New law allows some Tennessee offenders to have their records expunged

By Lee Davis

A recently passed bill which will became law on July 1st will permit some criminals to expunge select felonies and misdemeanors from their records after paying a fee and meeting other court requirements. The law will only apply to those with a single conviction, not repeat offenders.

Before passage of the bill, legislators discussed how the current economic decline has led to a surge in the number of people seeking to expunge their records of criminal convictions. As jobs have become scarcer people found that even old infractions could be used as justification to avoid hiring them. There’s been a surge in the number of requests for expungements over the last few years, from 23,000 in 2007 to some 39,000 across the state in 2011. Legislators say that this recent loosening of restrictions contained in the recent bill will lead to huge additional increases, adding a shocking 60,000 requests each year.

Before the recent passage, a conviction was permanent unless there was an executive exoneration from the governor. Expungement was only allowed for those not guilty or whose charges were dropped or those sentenced to judicial diversion.

The recent passage means that Tennessee will join at least 17 other states that permit first-time offenders to expunge a criminal charge under certain conditions. Under the current law, offenders can only have a single criminal conviction, must be willing to wait for five years after all court requirements have been fulfilled and then must pay $350 to apply to have their one charge expunged. Those seeking expungement must apply in the county where they are convicted and a hearing must be held allowing prosecutors the opportunity to object.

Most of the felonies that are eligible for expungment are property crimes like theft and vandalism where the value of the stolen goods is less than $1,000. Very minor drug charges like simple possession can also be expunged. The majority of misdemeanors are eligible, with the exception of convictions for violent crimes like assault and domestic assault, a few kinds of weapons charges, child neglect, molestation and DUI convictions.

Read: “TN law allows some felons a second chance,” by Brian Haas, published at WBIR.com.

Earlier: "Expungement law goes into effect." by Stevie Phillips

Tennessee’s New Expungement Statute Goes into Effect July 1

By Stevie Phillips

• Criminal Procedure - As enacted, this law authorizes persons to petition for expungement of records of conviction for certain non-violent, non-sexual misdemeanors and Class E felonies

A record of a criminal conviction can have wide-ranging consequences from difficulty securing employment to the loss of the right to vote or own a firearm.  When a conviction is expunged, the record of the conviction is no longer available to the public, and the person receiving the expungement may deny involvement in the underlying offense. 


Currently, under Tennessee Code Annotated section 40-32-101, a person can petition the court for expungement of public records involving a criminal offense, but the record will be expunged only if the charge was dismissed, no true bill was returned by the grand jury, or the person was arrested and released without being charged.  Pursuant to an amendment to this statute that will go into effect on July 1, a person may petition the court for expungement of an actual conviction. 

The person seeking the expungement must meet certain requirements, and not all offenses are eligible.  A person may not seek expungement if she has been convicted of any other offense at any time.  In addition, at least five years must have elapsed since the person seeking expungement fulfilled the requirements of her sentence.  Finally, the conviction is not eligible for expungement if the sentence imposed was a term of more than three years imprisonment. 

The amendment sets out separate but similar standards for convictions based on offenses committed before and after November 1, 1989.  For post-1989 offenses, there is a list of eligible Class E felonies, including but not limited to theft; fraudulent use of a credit or debit card; worthless checks; car burglary; vandalism; and some drug offenses.

Misdemeanors are also eligible for expungement subject to a long list of exceptions.  Offenses related to domestic violence are, notably, not eligible, including domestic assault, violation of a protective order, and possession of a firearm while a protective order is in effect.  Also excluded are a variety of offenses that involve minor victims, including child abuse, neglect, or endangerment.  Finally, a conviction for (DUI) driving under the influence of an intoxicant is also not eligible for expungement. 

Generally, convictions committed before November 1, 1989, are eligible.  Exceptions exist, however, for inerently dangerous offenses or those that require registration as a sex offender, involve intoxicants and a motor vehicle, involve the sale or distribution of some classes of drugs, or that result in serious bodily injury, harm to a minor, or damages in excess of $25,000. 

The legislature has directed the district attorneys general conference to create a simple form that lay people can use to petition for expungement.  A $350 filing fee is also required.  If the petition is granted, the conviction is deemed to have never occurred, and a copy of the expungement “shall be sufficient proof that the person named in the order is no longer under any disability, disqualification or other adverse consequence resulting from the expunged conviction.”  If the petition is denied, the petitioner may file again after two years. 


A summary of the bill can be found here.


Davis & Hoss attorneys practice criminal law in all courts of Tennessee.