Diversions, Expungements, & Dispositions

Diversion can be one of two types: Judicial Diversion or Pretrial Diversion. Each has separate statutes with distinct requirements and disqualifications.

Pretrial Diversion is governed by TCA 40-15-105 and is also referred to as a suspended prosecution. It is important to note that the individual has neither pleaded guilty nor been found guilty. A person may be granted Pretrial Diversion if the requirements as stated in the statute are met. A Memorandum of Understanding (MOU) is entered into by the District Attorney and the Defendant. The Defendant must meet the terms of the MOU. If the terms are not met, the prosecution is no longer suspended and the Defendant is allowed to proceed with the case. If the Defendant chooses, there can be a trial. When the diversion period is successfully completed, the Defendant asks the court to submit an Order of Expungement to TBI marked Suspension of Prosecution TCA 40-15-105. 

Judicial Diversion is governed by TCA 40-35-313 and is very different from Pretrial Diversion. If the Defendant has ever had a conviction for a Class A misdemeanor, for which time was served, or a felony, the Defendant is disqualified. The Defendant pleads guilty, is found guilty, or pleads nolo contendre to the offense in which he seeks Judicial Diversion. However, the offense sentence is not imposed if the Defendant can successfully complete the probationary period. If the Defendant does not successfully complete the probationary period, the sentence goes into effect and the Defendant will not have the offense expunged.

With a Judicial or Pretrial Diversion, TBI must analyze an application for eligibility. Please make sure that the diversion type requested is checked on the application. If the diversion type on the application is unchecked, the application will be returned unprocessed to the submitting attorney or agency.

Expungement can be granted for any of the following reasons: successful completion of Judicial Diversion, successful completion of Pretrial Diversion, an acquittal, no true bill, nolle prosequi (prosecution dropped the case --- no prosecution), conviction reversed on appeal, or charges are dismissed.

Certain crimes, such as registerable sex offenses, may be eligible for diversion, but not expunged.

What is your contact information? Mailing Address: TBI, Attention: Diversions, 901 R.S. Gass Blvd., Nashville, TN, 37216 Phone Number: (615) 744-4617 Email: TBI.Diversions@tbi.tn.gov

How do I apply for diversion? Please click the link below and follow the online prompts. If you get confused or need assistance, please call or email us at the information listed above. https://tbibackgrounds.tbi.tn.gov/diversions/

Can two different counties and two different dates of arrest be included on the same diversion application? Yes, only if both judges and both district attorneys in the listed counties are in agreement that one application may be used for both jurisdictions. We must have agreement letters from both D.A.s before we process your application.

Do indigent clients have to mail their diversion forms or can they be faxed? Forms can be mailed or emailed. See contact information above.

What do I do if I am found indigent/I can't afford to pay for my diversion application? There is a form to be signed by the judge. If your attorney does not have it, you or they can email us at the address listed above. We will send you the example form. You will then get that signed by the judge and email us back the completed diversion application PDF and the signed form.

Is there a standard indigent form on your website? No.

What information can be used to find my diversion application? Confirmation numbers can be used to find Diversion applications, so please keep them. The Diversion Unit will check your application based on last name and/or social security number. It is helpful to have the date the application was submitted online which is contained in the email you printed out upon application.

I can't find my application that I submitted, what do I do? You can call or email the diversion unit, and we will resend the application. You do not need to resubmit the application.

I have more than four charges. Will I have to pay $200 and submit two applications? No. If your charges occurred on the same date, you may double the charges on the same line and abbreviate the charges to fit on the same application.

Where can I find information on whether my offense qualifies for diversion? Pretrial Diversion: TCA 40-15-105. Judicial Diversion: TCA 40-35-313. 

Before I waste my time and $100, will you run an NCIC check on my client to see if he is diversion eligible? We are not permitted to do this pursuant to FBI rules, regulations, and policies.

Can I do the online application on a mobile phone? No. Our application is not compatible with smartphones, including iPhones. You must use a desktop computer, a laptop, or an iPad.

I accidentally ran my diversion application twice. What can I do to get my money back? The Diversion Unit can give you the information in order to contact our billing department. The billing department can help you get your money back. You will need to have the credit card you originally used and the date you entered the application.

