Can Someone File an Expungement on Behalf of Another Person in Tennessee?

⚖️ Overview

In Tennessee, an expungement allows an eligible individual to permanently remove certain criminal records from public view. Many people wonder whether a family member, attorney, or advocate can initiate this process on behalf of someone else — for example, for a person who is incarcerated, deceased, or otherwise unable to handle the paperwork personally. Under Tennessee Code Annotated § 40-32-101, the law provides clear guidance on who may petition for expungement and the narrow circumstances in which another person can act on the petitioner’s behalf.

In general, Tennessee requires that the person whose record is to be expunged — known as the petitioner — be the one to sign and file the petition. However, there are exceptions. When an individual has appointed a licensed attorney through a written power of attorney or attorney-client relationship, that attorney may file and argue the petition on the petitioner’s behalf. Additionally, if the petitioner is deceased, Tennessee courts allow certain relatives or estate representatives to file a posthumous expungement to clear the deceased person’s record.

The Tennessee courts emphasize that expungement is a personal right, not an automatic administrative action. Therefore, the court must have verified consent or a lawful basis — such as guardianship, representation, or court appointment — before processing a petition filed by someone other than the individual named in the record. This article explains who may legally apply, when third-party filings are accepted, and the benefits and limits of such petitions under state law.

👥 Who Benefits and Who Can File

The primary beneficiaries of expungement in Tennessee are individuals seeking to erase records that interfere with employment, housing, licensing, or reputation. But in some situations, family members, attorneys, or legal guardians play an essential role in ensuring that this relief is obtained. Below are the main categories of people who may benefit and who may file petitions on someone’s behalf:

1️⃣ Eligible Individuals

Anyone who has been arrested, charged, or convicted of an offense that qualifies for expungement under Tenn. Code Ann. § 40-32-101(g) may petition for removal of the record. This includes individuals whose charges were dismissed, resulted in a “not guilty” verdict, or were eligible misdemeanor or Class E felony convictions with no additional disqualifying history.

2️⃣ Attorneys Filing for Clients

A licensed Tennessee attorney can file an expungement petition on behalf of a client. In this case, the attorney acts as the petitioner’s representative under the attorney-client relationship. The petition must include the client’s signature, or if the client cannot sign due to incarceration or illness, a verified power of attorney must accompany the filing. Attorneys regularly file these petitions for clients who are serving time, are located out of state, or are otherwise unable to attend court personally.

3️⃣ Court-Appointed Guardians or Conservators

If the petitioner has been declared legally incapacitated, a court-appointed guardian or conservator may act on their behalf. The guardian must attach a certified copy of the appointment order and a sworn statement explaining why the ward cannot sign or appear personally. Courts in Tennessee have recognized such petitions where the underlying conviction or arrest interfered with the ward’s eligibility for benefits or housing.

4️⃣ Personal Representatives of Deceased Individuals

Since 2017, Tennessee courts have occasionally granted posthumous expungements when a deceased person was clearly eligible at the time of death. A surviving spouse, adult child, or estate executor may file the petition to clear the record. The filing must include a copy of the death certificate and evidence that the case would have qualified for expungement during the person’s lifetime. This form of relief helps restore dignity to the deceased and bring closure to their family.

5️⃣ Parents of Juvenile Offenders

For juvenile records, parents or legal guardians may file for sealing or expungement once the minor reaches the statutory eligibility age (typically 18) or completes diversion. Tennessee juvenile courts allow this practice because minors cannot independently file certain legal motions, and the goal of the juvenile system is rehabilitation rather than punishment.

🌟 Benefits of Filing an Expungement on Behalf of Another Person

Helping someone obtain expungement can profoundly affect their future and the wellbeing of their family. Below are the main benefits recognized by Tennessee courts and legal practitioners.

✅ 1. Restoration of Opportunities

Clearing a criminal record opens doors to better jobs, professional licenses, and educational opportunities. When an attorney or relative helps a person file, it can accelerate their reintegration into society, especially when the petitioner is incapacitated, incarcerated, or struggling with financial barriers.

