Can felonies be expunged in Tennessee?

The statutory text in Tenn. Code Ann. section 40 32 101 contains numerous subsections that address distinct factual scenarios. Subsection (a) deals with arrests and records where there was no prosecution. Subsection (g) generally addresses conviction based expungement for eligible offenses, setting key eligibility conditions and waiting periods. Subsection (k) and other subsections provide limited relief in additional circumstances or set limitations on how many convictions a petitioner may expunge. Because felony eligibility often falls under subsection (g) or (k) or later amendments, correctly identifying which subsection fits your facts is essential before doing anything else.

Practically, obtain the official statutory text from the Tennessee code online or the Tennessee Courts expungement guidance. Carefully compare your court disposition to the statutory categories. For example, subsection (g) sets out lists of offenses and exclusions and requires specific conditions such as waiting periods and the absence of other convictions. Some felony classes, notably Class E felonies in many instances, can be eligible after five years from sentence completion if other eligibility criteria are met. Class C and D felonies often require longer waiting periods, such as ten years, and additional limitations may apply.

Also be aware that legislative amendments can change eligibility. The legislature has amended section 40 32 101 several times since 2012 to expand or refine eligibility and to change waiting periods and procedural requirements. For that reason rely on the current official statutory text and recent administrative guidance rather than older secondary summaries. If you are unsure how your disposition maps to the statute, bring your certified disposition to the clerk and request guidance or consult an attorney experienced in Tennessee expungement law. Correct categorization at the outset prevents delay and filing the wrong petition form.

Felony offenses are categorized by class in Tennessee. Class E felonies are the least severe felonies and are the most commonly eligible felonies for expungement, subject to the statute. Class D and Class C felonies can be eligible in certain narrowly defined situations and often require a ten year wait period for Class C and D offenses from completion of sentence. Importantly, the statute lists disqualifying categories such as many sex offenses, violent crimes, offenses involving serious bodily injury, offenses involving minors, and offenses that are specifically excluded by statute.

To confirm the class, examine the charging instrument and final judgment for the case. The judgment will indicate the class of felony and the exact statutory citation. Compare the citation to the statutory exclusions list in section 40 32 101. If your felony is not on the excluded list and otherwise meets the subsection criteria, you may proceed to calculate the waiting period. If your conviction is of a serious class or statutory exclusion, you are not eligible. For example, many sexual offenses are excluded and cannot be expunged even after long waiting periods. Similarly, violent felony convictions are often excluded from relief.

If you were convicted of an offense that on its face appears eligible, still confirm whether any enhancements, concurrent convictions, or related offenses affect eligibility. Some combined judgments or multiple convictions treated as a single continuous offense may be treated differently for eligibility. Also confirm whether you have any out of state or federal convictions because the statute often requires that the petitioner has no other convictions anywhere that would disqualify the relief. Gather the full set of certified dispositions and compare them to the statutory checklist.

Waiting periods are central to felony expungement eligibility in Tennessee. Under current law, for many eligible misdemeanor and Class E felony convictions, the petitioner must wait five years after the completion of the sentence. For eligible Class D and Class C felony convictions, statute generally requires ten years after sentence completion. Completion of sentence includes payment of fines, restitution, probation or supervision terms, and any other court ordered obligations unless the statute or local practice indicates otherwise. Accurately computing the completion date matters because the petition will be dismissed if filed prematurely.

In addition to elapsed time, the statute often requires that the petitioner has no additional convictions in any jurisdiction. Some revised provisions allow limited relief where a petitioner has no more than two convictions and only one felony, but these provisions have specific conditions and timing rules that must be satisfied. Always verify whether you have any subsequent convictions or unresolved matters that would disqualify you from relief prior to filing. Out of state convictions count in many instances and can block relief even when Tennessee convictions would otherwise qualify.

Because the waiting period can be lengthy for higher class felonies, petitioners should prepare documentation of sentence completion, including receipts for fines paid, certificates of completion for probation or diversion, and certified statements from probation or the clerk indicating satisfaction of court financial obligations. If any outstanding obligations exist, negotiate payment or obtain written agreements to ensure you meet the formal completion test before filing. If you miscalculate the waiting period you may waste fees and time because petitions filed too early are often dismissed.

Certified court dispositions are required to show the exact case number, charge, date of conviction, sentence, and completion status. For felony petitions you must obtain certified copies of the judgment and sentence, certified docket sheets, and any diversion or probation completion certificates if applicable. If fines or restitution were part of the sentence, obtain official receipts showing payment in full or a certified statement from the clerk showing no outstanding balance. If you have related out of state convictions, obtain certified records from those jurisdictions as well.

If the felony was part of a multi charge case or multiple dockets, compile a single index listing each docket with a certified disposition for each. The court and the Tennessee Bureau of Investigation rely on precise docket identifiers to purge or correct records. Errors in identifiers or incomplete documentary packages are common reasons TBI rejects expungement orders or requests corrected orders, which adds weeks or months to the process.

When assembling your packet also include government issued identification, a sworn affidavit attesting to the truthfulness of the petition, and any rehabilitation documentation you wish to present if the statute allows judicial discretion. Proper documentation prepared and organized at filing reduces clerk follow up and speeds both court review and agency processing.

Tennessee Courts publish template petitions and order forms. Use the petition that corresponds to the statutory subsection and offense class. For felony expungement petitions the forms often require the petitioner to specify the exact statutory subsection relied upon, to assert that waiting periods have elapsed, and to attest to the absence of disqualifying convictions. Complete every field carefully and ensure names and docket numbers match certified dispositions exactly.

