SANDRA L. WELLS
ATTORNEY AT LAW

RECORD EXPUNCTION
   

Expungement under T.C.A. 40-32-101(g)



On July 1, 2012, a new law went into effect that allows Tennessee residents convicted of certain crimes to be able to have that incident expunged from their records, pursuant to T.C.A. 40-32-101(g).

Only certain crimes are eligible for expunction; they must be non-violent, non-DUI and non-sexual crimes. Crimes eligible are most misdemeanors and some Class E felonies, including forgery, theft, vandalism, and fraudulent or false insurance claim, among others.


Additional Stipulations Exist for Those Crimes Which Qualify
  • Additional stipulations exist for those crimes which qualify
  • The individual must have no other convictions than the one under review
  • The individual must have completed all terms of his or her sentencing, paid all fines/ fees/ assessments
   
  • The individual have remained free of alcohol or substance abuse for one year
  • At least five years must have elapsed from the completion of the individual's sentence
  • The individual must also pay a fee of $350 to the Clerk of the Court
If you were convicted of or pled guilty to two (2) or more crimes arising from separate criminal events you cannot have the charges expunged.


A class E felony committed after November 1, 1989, may be expunged if the sentence was for three (3) years or less and appears in the attached list. (If the conviction is for a class E felony committed after November 1, 1989, and is not on the inclusion list, it cannot be expunged. If the sentence was for more than three (3) years it cannot be expunged.

If the conviction is for a misdemeanor committed after November 1, 1989, and is on exclusion list, then that conviction cannot be expunged.
   


Expungement Eligibility
  • Dismissed, Nolle, No True Bill, Not Guilty, Retired - no fee required
  • Conditional Pleas and/or Pretrial Diversion/Intervention cases may qualify (if so, a $450.00 fee is required)
  • All fines/court costs must be paid in full, including expungement fee (if applicable)
  • Only, cash, money orders or cashiers checks are accepted.

If the conviction is for an offense committed before November 1,1989, all of the criteria below must be met.
  1. The sentence was either a determinate sentence, of three (3) years or less OR sentenced to an indeterminate sentence for which the person served three (3) years or less.

  2. The convicted person never had a previous conviction expunged as the result of the successful completion of a diversion program pursuant to §§ 40-15-102—40-15-106 or § 40-35-313;

  3. The convicted offense did not have as an element the use, attempted use, or threatened use of physical force against the person of another;

  4. The convicted offense did not involve, by its nature, a substantial risk that physical force against the person of another would be used in the course of committing the offense;

  5. The convicted offense did not involve the use or possession of a deadly weapon;

  6. The convicted offense was not a sex offense for which the offender is required to register as a sexual offender or violent sexual offender under title 40, chapter 39 part 2; or any sex offense involving a minor;

  7. The convicted offense did not result in the death, serious bodily injury or bodily injury to a person

  8. The convicted offense did not involve the use of alcohol or drugs and a motor vehicle;

  9. The convicted offense did not involve the sale or distribution of a Schedule I, II, III, or IV controlled substance;

  10. The convicted offense did not involve a minor as the victim of the offense; or

  11. The convicted offense did not result in causing the victim or victims to sustain a loss of twenty-five thousand dollars ($25,000) or more.

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