✅ 2. Preservation of Family Reputation

Posthumous expungements protect family reputation and prevent future stigma. For instance, if a relative’s old dismissed charge still appears in public databases, family members may seek expungement to ensure accurate historical records and protect survivors from association with that case.

✅ 3. Legal Efficiency

Attorneys and guardians familiar with procedural rules ensure petitions are accurate and complete. This reduces rejection rates and delays. When filed correctly, expungement orders move quickly from the clerk’s office to the Tennessee Bureau of Investigation (TBI) for processing.

✅ 4. Compassionate Relief for Deceased or Disabled Individuals

Allowing legal representatives to act on behalf of those who cannot advocate for themselves ensures fairness. Tennessee courts emphasize equitable relief and often approve such petitions when the intent aligns with justice and rehabilitation goals.

✅ 5. Community and Social Impact

Each expungement helps reduce recidivism and improves community stability. When advocates, attorneys, or families assist in these filings, they contribute to larger social benefits — including reduced barriers to employment, improved mental health, and stronger community reintegration.

In the next section (Part 2), we will provide a detailed, step-by-step explanation of how to file an expungement on behalf of another person in Tennessee, including 10 comprehensive steps with legal context, forms, and timelines.

🧾 Step-by-Step Process (Steps 1–10)

⚖️ Step 1: Confirm Eligibility Under Tennessee Expungement Law

The very first step in filing an expungement on behalf of another person in Tennessee is to confirm that the underlying case qualifies under Tennessee Code Annotated § 40-32-101. The law only allows expungement for certain types of charges or convictions. Eligibility depends on the final outcome of the case — whether the charges were dismissed, resulted in a not guilty verdict, or fall under specific low-level misdemeanor or Class E felony categories.

If the case was dismissed, nolle prosequi (not prosecuted), or the person completed a diversion program, expungement is typically available immediately. For convictions, Tennessee law limits eligibility to specific non-violent offenses, and the petitioner must have completed all sentencing requirements, including probation and restitution. Courts will not grant expungement if the petitioner has multiple felony convictions or pending criminal cases.

When filing on behalf of another person — whether as an attorney, guardian, or family member — confirming eligibility first is essential. Submitting a petition for an ineligible record wastes court resources and could permanently affect future chances for expungement. Attorneys usually start by obtaining certified case copies from the county clerk or criminal court clerk’s office where the case was heard.

If the person is deceased, additional verification is needed to show that the case would have qualified during their lifetime. Supporting evidence such as a death certificate and the original judgment entry should accompany the filing. For help determining eligibility, applicants can also use online tools like LegalAtoms, which asks simple questions and generates the proper forms for Tennessee expungement petitions.

📝 Step 2: Establish Legal Authority to File on Another’s Behalf

Before any paperwork is filed, the individual submitting the petition must demonstrate they have legal standing to act for the petitioner. In Tennessee, only a few categories of people have this authority:

• Licensed attorneys representing clients under an attorney-client relationship.
• Guardians or conservators appointed by a Tennessee court for incapacitated individuals.
• Personal representatives or executors filing posthumous expungements for deceased individuals.
• Parents or legal guardians filing juvenile expungement petitions.

Each of these representatives must submit documentation showing their legal authority. For attorneys, this is often an appearance notice or signed power of attorney. Guardians must include a certified copy of the court order appointing them. Executors should attach probate court documents and a death certificate if the petitioner has passed away.

Without this documentation, the court clerk will reject the filing. Tennessee’s Administrative Office of the Courts emphasizes that expungement is a personal right and cannot be initiated by an unrelated third party. Establishing authority early avoids dismissal and ensures compliance with due process requirements.

📂 Step 3: Obtain Certified Records and Case Information

Expungement petitions must include exact case details, including docket numbers, dates, and the disposition of each charge. The filer should obtain certified copies of the final judgment or dismissal order from the county’s criminal court clerk or general sessions court. Tennessee requires these records to confirm that the charges were resolved in a way that qualifies for expungement.

