collateral consequences may be imposed or continued, and you may decline to mention the convictions in response to any inquiry. The law also says you may not suffer adverse effects from the expunged convictions, including having to pay fines and fees owed to the court. The court clerk keeps a confidential record that can be used only to increase a later sentence (Tenn. Code Ann. § 40-32-105(i)-(j)).^18,19

What it's for: Convictions that resulted from a person's status as a victim of human trafficking.

Who can use it

• Each conviction resulted from your status as a victim of human trafficking and happened on or after the date you became a victim, as the court determines. You can show this by testimony or affidavit, and no one has to have been convicted of trafficking you (§ 40-32-105(b)(6)).
• Each conviction is individually eligible under § 40-32-107(a)(1), or is for aggravated prostitution (§ 40-32-105(b)(5)(C)).
• At least 1 year has passed since you completed the sentence for your most recent offense, and you have no conviction in the past year and no pending charges (§ 40-32-105(b)(1), (b)(3)).
• You completed any imprisonment or probation and met all release conditions (§ 40-32-105(b)(2)). Unlike the regular route, the conditions listed for this route do not include paying fines and fees.

What doesn't qualify

• Convictions that had the use, attempted use or threat of physical force as an element, or that involved a deadly weapon (§ 40-32-105(b)(5)).
• Anyone who already had records expunged under this section (§ 40-32-105(b)(4)).

How long you have to wait

How to apply

1. The DA's office prepares the petition and proposed order for you to file (§ 40-32-105(h)).
2. File in the court where you were most recently convicted. The clerk serves the DA in every county where you have a conviction to be expunged, and each DA has 60 days to send recommendations (§ 40-32-105(c)).
3. The court may hold a hearing to take testimony and decides after weighing your interests against justice and public safety (§ 40-32-105(d)-(e)).

Where to file

The court where you were most recently convicted.

Cost

The section's fee provision points to a fee subsection that has been repealed (§ 40-32-105(k)). Court clerks may charge up to $100 for expunctions (§ 8-21-401), so ask the clerk.

Court hearing

Sometimes

How long it takes

Each DA has 60 days after service to send recommendations (§ 40-32-105(c)).

The law

Tenn. Code Ann. § 40-32-105

Official forms

• Petition to Expunge Records of Conviction Pursuant to T.C.A. § 40-32-105 (Davidson County version)

Expungement

Free expunction of dismissed charges and acquittals

All public records of the charge are removed and destroyed, with the same legal effect as other expunctions: you are restored to the status you had before the arrest and may decline to mention it in response to any inquiry (Tenn. Code Ann. §§ 40-32-106, 40-32-110). The TBI deletes the charge and sends the order to the FBI.^1,20,21

What it's for: Charges that were dismissed, dropped (nolle prosequi), not indicted, or ended in a not-guilty verdict, and arrests where no charge was filed.

Who can use it

• The charge was dismissed for a reason other than completing diversion (§ 40-32-106(a)(1)(A)).
• A grand jury returned a no true bill, or you were arrested and released without being charged (§ 40-32-106(a)(1)(B)-(C)).
• A nolle prosequi was entered (§ 40-32-106(a)(1)(D)).
• A judge or jury found you not guilty on all charges (§ 40-32-106(a)(1)(E)).
• An implied consent violation was dismissed without costs (§ 40-32-106(a)(1)(F)).
• The charge was abated by death (a personal representative may apply), or you were arrested or charged because of mistaken identity, in which case the court may order the expunction expedited (§ 40-32-106(a)(1)(G)-(H)).
• An order of protection petition against you was successfully defended and denied (§ 40-32-106(a)(2)(A)).

What doesn't qualify

• Cases where you were convicted of any count in the same indictment, or of another offense from the same criminal conduct or episode (including a lesser included offense). A traffic offense conviction does not count for this rule (§ 40-32-106(b)(4)). In that situation you can still ask the court to remove the charges you weren't convicted of from public electronic databases (§ 40-32-106(c)(2)).
• Findings of not guilty by reason of insanity or incompetence to stand trial (§ 40-32-106(b)(3)).
• Implied consent violations dismissed with costs, or dismissed without costs where you held a commercial license and were in a motor vehicle, or held any license and were in a commercial vehicle (§ 40-32-106(b)(1)-(2)).
• If your record says a charge was "dismissed with costs," the AOC says you must take care of those court costs first, and a "retired" charge must first be changed to dismissed (Tennessee AOC).

How long you have to wait

How to apply

1. Get the case information (docket number and charges) from the court clerk.
2. File a request for expungement with the criminal court clerk for the court where the case started (general sessions or a trial court). You may need a separate form for each charge. You do not need to appear in court (Tennessee AOC).
3. Bring a self-addressed stamped envelope for each charge if you want copies mailed to you, and ask for certified copies of each expungement order and charging document (Tennessee AOC).
4. The order goes to the judge and then to the arresting agency, jail, Department of Correction and TBI. Keep a certified copy of the order (TBI).

Where to file

The court where the case started (general sessions or trial court), through the criminal court clerk.

Cost

Free: the law says these records are destroyed without cost to you (§ 40-32-106(a)). If the charge was dismissed with costs, the costs must be resolved first.

Court hearing

No

How long it takes

Agencies and clerks must destroy the records within 60 days of the order, and the TBI within 60 days of receiving it (§ 40-32-102).

