A Tennessee felony conviction does not automatically disappear after a certain number of years. If the conviction is not eligible for expungement or another form of relief, it can remain on the person’s criminal record indefinitely.
Some Tennessee felony convictions are eligible for expungement, but eligibility is offense-specific. Under current Tennessee law, eligible Class E felonies generally require at least five years after completion of the sentence before a petition can be filed, while eligible Class C or D felonies generally require at least ten years.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Does a Felony Automatically Fall Off Your Record?
No. Tennessee does not have a general rule that automatically removes every felony conviction after seven, ten, or another fixed number of years.
A felony remains unless the person qualifies for and obtains legal relief such as expungement, or another applicable process changes the record.
Which Felonies Can Be Expunged?
Tennessee’s conviction-expungement law contains specific lists and eligibility categories. Current § 40-32-107 includes designated Class C, D, and E felony offenses, subject to exclusions and other requirements.
Class A and B felony convictions are not part of the ordinary conviction-expungement eligibility framework.
How Long Must You Wait for an Eligible Class E Felony?
For an eligible Class E felony, § 40-32-107 generally requires at least five years to pass after completion of the sentence before the petition is filed.
Completion includes satisfying the sentence requirements, not merely the date of conviction.
How Long Must You Wait for an Eligible Class C or D Felony?
For eligible Class C or D felony convictions, current Tennessee law generally requires at least ten years after completion of the sentence.
The offense must also be one that the statute makes eligible.
What Does 'Completion of the Sentence' Mean?
The petitioner must satisfy the requirements imposed by the court, including completion of imprisonment or probation, supervised or unsupervised release, and applicable financial obligations such as fines, restitution, costs, and assessments.
The waiting period is tied to completion of the sentence rather than simply the arrest or conviction date.
Can More Than One Conviction Be Expunged?
Current Tennessee law allows certain petitioners to seek expungement of up to two eligible offenses when the statutory requirements are satisfied, including two misdemeanors or one felony and one misdemeanor.
There are also rules treating qualifying convictions from a single continuous criminal episode as one offense for expungement purposes.
What If You Have a Later Ineligible Conviction?
Current § 40-32-107 contains restrictions involving convictions that are ineligible for expungement. The sequence of offenses can affect eligibility.
A complete nationwide criminal history should be reviewed before filing.
Does Probation Count as Part of the Sentence?
Yes. The statute requires completion of probation and other supervised or unsupervised release conditions before an eligible petitioner can satisfy the sentence-completion requirement.
The waiting period therefore may begin substantially later than the conviction date.
What About a Felony That Was Dismissed?
A dismissed felony charge is different from a felony conviction. Tennessee provides expungement procedures for many charges that ended in dismissal, acquittal, no true bill, or similar non-conviction dispositions.
Do not apply conviction waiting periods to a case that never resulted in a conviction without first checking the correct expungement category.
What If You Received Judicial Diversion?
Successful judicial diversion can result in dismissal and discharge rather than a final judgment of conviction. Section 40-35-313 allows a qualifying defendant to apply for expungement after successful completion, subject to the statute.
That process differs from expunging an ordinary felony conviction years later.
Can a Pardon Help?
Current Tennessee law provides a separate route for certain nonviolent convictions when the person receives the required Board of Parole recommendation and a gubernatorial pardon and satisfies the statutory criteria.
A pardon is not the same as automatic expungement, but it can create an expungement path in qualifying cases.
Why Check the Exact Offense?
Two felony convictions with the same class can have different expungement results because eligibility is based on the specific offense and statutory list, not just the felony letter grade.
The statute number, offense date, conviction date, sentence, and criminal history should all be verified.
Frequently Asked Questions
Does a felony go away after seven years in Tennessee?
No. There is no general seven-year rule that automatically removes a Tennessee felony conviction.
How long before a Class E felony can be expunged?
For an eligible Class E felony, current law generally requires five years after completion of the sentence.
What about Class C or D felonies?
Eligible Class C and D felonies generally require ten years after completion of the sentence.
Can Class A or B felonies be expunged under the ordinary conviction statute?
They are not included in the ordinary eligible conviction framework in § 40-32-107.
Does a dismissed felony stay forever?
A dismissed charge is governed by different expungement rules and can often be eligible for removal from public records.
Talk With a Nashville Criminal Defense Lawyer
The exact charge, criminal history, sentence, and record matter. Tennessee eligibility rules should be checked before relying on diversion, expungement, or any particular disposition.
Kevin Kennedy Law Firm represents people facing criminal charges in Nashville and Middle Tennessee.