If multiple cases exist in different counties, separate petitions may be required for each. For posthumous or guardian-filed petitions, it’s helpful to attach a timeline of events explaining how the record meets eligibility requirements. The Tennessee Bureau of Investigation (TBI) will later cross-check these records when processing the order after it’s granted by the judge.

Applicants can also request a copy of the petitioner’s Tennessee criminal history report from the TBI for verification. This report ensures no other disqualifying convictions exist. Attorneys often include this as supporting documentation, particularly for out-of-state clients or deceased individuals whose prior records may be incomplete.

📃 Step 4: Complete the Petition for Expungement Form

The official form used in Tennessee is the “Petition for Expunction of Public Records” — sometimes titled “Petition for Expungement.” This form is available at every county criminal court clerk’s office or from the Tennessee Administrative Office of the Courts website. When filing for another person, the form must clearly indicate who the petitioner is and who is signing or filing it on their behalf.

The petition must include:

• Full name, date of birth, and contact details of the petitioner (person whose record is to be expunged).
• The case number(s), charge(s), and the county where the case occurred.
• The date and outcome of the case (dismissal, acquittal, or conviction type).
• A statement confirming that all court costs, restitution, and sentences were completed.
• A declaration that the petitioner has no pending charges or other felony convictions.

The representative — such as an attorney, guardian, or executor — should sign as “Authorized Representative” and attach proof of authority. Many filers choose to prepare the forms online using LegalAtoms, which simplifies the questions and produces a ready-to-file petition matching Tennessee’s court format.

📬 Step 5: File the Petition with the Circuit or Criminal Court Clerk

Once the petition is completed, it must be filed with the circuit or criminal court clerk in the county where the case originated. Filing in the wrong county will delay or invalidate the petition. The clerk’s office will assign a case number and forward the petition to the presiding judge for review.

Attorneys and representatives may file in person or by mail. Some counties in Tennessee allow e-filing, though this varies by jurisdiction. The filing must include all attachments — proof of representation, certified case documents, and identification copies. If the petitioner is deceased or incapacitated, the filing must include the appropriate supporting legal documents.

Most counties charge a small filing fee unless the case was dismissed or resulted in a not-guilty verdict, in which case the petition is typically free under Tennessee law. Always check with the specific county clerk before submission, as local practices differ slightly.

⚖️ Step 6: Serve Notice on the District Attorney’s Office

Tennessee law requires that the District Attorney General for the county be notified whenever an expungement petition is filed. This step ensures that the state has an opportunity to review the case and raise any objections. The petitioner or their representative must deliver or mail a copy of the petition to the DA’s office.

In most cases, the DA will not oppose an expungement for dismissals or acquittals. However, for convictions, the DA may review whether all eligibility conditions were met — including completion of probation, restitution, and a clean record since conviction. If no objection is filed, the court may grant the expungement administratively or after a short hearing.

Attorneys typically handle this step automatically. For family members filing pro se, it is crucial to document the delivery (using a certified mail receipt or clerk’s acknowledgment) to prove compliance with notice requirements. Missing this step can delay or nullify the petition.

🧑‍⚖️ Step 7: Court Review and Possible Hearing

Once filed and served, the petition will be reviewed by a judge. The court examines the petition, supporting documents, and the DA’s position. In many Tennessee counties, if the petition is unopposed and all statutory requirements are met, the judge signs an Order of Expungement without a hearing. However, if there are objections, the court schedules a short hearing to resolve any issues.

During the hearing, the petitioner or their representative may be required to explain why the record qualifies for expungement. The attorney or family member should be prepared to show proof of eligibility, completion of sentencing, and absence of additional convictions. If the petitioner cannot attend (due to death, disability, or incarceration), the court will allow the authorized representative to appear and testify.

The judge then issues a ruling — either granting or denying the petition. If granted, the order is signed and transmitted to the Tennessee Bureau of Investigation for processing.

📤 Step 8: Transmission of the Expungement Order to the TBI

After the judge signs the expungement order, the clerk of court sends certified copies to the Tennessee Bureau of Investigation (TBI) and the arresting agencies involved in the case. The TBI updates its central criminal history records to reflect that the case has been expunged. This process typically takes four to six weeks.

