Ineligible Misdemeanors


(All other misdemeanors committed on or after November 1, 1989 are eligible for expunction)

39-13-101(a)(1) & (2) Assault;

39-13-102 Aggravated assault of public employee;

39-13-111 Domestic assault;

39-13-113(g) Violation of protective or restraining order;

39-13-113(h) Possession of firearm while order of protection in effect;

39-13-511 Public indecency 3rd or subsequent offense;

39-13-511 Indecent exposure (victim under 13 years of age) or by person in penal institution exposing to a guard;

39-13-526(b)(1)(2) Violation of community supervision by sex offender not constituting offense or constituting misdemeanor;

39-13-528 Soliciting minor to engage in Class E sexual offense;

39-13-533 Unlawful sexual contact by authority figure;

39-14-118 Fraudulent use of credit/debit card (up to $500);

39-14-304 Reckless burning;

39-14-406 Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;

39-15-201(b)(3) Coercion — abortion;

39-15-210 Third or subsequent violation of “Child Rape Protection Act of 2006”;

39-15-401(a) Child abuse (where child is between ages 7-17);

39-15-401(b) Child neglect and endangerment (where child is between ages 7-13);

39-15-404 Enticing a child to purchase intoxicating liquor —purchasing alcoholic beverage for child;

39-15-404 Allow person ages 18-21 to consume alcohol on person’s premises;

39-15-414 Harboring or hiding a runaway child;

39-17-315 Stalking;

39-17-431 Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits;

39-17-437 Using substance or device to falsify drug test results & selling synthetic urine;

39-17-438 Possession of the hallucinogenic plant Salvia Divinorum or the synthetic cannabinoids;

39-17-452 Sale or possession of synthetic derivatives or analogues of methcathinone;

39-17-902(a) Importing, preparing, distributing, processing, or appearing in obscene material or Class A misdemeanors;

39-17-907 Unlawful exhibition of obscene material;

39-17-911 Sale or loan to minors of harmful materials;

39-17-918 Unlawful massage or exposure of erogenous areas;

39-17-1307(f)(1)(A) Possession of firearm after being convicted of misdemeanor crime of domestic violence;

39-17-1307(f)(1)(B) Possession of firearm while order of protection is in effect;

39-17-1307(f)(1)(C) Possession of firearm while prohibited by state or federal law;

39-17-1312 Failure of adult to report juvenile carrying gun in school;

39-17-1320(a) Nonparent providing handgun to a juvenile;

39-17-1352 Failure to surrender handgun carry permit upon suspension;

39-17-1363 Violent felon owning or possessing vicious dog;

39-13-101(a)(3) Assault (offensive or provocative physical contact);

39-13-511(a) Public indecency — first or second offense (punishable by $500 fine only);

39-13-511(b)(2) Indecent exposure (victim 13 years old or older);

39-15-412(b) Disseminating smoking paraphernalia to minor after 3 prior violations;

39-16-404 Misuse of official information by public servant;

39-17-317 Disorderly conduct at funerals;

39-17-715 Possession of or consuming alcoholic beverages on K-12 school premises;

39-17-914 Display for sale or rental of material harmful to minors;

55-10-401 Driving under the influence of an intoxicant