Expungement / Record Sealing Petition and Eligibility Memo — Tennessee

Expungement / Record Sealing Petition and Eligibility Memo (TENNESSEE)

Quick-Reference Summary

Part A — Eligibility Memo

MEMORANDUM

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Tennessee Expunction Eligibility — [CLIENT NAME]

I. Question Presented

Whether [CLIENT]'s Tennessee criminal record — [SUMMARIZE: e.g., one Class E felony theft conviction (2018), one Class A misdemeanor (2014), and two dismissed charges (2012)] — is eligible for expunction under (a) § 40-32-106 (dismissals / diversion), (b) §§ 40-32-107 and 40-32-108 (convictions), and/or (c) § 40-32-105 (human-trafficking-victim) or § 40-32-109 (arrest record).

II. Short Answer

[☐ Eligible for § 40-32-106 expunction of dismissed / nolle / no-bill / acquittal / mistaken-identity matter(s)]
[☐ Eligible for § 40-32-106(d) diversion expunction (pretrial §§ 40-15-102–107 / judicial § 40-35-313)]
[☐ Eligible for § 40-32-107 conviction expunction (petition procedure § 40-32-108)]
[☐ Eligible for § 40-32-107(b) two-offense conviction expunction]
[☐ Eligible for § 40-32-109 arrest-record expunction]
[☐ INELIGIBLE — [reason]]

III. Statutory Framework

A. Dismissed / Acquitted / No-Bill Charges — § 40-32-106.
Available where a charge resulted in (i) dismissal for a reason other than diversion, (ii) a no true bill, (iii) release without charge, (iv) a nolle prosequi, (v) a verdict of not guilty, or (vi) a finding of mistaken identity, and in certain other circumstances (e.g., a successfully defended order of protection under title 36, ch. 3, part 6). These records must be removed and destroyed without cost, on petition to the court of origination. No court appearance is required. Diversion-based dismissals are handled under § 40-32-106(d) and carry the clerk's fee under § 8-21-401.

B. Conviction Expunction — §§ 40-32-107 (eligibility) and 40-32-108 (procedure).

1. Eligibility (§ 40-32-107). Section 40-32-107 defines the "eligible petitioner" categories and waiting periods for conviction expunction:
   - (a) single-offense eligibility (enumerated eligible misdemeanors and Class C/D/E felonies, with specified exclusions);
   - (b) up to two (2) offenses;
   - (c) illegal registration or voting (§ 2-19-107);
   - (d) pardoned convictions (as amended by 2026 Pub. Ch. 719 — the judge must find the conviction was not one of the listed disqualifying felonies (e.g., first- or second-degree murder, especially aggravated kidnapping, aggravated child abuse, especially aggravated robbery, act of terrorism) or a registrable sexual offense, and the petitioner must have received a positive parole-board vote and a governor's pardon);
   - (e) the "Recovery Court Renewal Act" route (added by 2026 Pub. Ch. 1061, eff. 7/1/2026 — an offense eligible under (a)(1) that occurred at least ten (10) years after a § 55-10-401 conviction, where the petitioner completed a certified recovery-court program; not available where the offense involves a motor vehicle and alcohol/controlled-substance use).
   Waiting periods (§ 40-32-107): 5 years from sentence completion for a misdemeanor or Class E felony; 10 years for a Class C or D felony; certain specified Class C felonies / certain pre-11/1/1989 offenses carry a 15-year wait. The petitioner must have fulfilled all sentence requirements (fines, restitution, court costs, imprisonment/probation, conditions of release, and any required period of sobriety).

2. Procedure (§ 40-32-108). A petitioner seeking conviction expunction petitions the court of conviction (§ 40-32-108(a); clerk's fee § 8-21-401). The clerk serves the petition on the District Attorney General; the DA has 60 days to submit recommendations; and the court rules no sooner than 61 days after service, after reviewing the TBI certificate (§ 40-32-108(b), (d)(1)). In making its decision the court weighs the petitioner's interest against the best interests of justice and public safety; for a petitioner eligible under § 40-32-107(a)(1)(A)–(E) who meets the § 40-32-107 requirements, there is a rebuttable presumption that the petition should be granted (§ 40-32-108(d)(2)). For a § 40-32-107(d) pardoned petitioner, the court considers whether the offense was violent and other relevant factors. The petition and the proposed order are prepared by the office of the District Attorney General and given to the petitioner to file with the clerk (§ 40-32-108(e)). If denied, no new petition may be filed for two (2) years (§ 40-32-108(d)(3)).