For posthumous expungements or guardian filings, representatives may request confirmation from the TBI once the record has been cleared. The TBI will not provide detailed background information but will confirm whether the record was successfully removed from public databases. Attorneys often keep these confirmations for their clients or family members for future use in employment or estate matters.

🧾 Step 9: Verify Removal of Records from Local and Online Databases

Once the TBI processes the expungement, the representative should confirm that local law enforcement, court databases, and online record systems have updated accordingly. This includes checking the county clerk’s website, state judicial records, and background check services. If old information remains visible after 90 days, the representative can contact the TBI or the local clerk to request correction.

Expungement removes the record from public access, but private data brokers or background check companies may retain outdated copies. Attorneys often send removal requests to these entities using a copy of the expungement order. Doing this ensures full privacy restoration and prevents future issues for the petitioner or their family.

🔄 Step 10: Maintain Copies and Follow Up on Future Legal Needs

The final step is recordkeeping. Once the order has been processed, the representative should keep certified copies of the Order of Expungement and the petition for permanent records. These documents may be needed if questions arise later about background checks, firearm rights, or professional licensing applications.

For guardians or family members, retaining these documents is especially important since the petitioner may not be able to request them directly. If future legal actions depend on proof of expungement, these copies provide the necessary evidence.

For additional support or to ensure accuracy, individuals can use LegalAtoms to prepare future petitions or modification forms through guided online interviews that produce court-compliant filings for Tennessee expungements.

In the next section (Part 3), we’ll discuss the costs, timeframes, limitations, and risks involved when filing an expungement on behalf of another person in Tennessee.

💰 Costs Associated with Filing an Expungement on Behalf of Another Person

In Tennessee, the costs of filing an expungement petition depend on the nature of the underlying case and the outcome. If the charges were dismissed, resulted in a not-guilty verdict, or ended in a “nolle prosequi,” the expungement is generally free of charge. The Tennessee legislature intentionally removed filing costs for such cases to ensure that individuals who were not convicted are not penalized financially for clearing their records. For conviction-based expungements, however, Tennessee Code Annotated § 40-32-101 requires payment of a state fee of approximately $100, along with any applicable county clerk administrative charges. These payments go to the Tennessee Bureau of Investigation and local clerks for processing and record maintenance.

When an attorney, guardian, or family representative files on another person’s behalf, the same fee structure applies. Some courts may also require an additional administrative filing fee, typically under $50. Attorneys may charge separate service fees for drafting petitions, gathering documentation, and attending hearings, depending on the complexity of the case. For deceased individuals, estate funds or family members usually bear the expense, while for incapacitated persons, the guardian’s authorized budget covers it. Applicants with low income may request a fee waiver by submitting an Affidavit of Indigency, available from any Tennessee clerk’s office. The court reviews such affidavits and may grant full or partial relief from payment obligations. It is always advisable to confirm costs with the county clerk before submission, as fee schedules may vary slightly among Tennessee’s 95 counties.

⏱️ Time Required for the Expungement Process

The total time required to process an expungement petition in Tennessee varies depending on the court’s workload and whether the case is opposed. In uncontested cases involving dismissals or acquittals, the process can take as little as six to eight weeks from the date of filing. For conviction-based expungements, the review process often takes longer, typically between three and six months, as the court must verify completion of all sentencing requirements and ensure that the petitioner meets statutory eligibility standards. Once the judge signs the expungement order, the Tennessee Bureau of Investigation usually needs an additional four to six weeks to update statewide databases and notify law enforcement agencies.

When a petition is filed by an attorney, executor, or guardian, the timeline can be extended if additional documentation is required to prove authority to act on behalf of the petitioner. For posthumous filings, the court may also request verification from the probate division before entering an order, adding a few more weeks to the timeline. Despite these variations, Tennessee’s expungement process is relatively efficient compared to other states. Applicants are encouraged to maintain communication with the county clerk and the district attorney’s office to monitor case progress and ensure timely follow-up once the order is transmitted to the TBI.

