Tennessee Expungement: 2021 Reforms and How to File
Tennessee expanded expungement significantly in 2021. Class E felonies, more misdemeanors, and a rebuttable presumption in your favor. Here is who qualifies and how to file.
Tennessee made significant changes to its expungement law in 2021. Seven separate reform bills passed that year, and the practical effect is that more people now qualify than at any other time in the state's history. One of the biggest changes: if you file a petition that meets the legal requirements and the District Attorney does not object with actual evidence, the court must grant your petition. That rebuttable presumption did not exist before 2021, and it changes the dynamic significantly.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What Tennessee changed in 2021
The 2021 reforms were not a single bill — they were seven separate pieces of legislation that collectively expanded who qualifies and how the process works. Here are the changes that matter most for people trying to clear their records.
Rebuttable presumption in your favor. This is the most important change. Before 2021, the burden was on you to convince the court that expungement was warranted. Now, if you meet the statutory requirements and the DA does not oppose your petition — or opposes it without admissible evidence showing it is against the interests of justice and public safety — the court must grant the expungement. The burden shifted.
More eligible offenses. Two additional Class E felonies were added to the eligible list. The legislature also clarified eligibility for certain misdemeanor categories that had been ambiguous under the prior law.
Process improvements. The reforms streamlined several procedural steps and clarified the timeline for how DAs must respond. The goal was to make the process faster and more predictable.
Who qualifies — and who does not
Tennessee expungement eligibility depends on the specific offense, not just the offense class. Not all Class E felonies qualify — only those specifically listed in the statute. The same is true for some misdemeanor categories. You need to check whether your specific charge appears on the eligible list.
May qualify
- Eligible misdemeanor convictions — after 5 years from sentence completion
- Eligible Class E felony convictions — after 5 years from sentence completion
- Certain Class C and D felony convictions — after 10 years (limited list)
- Dismissed charges — immediately, no waiting period
- Acquittals (not guilty verdicts) — immediately
- Nolle prosequi (DA declined to prosecute) — immediately
- Completed judicial diversion — upon completion
- Arrests that did not result in charges — immediately
Generally does not qualify
- Sex offenses requiring registration on the sex offender registry
- Violent felonies not listed in T.C.A. § 40-32-101(g)
- DUI convictions
- Domestic assault convictions
- Class A and B felonies
- Offenses involving a minor victim
- Any offense where the person has pending charges
- Any offense where the person has a subsequent conviction during the waiting period
The eligible offense list is specific. Tennessee maintains an online options guide at tncourts.gov/expungements. Use it before filing — it is more reliable than guessing based on offense class alone.
Waiting periods
Tennessee measures the waiting period from the date your sentence was fully completed — not your conviction date. Sentence completion means probation ended, parole ended, all fines paid, all restitution paid, and any community service finished. The clock does not start until every piece of your sentence is done.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Eligible misdemeanor conviction
Clock starts: Date sentence fully completed (including probation)
All court costs, fines, and restitution must be paid. No new convictions during the waiting period.
Class E felony conviction
Clock starts: Date sentence fully completed
Class E felonies became eligible under 2012 law. The 2021 reforms added a rebuttable presumption in the petitioner's favor.
Class C or D felony conviction
Clock starts: Date sentence fully completed
Only specific Class C and D felonies are eligible. The list is in T.C.A. § 40-32-101(g). More limited than Class E.
Dismissed charges or acquittal
Clock starts: Date of dismissal or acquittal
No waiting period. Filing fee is typically lower for non-conviction records.
Diversion program completed
Clock starts: Date of successful program completion
Judicial diversion completions are eligible for expungement. Contact the court where diversion was granted.
Nolle prosequi (DA declined to prosecute)
Clock starts: Date of nolle prosequi entry
You can petition as soon as the DA formally declines to prosecute.
The rebuttable presumption — why it matters
Before 2021, Tennessee expungement hearings could feel like a coin flip. You filed your petition, the DA could object, and the judge made a subjective call about whether expungement was in the public interest. Now, the law creates a rebuttable presumption in your favor.
What that means in practice: if you meet all the statutory requirements — right offense, right waiting period, no new convictions, all obligations paid — the court starts from the position that your petition should be granted. The DA has to bring actual evidence to overcome that presumption. If the DA does not respond, or responds without admissible evidence, the court grants the petition. Period.