3. Permanent exclusions. DUI (§ 55-10-401), listed violent offenses, sex offenses requiring registration, and other statutorily excluded offenses are categorically ineligible — verify the specific offense against § 40-32-107.

C. TBI Certification (§ 40-32-102(c)).
For a conviction expunction (§§ 40-32-107/108) and for a diversion expunction (§ 40-32-106(d)), the court completes and submits a TBI request-for-certification form, and an order of expunction must not be entered unless the TBI certificate is attached (§ 40-32-102(c)). The TBI certifies only whether the offense is eligible under § 40-32-107 or § 40-32-105; the court retains the duty to determine the petitioner's individual eligibility. A certificate is not required for a § 40-32-106 dismissed-charge expunction or a § 40-32-109 arrest-record expunction (unless the expunction results from successful completion of diversion).

D. Human-Trafficking-Victim Expunction (§ 40-32-105).
A separate route for a person whose convictions resulted from their status as a victim of human trafficking (§ 39-13-314), subject to the requirements of § 40-32-105 (including a one-year post-sentence period, offenses individually eligible under § 40-32-107(a)(1), and no use/threat of force or deadly weapon).

IV. Application

A. Inventory.

B. Exclusion Screen (per matter).
☐ DUI (§ 55-10-401) — INELIGIBLE for expunction
☐ Sex offense requiring registration — INELIGIBLE
☐ Listed violent offense — INELIGIBLE (verify against § 40-32-107 exclusions)
☐ Other statutorily excluded offense — INELIGIBLE
☐ None of the above — proceed

C. Eligible-Offense Confirmation.
☐ Confirm the offense is within the § 40-32-107 eligible categories (and not on the exclusion list)
☐ Identify the correct waiting-period tier (5 / 10 / 15 years) for the specific offense class
☐ For a conviction expunction, obtain the TBI certificate under § 40-32-102(c) before the order is entered

D. Waiting Period.

• Most recent sentence completion: [__/__/____]
• Applicable wait: [5 years misd./Class E] [10 years Class C/D] [15 years specified category]
• Today: [__/__/____]
• Conclusion: [☐ Wait satisfied] [☐ Earliest filing date: [__/__/____]]

E. Two-Offense Analysis (§ 40-32-107(b)).
☐ No more than two (2) offenses sought
☐ Each individually eligible under § 40-32-107
☐ Not previously granted expunction under § 40-32-107(a), (b), (c), or (e) in a manner that bars the petition

F. Outstanding Obligations.

• Court costs / restitution / fines / assessments paid: [☐ Yes — date / ☐ No — balance $[____]]
• Note: outstanding court costs in "dismissed with costs" matters must be paid (or waived) before expunction; "retired" cases must first be converted to "dismissed."

G. Diversion Status.

• Pretrial diversion (§§ 40-15-102 – 40-15-107): [☐ N/A] [☐ Successfully completed [__/__/____]]
• Judicial diversion (§ 40-35-313): [☐ N/A] [☐ Successfully completed [__/__/____]]

V. Recommendation

[☐ File § 40-32-106 petition for dismissed / nolle / no-bill / acquittal matter(s) — no cost]
[☐ File § 40-32-106(d) diversion expunction]
[☐ Request the DA's office prepare a § 40-32-108 conviction-expunction petition and proposed order — invoke the § 40-32-108(d)(2) rebuttable presumption where eligible]
[☐ File § 40-32-109 arrest-record expunction]
[☐ Pursue § 40-32-105 human-trafficking-victim expunction]
[☐ Defer until [__/__/____] when the waiting period elapses]
[☐ Client ineligible — counsel on pardon process (§ 40-32-107(d)) or future reform]

Part B — Petition Template

PETITION FOR EXPUNCTION OF CRIMINAL RECORDS

Petitioner [PETITIONER FULL LEGAL NAME] respectfully petitions this Honorable Court, pursuant to T.C.A. § [40-32-106 / 40-32-107 & 40-32-108 / 40-32-105 / 40-32-109], to enter an Order expunging the records identified herein, and states:

1. Petitioner

1.1 Full legal name: [PETITIONER FULL LEGAL NAME].
1.2 Other names used: [______________].
1.3 Date of birth: [__/__/____].
1.4 Social Security Number (last 4): xxx-xx-[____].
1.5 Current residence: [ADDRESS].

