A criminal record can surface on a job or apartment application years after a case is closed. Expungement is how Tennessee law lets some people clear that history, but the rules depend on how the case ended and how much time has passed. Turnbow Law, a Mt. Juliet criminal defense practice led by Chad Turnbow, Esq., put together this overview of how expungement works in Tennessee. A list of Middle Tennessee attorneys who handle criminal matters follows.
What should you know about expungement in Tennessee?
What does expungement actually do?
Expungement is a court order that erases the legal record of certain criminal cases in the eyes of the law. Once the court grants the order, the Tennessee Bureau of Investigation deletes the charges from your criminal record and your fingerprint card. It is not automatic. You have to file a petition in the court where the original case was handled.
Can dismissed charges be expunged for free?
Yes. There is no fee to expunge dismissed charges, acquittals, no true bills, or cases where someone was released without being charged. A no true bill means a grand jury declined to indict. Cases that ended in a nolle prosequi, meaning the prosecution chose not to pursue the charge, can also qualify for free expungement.
Are completed diversion cases eligible?
Yes. When someone successfully completes diversion on an eligible offense, the case ends in a dismissal and becomes eligible for expungement. Diversion lets a person complete a period of probation instead of carrying a conviction. Unlike an outright dismissal, diversion expungements carry a clerk’s fee.
Which convictions can be expunged?
Many misdemeanors and a limited set of felonies. A misdemeanor conviction generally qualifies unless it appears on the statute’s list of exclusions, but Class E felonies work the opposite way, and only those specifically named in the law are eligible. That list includes certain theft, forgery, and credit card fraud offenses, along with some drug possession charges. DUI convictions, sexual offenses, and Class A and Class B felonies can never be expunged. Certain assault, domestic-related, and weapons offenses are also excluded.
How long do you have to wait after a conviction?
Usually five years after the entire sentence is complete. That means finishing any jail time, probation, and parole and paying all fines, restitution, and court costs. Eligible Class C and D felonies carry a longer ten-year wait. You also cannot pick up another conviction during the waiting period.
Can more than one conviction be expunged?
Sometimes, up to two. The law allows either two misdemeanors or one eligible felony plus one misdemeanor, and each offense has to qualify on its own. Anyone who has already received a conviction expungement is not eligible again.
How much does a conviction expungement cost?
Expect an expungement fee of $180 plus additional court costs, which vary by county. Your county clerk’s office can give you an exact total before you file. After the petition is filed, the district attorney’s office reviews it and may object. Once the order is granted, private background check companies may still hold older copies of your record, so keep certified copies of the order in case you need to send them a correction request.
Which Middle Tennessee attorneys handle criminal cases?
- Turnbow Law
- Jon David Rogers
- Randy P. Lucas
- Roland F. Mumford
- Randi L. Crawford
1. Turnbow Law
Chad Turnbow, Esq. leads Turnbow Law, which represents clients charged with misdemeanors and felonies throughout Middle Tennessee, including Mt. Juliet, Lebanon, Gallatin, Hendersonville, Portland, and Nashville. The firm’s criminal defense work covers DUI, drug charges, assault and violent crimes, domestic violence, theft and property crimes, probation violations, and juvenile matters. The way a case is resolved can decide whether it can ever be expunged. For someone facing a current charge, the firm can explain how a dismissal, diversion, or plea to a particular offense affects future eligibility. Turnbow Law also handles probate and estate planning. Outcomes depend on the facts of each case.
2. Jon David Rogers
Jon David Rogers is a Hendersonville attorney whose practice includes criminal law.
3. Randy P. Lucas
Randy P. Lucas is a Gallatin attorney whose practice includes criminal law.
4. Roland F. Mumford
Roland F. Mumford is a Hendersonville attorney whose practice includes criminal law.
5. Randi L. Crawford
Randi L. Crawford is a Nashville attorney whose practice includes criminal law.
Is your record eligible for expungement?
Eligibility comes down to the details: the exact offense, how the case ended, and whether the waiting period has passed. It depends on the conviction listed on the judgment sheet, not on what you remember pleading to, so pulling your court records is the right first step. If you’re facing a charge now and want to understand how its outcome could affect your record later, contact Turnbow Law to talk through your options.
This article offers general information and is not legal advice. Reading it does not create an attorney-client relationship.
