Read Tenn. Code Ann. § 40-15-106 when the issue is certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense. The statute says: “(a) No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the…”
The petition and the sections next to it
Tenn. Code Ann. § 40-35-324 deals with who may ask. The statute says: “The person's eligibility to have all public records of the conviction destroyed in the manner set forth in § 40-32-101 ; and (2) The time period after which the person can petition for expunction of the offense.”
Read Tenn. Code Ann. § 38-6-118 when the issue is expunged criminal offender and pretrial diversion database. The statute says: “The Tennessee bureau of investigation shall establish within the bureau an expunged criminal offender and pretrial diversion database.”
Tennessee uses Tenn. Code Ann. § 37-1-153 for court files and records - Inspection limited - Exceptions for certain violent offenders - Confidentiality - Expunction. The statute says: “(a) Except in cases arising under § 37-1-146 , all files and records of the court in a proceeding under this part are open to inspection only by: (1) The judge, officers and professional staff of the court; (2) The parties to the proceeding and their counsel and…”
Tennessee uses Tenn. Code Ann. § 57-3-412 for criminal offenses - Penalties - Perjury - Expunction of records - Enforcement of law - Violations by and relating to minors. The statute says: “Except as otherwise provided, a violation of this chapter is a Class A misdemeanor.”
When a different section applies
On expunction of person's public records involving offenses related to status as victim of human trafficking, the Tennessee text is Tenn. Code Ann. § 40-32-105. The statute says: “Notwithstanding § 40-32-101 , a person may file a petition for expunction of that person's public records involving offenses related to the person's status as a victim of human trafficking.”
Appellate readings
Jose Rodriguez A.K.A. Alex Lopez v. State of Tennessee, 2014 Tenn. LEXIS 274 (2014) is worth reading in full. The opinion puts it this way: “Such an expunged guilty plea is not a conviction for purposes of the Post‑Conviction Procedure Act.”
State of Tennessee v. Frank Layman Glavin (2021) is worth reading in full. The opinion puts it this way: “E) Despite the potential to expunge multiple convictions, the legislature confined the purpose of Subsection (g)(1)(E) to expungement of “a single offense.”
A practical sequence
- Open Tenn. Code Ann. § 40-15-106 and read the part on certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Tennessee county uses, then check the form against Tenn. Code Ann. § 40-15-106.
- Then read Jose Rodriguez A.K.A. Alex Lopez v. State of Tennessee, 2014 Tenn. LEXIS 274 (2014). That is a Tennessee court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Tennessee?
Tenn. Code Ann. § 40-15-106 deals with certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense. The statute says: “(a) No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the…”
How have Tennessee courts ruled on expungement?
Jose Rodriguez A.K.A. Alex Lopez v. State of Tennessee, 2014 Tenn. LEXIS 274 (2014) “Such an expunged guilty plea is not a conviction for purposes of the Post‑Conviction Procedure Act.”
Read Tenn. Code Ann. § 40-15-106 in full before you file. A quotation on this page is a starting point, not the whole section.