The law

Tenn. Code Ann. § 40-32-106 (Public Chapter 268 of 2025)

Expungement

Expunction after pretrial or judicial diversion

Records of the arrest, charge, any guilty plea or finding, and the dismissal are expunged, and you are restored to the status you had before the arrest. You are not guilty of perjury or a false statement for not mentioning them in response to any inquiry, except if you later sue someone over the same incident (Tenn. Code Ann. § 40-35-313(b)). The court keeps a nonpublic record used to check eligibility for diversion in the future, and the TBI keeps the case in a confidential diversion database (§§ 40-35-313(a)(2), 38-6-118). In some civil lawsuits, a guilty plea or verdict for certain felonies within the past 10 years can still be used to challenge a party's truthfulness (§ 40-35-313(c)).^1,20,22,23

What it's for: Charges dismissed after you completed pretrial diversion (an agreement with the prosecutor) or judicial diversion (probation without a judgment of guilt).

Who can use it

• Your charge was dismissed after you successfully completed pretrial diversion (§§ 40-15-102 to 40-15-107) or judicial diversion (§ 40-35-313) (§ 40-32-106(d)(1)).
• All court costs must be paid; the clerk notes this on the application before the order is entered (§ 40-35-313(b)).

What doesn't qualify

• Diversion for a sexual offense or violent sexual offense as defined in § 40-39-202 (§ 40-32-106(d)(2); § 40-35-313(b)).
• DUI charges can't be diverted at all, so this route doesn't apply to them (§§ 40-15-105(a)(1)(B), 40-35-313(a)(1)(B)).

How long you have to wait

How to apply

1. After the dismissal, file an application for expunction with the clerk of the court that handled the case, and pay any remaining court costs and the clerk's expunction cost.
2. The court must get a TBI certificate on whether the offense is eligible before entering the order (§ 40-32-102(c)).
3. Section 40-35-313(b) says the court enters the order after a hearing if it finds you were discharged and dismissed; ask the clerk whether you need to appear.

Where to file

The court that dismissed the charge, through its clerk.

Cost

You pay the clerk's fee for destroying the records (§ 40-32-106(d)(3)), which can be up to $100 (§ 8-21-401). Knox County lists a non-refundable $100 fee. The separate state fee for expunction after diversion was repealed effective July 1, 2019 (Public Chapter 200 of 2019). The $100 TBI fee in § 38-6-118(e) is paid when you apply for diversion, not for the expunction.

Court hearing

Sometimes

The law

Tenn. Code Ann. § 40-32-106(d); § 40-35-313(b)

Expungement

Expunction of an arrest with no court record

The arrest record is expunged, with the same legal effect as other expunctions (Tenn. Code Ann. §§ 40-32-109(f), 40-32-110).^1,24

What it's for: Arrest records where the court that would have handled the offense has no record of the arrest.

Who can use it

• The court with jurisdiction over the offense has no history of your arrest for that offense in its records. The clerk searches the court's records and certifies the result to the court (§ 40-32-109(a), (c)).

How to apply

1. File a petition with the court that would have had jurisdiction over the offense. The clerk serves the district attorney, and both sides may file evidence.
2. The court reviews the clerk's certification and may order the arrest record expunged if it finds no history of the arrest (§ 40-32-109(b)-(d)).

Where to file

The court with jurisdiction over the offense for which you were arrested.

Cost

You pay the clerk's fee under § 8-21-401 (§ 40-32-109(e)), which can be up to $100 for expunctions.

The law

Tenn. Code Ann. § 40-32-109

Certificate of relief

Certificate of employability

It does not clear the record. Licensing boards and agencies may not refuse to issue, restore or renew a license based solely on your past criminal record and must instead decide case by case, although a board may adopt rules based on how long ago the offense was or whether it bears directly on the job. An employer that knew about the certificate is immune from a negligent-hiring claim over hiring you, and the certificate can be used as evidence of due care. It is presumptively revoked if you are convicted of a new felony (Tenn. Code Ann. § 40-29-107(l)-(n)). It does not apply to fields regulated under titles 41, 49, 56, 63 and 71 of the Tennessee Code and a few other listed laws, which include education, insurance and the health-care professions (§ 40-29-107(o)).^25,26

What it's for: People with felony convictions who want help getting jobs or occupational licenses, filed alone or together with a petition to restore citizenship rights.

Who can use it

• The court may grant it if you show by a preponderance of the evidence that you have the character of a person of honesty, respectability and veracity and are generally regarded that way by your neighbors; that it will materially help you get a job or license; that you have a substantial need for it to live a law-abiding life; and that granting it would not pose an unreasonable risk to anyone's safety (§ 40-29-107(i)).
• The petition must include your criminal history for each offense that disqualifies you from a job or license, your work history, verifiable references, family or others who support your reentry plan, and why you need the certificate (§ 40-29-107(e)).

How to apply

1. Fill out the standard Petition for Certificate of Employability from the Administrative Office of the Courts.
2. File it in the circuit court of the county where you live or where you were convicted (§ 40-29-107(b)).
3. The district attorneys in the county where you live and where you were convicted get 20 days' notice and may oppose; the DA notifies known victims (§ 40-29-107(f)-(g)).
4. The court reviews your petition and history and may order reports or more information before deciding. A denial can be appealed only for abuse of discretion (§ 40-29-107(h), (k)).

Where to file

Circuit court in the county where you live or where you were convicted.

Cost

You pay the costs of the application (§ 40-29-107(c)); the amount depends on the county.

Court hearing

Sometimes

The law

Tenn. Code Ann. § 40-29-107

Official forms

• Petition for Certificate of Employability (AOC standard form)