⚠️ Limitations of Filing an Expungement on Behalf of Another Person

While Tennessee law permits certain third parties to file expungement petitions, there are notable limitations on this authority. Only attorneys, court-appointed guardians, legal conservators, or estate representatives of deceased individuals may lawfully act on another’s behalf. Family members or friends without legal authority cannot initiate a petition unless they are named as the personal representative through a court order. Any filing made without this authority will be dismissed for lack of standing. Additionally, expungement does not apply to all offenses — violent crimes, sex offenses, DUIs, and many felonies remain ineligible under Tennessee Code Annotated § 40-32-101(g)(1)(A). The law also excludes individuals with multiple felony convictions or those who have pending criminal cases at the time of filing.

Another limitation arises from the principle that expungement affects only state-controlled records. Once a Tennessee court grants expungement, it directs agencies such as the TBI, local law enforcement, and the Administrative Office of the Courts to erase the record. However, the order cannot compel private background-check companies, internet databases, or out-of-state agencies to delete the information immediately. Representatives filing on someone’s behalf should therefore understand that additional steps may be needed to ensure complete privacy restoration. Furthermore, posthumous expungements, though increasingly recognized, are still considered discretionary by judges. Courts evaluate them on a case-by-case basis to ensure the filing serves justice and not simply reputation management.

🚧 Risks and Unexpected Problems

Although expungement generally provides relief and a clean start, several risks and unexpected challenges can arise, particularly when filing for another person. The most common issue is procedural rejection due to incomplete documentation of legal authority. Clerks will not process a petition filed by someone who lacks a certified guardianship order, power of attorney, or probate appointment. Even minor omissions — such as a missing death certificate or unsigned affidavit — can cause weeks of delay. Additionally, inconsistencies between court records and TBI databases may prevent the expungement from fully clearing across systems. Representatives should verify all case details before submission to avoid such discrepancies.

Another risk is that the Tennessee court may deny the petition if it determines the offense is ineligible, even if the representative believed otherwise. Filing prematurely before completing all probation or restitution obligations can also lead to denial. In some cases, district attorneys object to petitions they consider incomplete or misleading, prompting a court hearing. When that happens, an attorney’s involvement is critical to resolving the objection effectively. Finally, applicants should be aware that once an expungement petition is denied, re-filing is generally not allowed unless new evidence or eligibility circumstances arise. Therefore, thorough preparation and accurate legal authority are essential to avoid permanent denial of relief.

Posthumous and guardian-filed petitions also involve emotional and logistical challenges. Family members pursuing expungement for a deceased relative may experience frustration with long processing times or the need to coordinate between probate and criminal courts. Guardians filing for disabled individuals must carefully document how expungement benefits the ward — such as improving access to housing or benefits — to demonstrate good cause. Despite these hurdles, Tennessee courts have shown flexibility when representatives act in good faith and follow all procedural requirements.

📚 Tennessee Legal Resources and Assistance

Individuals or representatives seeking to file an expungement on behalf of another person should consult the following official Tennessee resources for accurate forms and guidance:

• Tennessee Administrative Office of the Courts (AOC): Provides official expungement forms and statewide procedural instructions through local clerk offices.

• Tennessee Bureau of Investigation (TBI): Handles the removal of expunged records from state databases and confirms successful processing of orders.

• Tennessee State Bar Association – Access to Justice Commission: Offers referrals to pro bono or low-cost attorneys experienced in expungement and guardianship matters.

• Local County Circuit or Criminal Court Clerk: Each county maintains its own expungement filing procedures and may provide clerk-assisted guidance on submission requirements.

Applicants who are uncertain about the process or wish to avoid procedural errors can use LegalAtoms to prepare Tennessee expungement petitions. The platform uses guided questions to create accurate, ready-to-file forms that comply with state law, which can be especially helpful for attorneys or representatives filing on behalf of others.

In conclusion, Tennessee law does allow certain individuals — such as attorneys, guardians, and estate representatives — to file expungement petitions on behalf of another person. However, the process requires careful attention to eligibility, documentation, and procedural compliance. When handled properly, such filings restore rights, dignity, and opportunity to individuals and families affected by lingering criminal records.