By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law
Every year, I meet people in Nashville who made one mistake a decade ago and are still paying for it. A shoplifting charge at 19 that’s showing up on apartment applications at 32. A marijuana possession from college that’s blocking a nursing license. A dismissed case that still appears on background checks because “dismissed” is different from “gone.”
If that’s you — or if you just finished a case and want to know what “expungement” really means — this post is for you.
Tennessee expungement law is powerful, but it’s narrower than most people assume. Let me walk you through exactly who qualifies, what an expungement actually does, and how to make it happen.
What Is an Expungement, Really?
In Tennessee, an expungement is a court order that removes a criminal record from public databases. Once it’s done:
- The charge no longer appears on background checks
- You can legally say “no” on most job and apartment applications when asked about convictions
- Court clerks destroy or seal the physical record
- The TBI and the FBI remove it from their databases
What it does not do:
- Make the case disappear from your memory (obviously), or from news articles, mugshot websites, or private databases that may have archived the record. Those usually require separate removal requests.
- Restore rights you lost that weren’t restored separately (gun rights after a felony, for example, have their own process)
- Apply to federal cases (federal records require a federal process)
Think of it as a wipe from the official court and state databases. Private actors aren’t obligated to follow, but most do when you provide the expungement order.
Who Can Expunge a Criminal Record in Tennessee?
Tennessee law offers multiple paths to expungement depending on what happened in your case:
1. Dismissed Charges and Not-Guilty Verdicts
Under [Tenn. Code Ann. § 40-32-101](https://law.justia.com/codes/tennessee/), any charge that was dismissed, nolle prossed, or resulted in a not-guilty verdict is expungeable.
- Cost: Currently free for dismissals
- Waiting period: None — you can file immediately
- Eligibility: Automatic in most cases
If your case was dismissed, the arrest record alone still shows up on background checks until it’s formally expunged. Don’t assume dismissal is enough. It isn’t.
2. Completed Judicial Diversion
Under [Tenn. Code Ann. § 40-35-313](https://law.justia.com/codes/tennessee/), if you successfully completed judicial diversion, you can petition to have the case expunged. This is the classic first-offender path.
- Waiting period: None after successful completion
- Requirements: All conditions met, probation completed, fees paid
- Result: Dismissal and expungement
3. Completed Pretrial Diversion
Similar mechanism as judicial diversion but entered earlier, before a plea. Also expungeable on completion.
4. Certain Misdemeanor and Class E Felony Convictions
Under [Tenn. Code Ann. § 40-32-101(g)](https://law.justia.com/codes/tennessee/), even some convictions can be expunged after a waiting period. This is the biggest and most underused provision.
Qualifying convictions include many non-violent misdemeanors and a subset of Class E felonies. Excluded offenses include:
- DUI (with very limited exceptions)
- Most sex offenses
- Violent offenses
- Firearm offenses
Waiting period: 5 years after completion of sentence (all probation, fines, restitution done) for most eligible convictions.
Condition: You must have no other convictions in the intervening period (with narrow exceptions for minor traffic offenses).
5. Certain Class C and D Felony Convictions (Special Provisions)
Tennessee has expanded expungement eligibility over time. As of recent amendments, some Class C and D felonies may be eligible after longer waiting periods (typically 10 years) with no intervening convictions.
6. Multiple Offenses Expungement
A 2018 amendment allows petitioners with more than one eligible conviction to petition for expungement of all of them — but the waiting period runs from the most recent qualifying offense.
The Step-by-Step Expungement Process in Davidson County
1. Obtain Your Records
- Request a certified copy of the disposition from the court clerk where the case was handled (Davidson County Criminal Court Clerk, Williamson County Clerk, etc.)
- Get a Tennessee Bureau of Investigation (TBI) background check to confirm what actually shows up
2. Confirm Eligibility
- Verify the offense is eligible under the applicable statute
- Confirm the waiting period has passed
- Confirm no disqualifying intervening convictions
3. Draft and File the Petition
- File the Petition for Expungement in the court that handled the original case
- Pay the filing fee (varies by case type — free for dismissals, around $180 for conviction expungements, subject to change)
- Serve the District Attorney’s office
4. Attend the Hearing (If Required)
- Dismissals are often granted without a hearing
- Conviction expungements typically require a hearing where the DA can object
5. Obtain the Order and Distribute It
- Once the judge signs the order, the court clerk notifies TBI and the FBI
- You should also personally send certified copies to: any background-check company that has reported the charge, the arresting agency, and anyone else you know has the record
6. Follow Up
- Wait 30-60 days, then pull a fresh background check to verify the record is gone
- If it still appears somewhere, send the expungement order directly to that source
Common Misconceptions
“My case was dismissed so it’s already gone.”
