If someone has multiple Tennessee convictions from one criminal episode, can they get any of them expunged under § 40-32-101(g)(2)?

Subject

Opinion No. 14-12, Expungement of Criminal Records for Multiple Convictions, January 22, 2014

Plain-English summary

District Attorney General R. Steven Bebb (10th Judicial District) asked a narrow question about Tennessee's expungement statute. Under Tenn. Code Ann. § 40-32-101(g)(2), which took effect July 1, 2012, certain nonviolent offenders may petition to expunge their public records. Subsection (g)(2)(A) sets the eligibility floor: at the time of filing, "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 expunction is filed."

The DAG asked: if a defendant pled to multiple offenses arising from a single criminal episode (say, the defendant was charged with three offenses from the same event and pled guilty to all three), can any of those convictions be expunged?

The AG said no. Op. 13-86 (Nov. 6, 2013) had already concluded that § 40-32-101(g)(2)(A) requires the petitioner's only criminal conviction to be the one being expunged. Opinion 14-12 extends that logic: if a person has been convicted of multiple offenses, § 40-32-101(g)(2)(A) bars expunction of any of them. The statute makes no exception for multiple convictions arising from a single criminal episode. The text says "any criminal offense" other than the one to be expunged; nothing about whether the offenses came from one event or several.

This is a strict reading. A defendant who pleads to three counts (e.g., DUI, evading arrest, and possession of drug paraphernalia) from one incident has three convictions, not one, for § 40-32-101(g)(2) purposes. None of the three is eligible.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Tennessee's expungement statute has been amended significantly since 2014. The 2017 changes added a procedure for some petitioners with multiple eligible convictions, and there have been further updates. Anyone checking current eligibility should review the most recent Tenn. Code Ann. § 40-32-101.

Background and statutory framework

§ 40-32-101 (general expungement). Authorizes expunction of public records for certain nonviolent offenders.

§ 40-32-101(g)(2)(A) (single-offense requirement). "[A]t the time of filing, 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 expunction is filed."

The Op. 13-86 building block. Op. 13-86 read § 40-32-101(g)(2)(A) as making a single-conviction record the eligibility floor. A petitioner with any other prior conviction (state, federal, or out-of-state) was ineligible.

The Op. 14-12 extension. Multiple convictions from the same criminal episode are still multiple convictions. The statutory text addresses what the petitioner has been convicted of, not how the convictions were charged or pled together.

Common questions

Why doesn't a "single episode" matter?

Because the statute says "convicted of any criminal offense" and counts each conviction. The legislature didn't write a single-episode carve-out. The AG declined to read one in.

What if the multiple convictions are all misdemeanors?

Same result. The text covers any criminal offense.

Could the multiple convictions be reduced to one through post-conviction relief?

Different question, different statute. The opinion is about expungement eligibility on the record as it stands. If a petitioner can vacate some of their convictions through other means and end up with a single conviction, then they can return to § 40-32-101(g)(2) and check eligibility again.

Does this make any sense from a policy standpoint?

It is strict, and it has driven legislative pushback. The legislature has since amended the expungement framework to allow more flexibility, but Op. 14-12 reflects the text in effect at the time.

Does this apply to all forms of expunction in Tennessee?

The opinion is specifically about § 40-32-101(g)(2). Other expunction provisions (e.g., expunction after dismissal, diversion expunction, juvenile expunction) have their own rules. Always check the specific subsection that applies.

Citations

Statutory: Tenn. Code Ann. § 40-32-101; § 40-32-101(g)(2); § 40-32-101(g)(2)(A). Prior AG opinion: Tenn. Att'y Gen. Op. 13-86 (Nov. 6, 2013).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-012.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL

January 22, 2014

Opinion No. 14-12

Expungement of Criminal Records for Multiple Convictions

QUESTION

Assuming a petitioner is eligible in all other respects, does Tenn. Code Ann. § 40-32-101(g)(2) provide for the expungement of the petitioner's multiple convictions arising from the same criminal episode?

OPINION

No.

ANALYSIS

Under Tenn. Code Ann. § 40-32-101, certain nonviolent criminal offenders may petition a court for expungement of that person's criminal records. Section 40-32-101(g)(2) states in pertinent part:

Notwithstanding the provisions of this section, effective July 1, 2012, an eligible petitioner may file a petition for expunction of that person's public records involving a criminal offense if:

(A) At the time of filing, 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 expunction is filed;

This Office recently opined that under the plain language of Tenn. Code Ann. § 40-32-101(g)(2)(A), a person can petition for expungement of the person's public records involving a criminal offense only if that offense is the sole offense for which the person has been convicted. Tenn. Att'y Gen. Op. 13-86 (Nov. 6, 2013). Therefore, it necessarily follows that when a person is convicted of multiple offenses, Tenn. Code Ann. § 40-32-101(g)(2)(A) renders the person ineligible to seek expungement of the records for any of those offenses. The statute makes no exception for multiple convictions for offenses arising out of the same criminal episode.

ROBERT E. COOPER, JR.
Attorney General and Reporter

GORDON W. SMITH
Associate Solicitor General

ANDREW C. COULAM
Assistant Attorney General

Requested by:

The Honorable R. Steven Bebb
District Attorney General
10th Judicial District
P.O. Box 1351
Cleveland, Tennessee 37364-1351