This is a meaningful shift. It does not guarantee approval in every case, but it moves the default from "maybe" to "yes, unless the DA proves otherwise."
How to file for expungement in Tennessee
The Tennessee expungement process
- 1
Get your Tennessee criminal history
1-2 weeks$29Request your official criminal history from the Tennessee Bureau of Investigation (TBI). This shows every Tennessee arrest, charge, and conviction. You need this to confirm what is on your record and to get accurate case numbers for your petition.
Order online at tn.gov/tbi. The TBI report is the official record — it is more reliable than third-party background check sites.
- 2
Check if your offense is eligible
1-2 hoursFreeTennessee maintains a list of eligible offenses for conviction expungement. Not all misdemeanors and not all felonies qualify — the specific offense matters. Check T.C.A. § 40-32-101(g) for the eligible felony list, or use the Tennessee courts expungement eligibility tool at tncourts.gov.
The Tennessee Administrative Office of the Courts has an online eligibility tool. It is the fastest way to check whether your specific offense qualifies.
- 3
Get the petition form
15 minutesFreeDownload the Petition for Expungement from the Tennessee courts website at tncourts.gov/expungements. Tennessee has specific forms for conviction expungement vs. non-conviction expungement. Make sure you use the correct form for your situation.
- 4
Complete the petition
30-60 minutesFreeFill out the petition with your case number, the court where you were convicted, the offense, your sentencing date, and the date your sentence was completed. You will also need to certify that you have no pending charges and have paid all financial obligations.
If you have multiple eligible offenses from the same court, you may be able to include them on a single petition. Check with the clerk.
- 5
File with the court and pay the fee
1 day$350 for convictions; $100 for non-convictionsFile the completed petition with the clerk of the court where your conviction was entered. For conviction expungements, the filing fee is $350. For non-conviction records (dismissed, acquitted), the fee is $100. If the filing fee is a hardship, ask the clerk about a fee waiver.
Tennessee requires the $350 fee for conviction expungement by statute. Fee waivers may be available for non-conviction expungements but are limited for conviction cases.
- 6
DA review period
30-60 daysFreeThe court notifies the District Attorney. Under the 2021 reforms, there is now a rebuttable presumption in your favor — meaning if the DA does not oppose your petition with admissible evidence showing that expungement is not in the best interests of justice and public safety, the petition must be granted.
The rebuttable presumption is a significant change from before 2021. Previously, you had to prove you deserved expungement. Now, the DA has to prove you do not.
- 7
Court issues the order
30-90 days after the orderFreeIf the court grants your petition, it issues an expungement order. The TBI updates the state criminal history database. Private background check companies have their own timelines for updating. Keep certified copies of the order for your records.
Send a copy of the order to any background check company still showing the record after 90 days. Under the FCRA, they are required to maintain accurate records.
The $350 filing fee
Tennessee charges a $350 filing fee for conviction expungement petitions. That is set by statute, and it is one of the higher filing fees in the country. For non-conviction records (dismissals, acquittals), the fee is $100.
The $350 fee is a real barrier for many people. Tennessee law does not currently provide a broad fee waiver for conviction expungements the way some states do. If cost is an issue, contact your local legal aid office — some organizations have funding to help cover filing fees for expungement petitions.
- Federal records are not affected — FBI and federal databases are separate from Tennessee state records
- Federal employment, military service, and security clearances may still require disclosure
- Law enforcement retains access to expunged records for law enforcement purposes
- Some professional licensing boards may still see expunged records — check with the specific board
- Private background check companies may take 60-90 days to update — send them the court order directly
- Immigration consequences are not resolved by state expungement — consult an immigration attorney
Free legal help in Tennessee
- Legal Aid Society of Middle Tennessee and the Cumberlands — free civil legal help: las.org or 1-800-238-1443
- Memphis Area Legal Services — free legal help in the Memphis area: malsi.org
- West Tennessee Legal Services — free legal help in West Tennessee: wtls.org
- Tennessee Alliance for Legal Services — statewide referrals: tals.org
- Tennessee Bar Association Lawyer Referral Service: tba.org/lrs
- Tennessee courts expungement information: tncourts.gov/expungements — online options guide and forms
- Tennessee Bureau of Investigation: tn.gov/tbi — request your criminal history before filing
Legal aid organizations in Tennessee often handle expungement cases at no cost for income-eligible residents. Apply early — there may be waitlists.
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