Many clerks will reject or return petitions that use incorrect language or outdated templates. Confirm the latest form version on the Tennessee Courts website or with the clerk. Some counties require local supplements or checklists. Do not improvise statutory language because courts and the Tennessee Bureau of Investigation rely on standard order formats to implement record changes automatically.

If you include an explanatory affidavit or rehabilitation evidence attach it as a numbered exhibit and reference it in a table of contents. For felony petitions where judicial discretion exists, well organized rehabilitative proof and clear statutory statements can persuade a judge. For petitions where the statute provides a presumption of relief, compliance with the form and timing rules often leads to administrative entry of orders without contested hearings.

File the petition in the court that entered the felony conviction. Many clerks will forward filed petitions to the district attorney for review. Tennessee law often requires that the district attorney receive notice and have an opportunity to object before the court enters an order. In some counties the clerk will also certify that no additional local charges are pending. Be prepared for a waiting period while the DA’s office reviews the petition. This step can take weeks in busy jurisdictions and longer in rural circuits with limited staffing.

If the DA does not object and the petition meets statutory conditions, the court may enter an order without a hearing. If the DA objects, expect scheduling of a hearing. When a hearing is required be ready to present documentary proof, including certified dispositions and proof of payment of fines or restitution. Maintain courteous and prompt communication with the DA’s office and answer any requests for clarification to avoid procedural delay.

Because felony petitions often attract more scrutiny, thorough preparation is particularly important. Anticipate DA requests for additional documentation and obtain it in advance where possible. Keep proof of service and filed stamped copies so you can verify timelines if a returned petition is delayed or misfiled.

When a felony expungement petition is contested, the hearing is the forum where the petitioner must prove statutory entitlement. Judges evaluate statutory elements such as waiting periods, lack of disqualifying convictions, completion of sentence, and any discretionary criteria. Prepare a concise binder with a table of contents, certified exhibits, and written argument that ties the facts to the statute. Bring certified receipts for payment of fines, restitution, and other court obligations.

Character references, employment records, educational accomplishments, community involvement, and rehabilitation certificates can be powerful where judicial discretion is involved. However do not rely on them where the statute provides mandatory criteria. Make legal arguments that explain precisely how the petition satisfies the statutory text and attach authorities or statutory text excerpts where helpful. If you have counsel, ensure counsel files an appearance and a brief that highlights statutory compliance.

Judges may render an oral ruling at the hearing or take the matter under advisement. If the court grants relief, obtain a signed order with exact docket numbers and identifiers. If the court denies the petition, the order should state the legal basis for denial and whether and how the petitioner may re file after a certain time. Carefully review any denial to determine if an appeal or correction is appropriate.

A signed expungement order must contain precise docket numbers, charge descriptions, dates, and petitioner identifiers. Tennessee Bureau of Investigation analysts use these identifiers to match and remove records. Orders with missing or incorrect docket numbers, mistaken birth dates, or incomplete case descriptions are a common reason TBI rejects an order and requests a corrected order. Corrected orders require additional clerk time, certified copies, and resubmission that extend processing time.

After the judge signs the order, obtain certified copies and submit them promptly to TBI and any local law enforcement agencies or state agencies named in the order. Courts are expected to transmit orders to TBI within thirty days but petitioners should also submit a copy to the Records Division to ensure timely processing. Keep delivery receipts and track correspondence to document the chain of custody.

For felony expungements in particular verify that the order language reflects any statutory restrictions or special instructions required by the relevant subsection. Where the law requires additional statements or findings, ensure the judge signs an order that incorporates those elements. If the judge signs an order lacking required statutory language request a nunc pro tunc correction or an amended order to avoid later agency rejection.

The Tennessee Bureau of Investigation deletes qualifying records from the state repository and updates records conveyed to federal repositories where appropriate. TBI processing times vary with workload but typically take several weeks to a few months. TBI removes charges from the criminal history, deletes electronic fingerprint records where no other qualifying entries remain, and notifies the FBI when necessary so federal files can be corrected. Petitioners can contact TBI’s Records Division for status updates or request a Tennessee only criminal history check to confirm removal.

Because TBI uses automated matching on identifiers, accurate docket numbers and dates in the order reduce the chance of mismatches that cause delays. If TBI reports incomplete implementation, work with the clerk to issue an amended order with corrected identifiers and re submit promptly. Keep certified copies and proof of delivery because these documents are the evidence needed to compel compliance if an agency fails to implement the order.

For felony expungements anticipate occasional extra scrutiny by TBI given the seriousness of the underlying offense class. That scrutiny can lengthen processing but does not change the underlying eligibility framework if the petition satisfied statutory requirements. Maintain patient but persistent follow up with TBI and the clerk to confirm final implementation.

After receiving confirmation from TBI that records have been removed, order an official Tennessee background check to document the result. Keep certified copies of the court order, TBI confirmation, and any related correspondence. Even after state removal private background vendors may continue to display cached records. To correct third party reporting send them certified copies of the order and a written request for correction under applicable consumer protection rules. Most vendors update within weeks but some lag.

Understand statutory exceptions that remain. In some contexts, certain government agencies can access expunged records for licensing, child welfare, or law enforcement purposes even after expungement. Additionally, expungement does not necessarily restore eligibility for certain firearm rights if the order does not specifically address those rights. Read the statutory text carefully about where you may lawfully deny the conviction and where limited exceptions permit agency access to expunged records.

If a third party refuses to correct an inaccurate report after you have provided certified documentation seek legal advice. Where vendors violate reporting obligations you may have consumer remedies but these involve additional cost and time. Maintain neat records and one or two confirmatory TBI checks in the months following implementation to ensure no residual data remains that could cause future problems.