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If you are seeking a Tennessee expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Tennessee Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
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A person who is exonerated by the governor.
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A person who was dismissed and the proceedings against the person discharged under TCA § 40-35-313, except if such discharge and dismissal was for a sexual offense.
- A person dismissed, or had no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, or was arrested and released without being charged.
- A person whose bond has expired and no surety has been required to fulfill conditions of the bond.
- A defendant in the court which entered a nolle prosequi in the defendant's case.
- A first-time offender of other than a sexual offense when the offense that was committed prior to such person's twenty-first birthday and has since had no other convictions.
- A person who has complied with terms of a diversion agreement made pursuant to TCA §40-15-105.
Additional restrictions on who can qualify for an expungement Persons exonerated by the governor need not petition for expungement, it shall be done automatically as a matter of law.
For expungement, an eligible person must petition the court having jurisdiction over the records for an order to expunge.
Does the law provide for sealing? What are the requirements?
All public records of a person who has been charged with a misdemeanor or a felony, and which charge has been dismissed, or a no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, and all public records of a person who was arrested and released without being charged, shall, upon petition by that person to the court having jurisdiction in such previous action, be sealed, removed and destroyed without cost to such person;
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
Expungement is the Process by which a record of criminal conviction and/or arrest are removed by order of the court. The expunged records are deemed not to exist and the person who is the subject of the records may deny their existence, however, they may be sued to impeach them or as character evidence in future proceedings.
For an expungement granted under . TCA § 40-32-101, the release of arrest histories of a defendant or potential witness in a criminal proceeding to an attorney of record in the proceeding shall be made to the attorney upon request. Non-public records may be maintained for determining eligibility for alternative sentencing under. If a person granted expungement later assumes the role of plaintiff in a civil action based upon the same transaction or occurrence as the expunged criminal record, the non-public records are also admissible for the following purposes:
(1) A plea of guilty is admissible into evidence in the civil trial as a judicial admission; and
(2) A verdict of guilty by a judge or jury is admissible into evidence in the civil trial as either a public record or is admissible to impeach the truthfulness of the plaintiff. In addition, the non-public records retained by the court shall constitute the official record of conviction and are subject to the subpoena power of the courts of civil jurisdiction. "Public records", for the purpose of expunction only, does not include appellate court records or appellate court opinions.
For persons dismissed and discharged may apply to the court for an order to expunge from all official records, other than the non-public records to be retained by the court and the public records which are defined below, all recordation relating to the person's arrest, indictment or information, trial, finding of guilty, and dismissal and discharge. This is not applicable to sexual offense records
Public records," for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public and do also not include records of the department of children's services or department of human services which are confidential under state or federal law and which are required to be maintained by state or federal law for audit or other purposes. Whenever an order of expunction is given to the department of children's services or department of human services, the department shall notify the defendant if there are records required to be maintained as directed above and the basis for such maintenance. The department shall delete identifying information in these records whenever permitted by state or federal law. These records are to be expunged whenever their maintenance is no longer required by state or federal law.
Are you eligible for a Tennessee Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often as we are in the process of adding Expungement Kit for the State of Tennessee soon.
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