I have entered in all information correctly, but my payment will not go through. What do I do? We do not accept Amex cards. Please check the type of card payment. If that is correct, make sure that the name, social, and phone number do not have any apostrophes or dashes. The billing address for the card cannot be a post office box.

The online application asks for the D.A.’s name, phone, and fax number. May I put my information on the application? You may put your information, but the D.A. who is handling the case should receive the certification from TBI in order to ensure that applications are not altered. We have most all D.A.’s main email addresses, but if you have a certain D.A. you would like the application to go to, please put that information on the application.

Is a diversion application a background check? No. A diversion application is not to be used for a background check for employment. If you need a background check, please contact TAPS or TORIS for this information. https://www.tn.gov/tbi/divisions/cjis-division/background-checks.html

What is an expungement? "Expungement" ( also known as "Expunction") is the process to remove a charge or charges from a criminal record. For more information, see T.C.A. §40-32-101. Expungement is not an automatic process and you must file with the court to receive it.

How do I start? The process starts on the local level at the court in the county where the arrest occurred. Charges that were "Dismissed", ''Nolle Prosequi", "No True Bill", or verdict of "Not Guilty" are eligible for expungement at no cost to defendant. Charges that were on "Diversion" (Pretrial or Judicial) are subject to clerk fees, as are conviction expungements.

What does the court do with my expungement order? Once the court completes the expungement process locally, the expungement order is sent to various agencies including the arresting agency, county jail, Tennessee Department of Correction, and the Tennessee Bureau of Investigation. Each agency then f ollows its own procedures to expunge the charges. You may want to contact the TDOC and TBI to make sure each agency received a copy of your order. TDOC removes the charges from the Tennessee Felony Offender Lookup (FOIL) and Tennessee Offender Management Information System (TOMIS).

What happens to my expungement order when it gets to TBI? TBI removes charges from the criminal record, deletes the charges from the paper or electronic fingerprint card, and sends the expungement order to the Federal Bureau of Investigation to be processed on the federal level. At TBI, the charges are actually deleted from the defendant's record- we do not 'seal' records. When the defendant has no other charges, all criminal fingerprints are deleted.

Can my expungement be expedited? Yes. There are certain circumstances where expungements can be expedited. Scanned orders may be emailed to TBI.Expungement@tbi.tn.gov or faxed to (615) 744-4672. Be sure to include contact information on your cover sheet so you can be notified that the order has been received and processed. Among the reasons for expediting are fingerprinting for a job or carry permit, a firearms purchase, adoption, or mistaken identity.

What if I have a conviction on my record? Certain misdemeanor and felony convictions may be eligible for expungement. The "Conviction Expungement" (also known as a "G" expungement) is processed by the District Attorney's office in the county where the arrest occurred. Request a conviction expungement packet from the DA's office to learn more about this process.

Why is my charge showing on a background check? Please note that if a background check is requested through a private background check company (not through the TBI, other state bureau, or FBI), criminal charges will probably still appear on file. Background check companies gather information as it becomes public and it is rarely updated. If charges are showing at a background check company, the defendant will need to contact the company directly.

What else do I need to know? Once charges have been expunged, it's very important for the defendant to keep a certified copy of the expungement order. Keeping a copy of the order is the best way to prove the expungement has been completed by the court and is valid.

I tried to purchase a firearm and was denied because my charge did not have a disposition. How do I get it added to my record? If you tried to purchase a firearm and you were denied, you need to file an appeal with the Tennessee Instant Check System Unit. You should have received the necessary paperwork for appeal from the gun dealer or pawn shop. An appeal form can also be found online.

What if I need the disposition added but I’m not trying to purchase a firearm? Contact the court for a copy of the case judgment or disposition and fax it to TBI at (615) 744-4672 or email TBI.Dispos@tbi.tn.gov.

What if the arresting agency or court receives the disposition with a rejection form attached? If the reject says “NC” or “NR”, the charge could not be located in the TBI’s criminal history and a fingerprint card needs to be submitted when the disposition is returned.