Eligibility

ELIGIBILITY: Subsection (g)

Under subsection (g), a person’s record may be expunged if they have never been convicted of any other criminal offenses. This includes federal offenses and offenses in other states. This does not include the offense for which one is seeking an expunction. The offense must be an eligible Class E or Class D felony listed on this website, or a misdemeanor not listed on this website.

Additionally, a person’s prior conviction involving multiple offenses may be expunged if the conduct leading to the conviction occurred:

  • contemporaneously,
  • at the same location,
  • was a single continuous criminal episode, and
  • all of the offenses were eligible individually. 

Moving and non-moving traffic offenses are not considered an “offense” for the purposes of subsection (g).

In addition:

At the time of the filing, at least 5 years have elapsed since the completion of the sentence imposed for the offense; AND

You have fulfilled ALL of the requirements of the sentence imposed for which you were convicted, including:

  • Payment of all fines, restitution, court costs and other  assessments;
  • Completion of any term of imprisonment or probation;
  • Meeting all conditions of supervised or unsupervised release; AND
  • If required by the conditions of the sentence, remaining free from dependency on or abuse of alcohol, or a controlled substance or other prohibited substance for a period of not less than one year.

ALL of the above conditions must be met to be eligible. 

 

ELIGIBILITY: Subsection (h)

Under subsection (h), if a person has been convicted of a non-violent crime after January 1, 1980, received a positive vote from the parole board to receive a pardon, and received a pardon from the Governor of Tennessee, a person’s record may be expunged.

 

ELIGIBILITY: Subsection (k) (effective  7/1/2017)

Notwithstanding subsection (g), for purposes of subsection (k), an eligible petitioner means a person who was convicted of no more than two (2) offenses, and has met ALL of the obligations outlined in subsection (g).  Each of the two offenses for which the person is seeking expunction MUST be eligible under subsection (g).  Thus, they must be either an eligible felony, or not one of the misdemeanors listed on this website. 

  • The offenses which are eligible under this section were either:
    • Two (2) misdemeanors; or
    • One (1) felony and One (1) misdemeanor.

One exception to the requirements outlined in subsection (g):  If one (1) of the offenses for which a person is seeking to have his or her record expunged was Drug Fraud, pursuant to Tenn. Code Ann. § 53-11-402(a)(3), then ten (10) years must have elapsed between the time of filing for the expunction petition and completion of all previous requirements of subsection (g). 

A person may only seek to have two (2) offenses expunged one (1) time. 

The fee to have two offenses expunged is the same as that for a single offense under subsection (g).