The first required action is identifying which statutory category fits your situation. Tennessee’s expungement statute is not a single catch-all provision; it contains different subsections for arrests without prosecution, dismissals, convictions under restrictive subsections, juvenile matters, pardons, and diversion completions. Determining where your case sits requires careful reading of the statute and the official guidance. For example, a case dismissed by the prosecution is frequently eligible under an arrest or dismissal category, while a conviction may only be eligible if it meets very specific criteria, often limited to certain misdemeanors or certain Class E felonies under narrow circumstances. This distinction matters because the filing forms, required attachments, waiting periods, and the burden of proof vary depending on the subsection invoked.

Practically, begin by obtaining the official case disposition from the clerk and compare the disposition language to statutory definitions. If your final disposition states dismissed, nolle prosequi, or not guilty, that is typically favorable. If it states convicted, you must confirm whether that conviction is addressed by a statutory subsection allowing expunction, since many serious offenses are explicitly excluded. Check Tenn. Code Ann. § 40-32-101 and current Tennessee Courts and TBI guidance to match your facts to the correct pathway. When in doubt, consult the clerk or an attorney experienced in Tennessee expunction law.

To prove eligibility, attach certified court documents with precise case identifiers: docket or case number, charge descriptions, arrest date, and final disposition with dates. The clerk’s office issues certified dispositions; these are often required because the expungement process relies on the official recorded disposition rather than informal copies. Certified documents let the court and agencies, including the TBI, match the petitioner’s record to the precise entry to be expunged.

Also gather related documentation such as diversion completion certificates, proof of sentence completion, certificates of pardon, or dismissal orders. If you have out-of-state convictions or arrests, obtain certified records from those jurisdictions as well, since many Tennessee pathways require disclosure of other convictions and treat out-of-state records as potential disqualifiers. Accuracy is essential, since missing or incorrect identifiers can cause denial or delay if agencies cannot match the expungement order to their records.

If the case has multiple charges across different dockets, prepare a clear list and certified dispositions for each to ensure complete relief.

Tennessee uses different petition forms and order templates depending on which subsection you invoke. Use official forms from Tennessee Courts or TBI. Form language must match the statutory relief sought, since an expungement order for an arrest dismissal differs in format from an order expunging a conviction under a specific subsection. Using the wrong form or an outdated template is a common source of delay or rejection.

Verify form versions and any recent legislative updates before filing. State agencies periodically update forms and submission instructions, and standardized order templates improve agency processing. Use TNCourts.gov or TBI pages for official downloads. If paperwork requires specific verbiage, do not substitute your own language, since courts and agencies rely on standardized fields to implement orders in automated systems.

Fill the petition carefully: your name, aliases, date of birth, case numbers, charges, and dispositions must be exact. Many local clerks provide checklists; follow them. Attach certified dispositions, proof of identity, payment receipts showing fines and restitution cleared, diversion completion certifications, and any pardon documentation. If the statute requires listing prior convictions, disclose them completely, since nondisclosure can lead to denial or later sanctions.

Include a clear statement of why you meet the statutory elements. For conviction-based petitions, you often must show the required waiting period has passed and that you have no disqualifying convictions. For dismissal-based petitions, the clerk’s certification showing no prosecution is strong evidence. If filing for juvenile records, follow juvenile-specific filing practices and seal requests.

File the petition in the court where the case originated, whether criminal court, general sessions, or juvenile court as appropriate. Counties have different filing fees; some dismissal-based petitions may be fee-exempt under statute. Ask the clerk for the current fee schedule. When filing, request a filed and stamped copy and the docket number for your records.

Follow local service rules, since some courts require serving the district attorney or other interested parties. The clerk often forwards a filed petition to the DA for review. Keep extra copies and a stamped receipt to prove filing and service.

Clerks and the district attorney play pivotal roles. In many counties the clerk will certify whether local records show other charges, and procedural updates sometimes require clerk certification before the judge acts. The district attorney reviews petitions for legal sufficiency and may consent or file an objection. If the DA objects, they must articulate legal grounds, commonly claiming statutory ineligibility or unresolved restitution or fines. Expect contested petitions to move to hearing.

If the DA does not object, some courts will issue an order without a hearing. However, you should still confirm the entry of the signed order and obtain certified copies for agency submission.

When a hearing is necessary due to a DA objection or statutory requirement, prepare to present organized evidence: certified dispositions, proof of payment, diversion completion documents, character references if appropriate, and rehabilitation documentation where statutory discretion applies. Judges rule based on written law, so focus on statutory elements, but persuasive contextual information can help when the statute allows judicial discretion.

Bring certified copies of all exhibits and a binder with a table of contents. For complicated out-of-state matters, submit certified records ahead of the hearing as directed by the clerk.

If the judge grants relief, they sign an expungement order. Use the standardized order language recommended by Tennessee Courts and TBI so agencies can process the order efficiently. The order should specify exact case numbers, dates, charges, and the database entries to be expunged. Judges sometimes sign orders with insufficient identifiers; if this occurs, the clerk or petitioner must follow up to amend or supplement the order to avoid partial implementation.

Obtain certified copies of the signed order for submission to the TBI, arresting agencies, Department of Safety, and other record holders. The order is the primary document that triggers agency action.

After obtaining certified copies, submit the order to the Tennessee Bureau of Investigation and relevant local agencies. TBI processes the order and updates state criminal history records, while local law enforcement and court data repositories must also implement the order. Processing times vary by agency and workload.

Follow up by requesting written confirmation that TBI and the clerk updated their records. If any agency fails to act, re-submit the certified order with precise identifiers. In some cases you may need to file a motion to compel compliance if agencies ignore the order.

Once agencies process the order, verify state TBI records and local court records are updated. Order a post-expungement criminal history check from TBI or request written confirmation to confirm removal. Private background vendors sometimes retain cached copies; provide them with a certified order and request correction.

Understand your legal position: in most application contexts you may lawfully state that the expunged arrest or conviction did not occur, subject to narrow statutory exceptions. Keep certified copies indefinitely, since future employers or licensing boards may request proof. If a party continues to report expunged information, present the order and consider court enforcement if necessary.