Expungement under T.C.A. § 40-32-101(g)

Pursuant to T.C.A. § 40-32-101(g), certain convictions are now eligible for expungement.

You must contact the District Attorney General for the judicial district where the conviction occurred.

As of July 1, 2012, certain nonviolent offenders who have fulfilled all requirements of their sentence will be allowed to seek expungement of their records. A person will be eligible to petition for expungement for offenses committed on or after November 1, 1989, if, at the time of the filing:

  1. the person has never been convicted of any criminal offense, including federal offenses and offenses in other states, other than the offense committed for which the petition for expungement is filed;
  2. at least five years have elapsed since the completion of the sentence imposed for the offense;
  3. the person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense; and
  4. the person has never had a previous conviction expunged.

This amendment includes a grandfather provision whereby persons will be authorized to petition for expungement of certain nonviolent, non-sexual offenses committed prior to November 1, 1989, if:

  1. The person was sentenced to a determinate sentence, of three years or less;
  2. The person was sentenced to an indeterminate sentence for which the person served three years or less; and
  3. The person has never had a previous conviction expunged.

Below is an example of the information you may get from the District Attorney.