Not true. The arrest and filing still appear on background checks until formally expunged. Dismissal is the eligibility; expungement is the action.
“After 7 years it falls off my record.”
Not true in Tennessee. This is confusion with consumer-credit reporting rules under the federal Fair Credit Reporting Act, which limits how far back certain commercial background-check companies can report — but convictions can legally be reported indefinitely in many contexts, including employment background checks for higher-salary positions.
“I can just handle this myself.”
You can — it’s legal to represent yourself on an expungement. For straightforward dismissals, that often works. For convictions or multi-charge histories, a lawyer’s review is worth it. I’ve seen people wait the 5 years, file the petition, and get denied because of a misunderstanding about a disqualifying offense.
“Expungement restores my gun rights.”
Not automatically. For felonies, gun rights restoration is a separate Tennessee process, and federal firearm restrictions have their own rules. An expungement doesn’t necessarily remove the federal “prohibited person” status.
“If I move to another state, the record follows me.”
Generally yes. State convictions follow you because they’re in FBI/NCIC databases. But a Tennessee expungement removes the record from those databases, which means the record stops following you once the order is processed.
What an Expungement Is Worth
Let me give you a concrete sense of what this unlocks for clients I’ve worked with:
- A theft conviction from 2015 expunged in 2023 — client got hired into a hospital administrator role that had been blocked by that conviction for 8 years
- A marijuana possession dismissal from 2011 finally expunged in 2024 — client was able to move into her dream apartment building that ran background checks
- A 2018 simple assault conviction expunged in 2024 — client’s teaching license application went through after years of being stuck
The peace of mind matters too. Being able to stop answering “yes” on every application. Not holding your breath when a new employer runs a check.
Frequently Asked Questions
Is there a waiting period if my case was dismissed?
No. A dismissal is eligible for expungement as soon as the order is entered. Many people wait — but they don’t have to.
Does expungement cost money?
- Dismissals: currently free in Tennessee
- Diversion completions: minimal filing fee
- Conviction expungements: around $180 filing fee, plus attorney’s fees if you hire one
Can my expunged record be used against me later?
In most civil contexts, no. Law enforcement in certain circumstances (a subsequent criminal case, federal immigration proceedings) may still access sealed records, but for everyday employment and housing purposes, it’s gone.
How long does the process take?
Dismissals in Davidson County are usually processed in 2-4 months. Conviction expungements take longer — 3-6 months with a hearing.
What if I have multiple charges?
A single petition can cover multiple eligible offenses. The waiting period resets based on the most recent eligible conviction.
What if my offense is a federal charge?
Federal expungements are extremely limited. A federal presidential pardon is technically possible but rare. Federal records generally cannot be expunged the way state records can.
What about my mugshot?
Private mugshot websites don’t automatically take mugshots down when you expunge. You or your attorney can send the expungement order and request removal. Most comply; a few require more pressure.
One Thing I Want You to Remember
A criminal record is not a life sentence to low-paying jobs and denied apartments. Tennessee’s expungement law is real, it’s usable, and most people who qualify for it don’t know they do.
The younger version of you made a mistake. The current version of you deserves to apply for jobs, housing, and licenses without that mistake answering for you.
Ready to Expunge a Record in Tennessee? Let’s Talk.
If you have a dismissed case, a completed diversion, or a conviction that may now be eligible — bring me the facts and I’ll tell you honestly whether expungement makes sense in your case.
📞 Call or text (615) 664-8083 Free, confidential consultation. Available 24/7. Cate Law — 222 2nd Ave N, Suite 220, Nashville, TN 37201
This article is general information, not legal advice. Expungement eligibility depends on the specific facts of your case, the charge involved, and the full record history. For advice on your situation, contact Cate Law for a free consultation.
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