Tennessee expungement law can remove many dismissed charges and certain eligible convictions from a person's criminal record, but not every charge or conviction qualifies. The first question is the final disposition: dismissed, nolle prosequi, no true bill, not guilty, diversion, or conviction.
Under Tennessee Code Annotated § 40-32-101, eligibility depends on the disposition, the offense of conviction, criminal history, completion of the sentence, and other statutory requirements. The Tennessee Bureau of Investigation also emphasizes that expungement is not automatic; the process begins with the court in the county where the arrest occurred.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Dismissed Charges
Charges dismissed by the court are generally eligible for expungement. The same is generally true when the prosecution enters a nolle prosequi, the grand jury returns a no true bill, or the defendant is found not guilty.
The TBI states that dismissed, nolle prosequi, no-true-bill, and not-guilty dispositions should be expunged at no cost to the defendant.
What About Judicial or Pretrial Diversion?
Successful completion of judicial diversion or pretrial diversion can permit expungement when the offense and defendant satisfy the applicable statutes. Diversion has separate eligibility requirements and should not be confused with ordinary conviction expungement.
The TBI requires eligibility review for diversion and notes that some offenses may be eligible for diversion but still not eligible for expungement.
Can a Conviction Be Expunged?
Yes, but only certain misdemeanor and felony convictions qualify. Conviction expungement is governed by the detailed eligibility provisions of § 40-32-101, and the exact statute of conviction must be checked.
The TBI directs people seeking conviction expungement to the district attorney's office in the county where the arrest occurred for the applicable conviction-expungement process.
Are All Misdemeanors Expungeable?
No. Tennessee law excludes specified offenses even when they are misdemeanors. Domestic assault and DUI are important examples of convictions that generally do not qualify for ordinary conviction expungement.
A 2026 legislative proposal to create broader misdemeanor sealing expressly excluded domestic assault and DUI and did not become the general expungement rule.
Can Felonies Be Expunged?
Some eligible lower-level felony convictions can qualify under Tennessee law, but many felonies are excluded. The exact offense, classification, sentence completion date, and criminal history must be reviewed.
Do not assume that every Class E felony is expungeable or that every more serious felony is permanently ineligible without checking the current statute and offense date.
How Long Do You Have to Wait?
Waiting periods depend on the type of conviction and applicable statute. The clock generally relates to completion of the sentence and other statutory requirements, not merely the date of arrest.
Dismissed charges and acquittals operate differently from conviction expungement and generally do not require the same post-sentence waiting period.
Does a Prior Criminal Record Matter?
Yes. Prior convictions can affect eligibility for conviction expungement and diversion. The complete criminal history should be reviewed rather than examining one charge in isolation.
An old case in another Tennessee county or another state can affect whether the current conviction qualifies.
What Does Expungement Actually Do?
The TBI explains that when an expungement order reaches the agency, the charge is deleted from the defendant's criminal record rather than merely marked as sealed. The order is also transmitted through the process to other agencies, including the FBI.
The TBI recommends keeping a certified copy of the expungement order as proof that the expungement was completed.
Why Can an Expunged Case Still Appear Online?
Private background-check companies collect public information and may fail to update it after a court expunges the official record. The TBI specifically warns that private databases may continue displaying old information.
A person may need to contact private background companies directly after the official expungement is complete.
How Do You Start an Expungement?
The process starts with the local court in the county where the arrest occurred. For conviction expungements, the exact local procedure and eligibility review should be confirmed before filing.
The disposition sheet, judgment, statute of conviction, sentence-completion information, and criminal history are useful starting documents.
Why the Exact Conviction Matters
A charge may begin as one offense and end with a plea to another. Expungement eligibility is generally evaluated from the final disposition or conviction, not simply the original arrest label.
That makes the final judgment one of the most important documents in an expungement analysis.
Frequently Asked Questions
Can dismissed charges be expunged in Tennessee?
Generally yes. The TBI identifies dismissed, nolle prosequi, no-true-bill, and not-guilty dispositions as eligible for expungement.
Can a DUI conviction be expunged?
Generally no under Tennessee's ordinary conviction-expungement law.
Can domestic assault be expunged?
A domestic-assault conviction is generally excluded from ordinary conviction expungement, although a dismissed domestic-assault charge is a different situation.
Can a felony be expunged?
Some felony convictions can qualify, but eligibility depends on the exact offense and statutory requirements.
Is expungement automatic?
No. The TBI states that the person must go through the court process to obtain an expungement order.
Talk With a Nashville Expungement Lawyer
Expungement eligibility turns on the exact disposition and statute, not simply whether a case is old or was called a misdemeanor or felony. A review of the final judgment and complete record can determine whether the case qualifies.
Kevin Kennedy Law Firm helps people in Nashville and Middle Tennessee evaluate criminal records, dismissed charges, diversion cases, and conviction-expungement eligibility.
To discuss whether your record qualifies, see our Nashville expungement lawyer page.