2. Charges Sought to Be Expunged

3. Statutory Basis

3.1 [☐ § 40-32-106 — dismissed / nolle / no-bill / acquittal / mistaken identity:] The above charge(s) qualify under § 40-32-106(a); Petitioner is entitled to removal and destruction of the records without cost.

3.2 [☐ § 40-32-106(d) — diversion:] The charge was dismissed on successful completion of [pretrial diversion under §§ 40-15-102 – 40-15-107 / judicial diversion under § 40-35-313]; Petitioner petitions for expunction and will pay the clerk's fee under § 8-21-401.

3.3 [☐ §§ 40-32-107 & 40-32-108 — eligible conviction:] The above offense is eligible under § 40-32-107([a / b / c / d / e]); the applicable waiting period of [5 / 10 / 15] years has elapsed since sentence completion; and Petitioner requests that the office of the District Attorney General prepare the petition and proposed order under § 40-32-108(e). Where Petitioner is eligible under § 40-32-107(a)(1)(A)–(E), a rebuttable presumption in favor of expunction applies (§ 40-32-108(d)(2)).

3.4 [☐ § 40-32-109 — arrest record:] The court with jurisdiction over the offense has no history of Petitioner's arrest within its records; Petitioner petitions for expunction of the arrest record.

3.5 [☐ § 40-32-105 — human-trafficking victim:] The conviction(s) resulted from Petitioner's status as a victim of human trafficking (§ 39-13-314) and meet the requirements of § 40-32-105.

4. TBI Certification (conviction and diversion expunctions)

Petitioner requests that, prior to entering any order, the Court complete and submit the TBI request-for-certification form under T.C.A. § 40-32-102(c). An order of expunction for a conviction or diversion matter must not be entered unless the TBI certificate is attached. The TBI certifies only offense eligibility; the Court retains the duty to determine Petitioner's individual eligibility.

5. Statement in Support (for petitions requiring discretionary analysis)

[NARRATIVE — time since conviction, age at offense, conduct since conviction (employment, education, family, treatment, community service), and specific need for expunction (employment, housing, professional licensing). For § 40-32-108(d)(2) rebuttable-presumption petitions, emphasize that the State bears the burden to overcome the presumption.]

6. Compliance with Statutory Conditions

6.1 All court costs, restitution, fines, and assessments have been paid: [☐ Yes — date [__/__/____]] [☐ Not applicable (§ 40-32-106 dismissal without costs)].
6.2 Petitioner has no other pending charges in any jurisdiction.
6.3 Petitioner has not been convicted of any offense (excluding minor traffic violations) during the applicable waiting period.
6.4 Petitioner has not previously had an expunction under § 40-32-107(a), (b), (c), or (e) in a manner that bars this petition.

7. Relief Requested

WHEREFORE, Petitioner respectfully requests:

(a) That this Court complete and submit the TBI request-for-certification form under § 40-32-102(c) where applicable;
(b) That this Court enter an Order expunging all public records of the offense(s) identified above under T.C.A. Title 40, Chapter 32;
(c) That the Order direct the Clerk to send a copy to the TBI within 30 days of entry for database update (§ 40-32-102(d));
(d) That the Order direct the removal and destruction of arrest, court, and disposition records by all custodian agencies, including the arresting agency, the Clerk, and the TBI;
(e) That the Court confirm the expunction restores Petitioner to the status occupied before the arrest, indictment, information, trial, and conviction, with the effect provided in § 40-32-110; and
(f) Such other relief as the Court deems just.

8. Verification

I, [PETITIONER FULL LEGAL NAME], under penalty of perjury, declare that the statements made in this Petition are true and correct to the best of my knowledge.

Dated: [__/__/____]
______________________________
[PETITIONER SIGNATURE]

Sworn to and subscribed before me this [____] day of [_______], 20[___].
______________________________
Notary Public — My commission expires [__/__/____]

Submitted by:

______________________________
[ATTORNEY NAME], BPR No. [_______]
[FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner

Part C — Filing Checklist

Pre-Filing

☐ Pull the TBI Tennessee criminal history and, if any out-of-state activity, an FBI Identity History Summary
☐ Obtain a certified disposition from the criminal court clerk for each matter
☐ For each conviction, confirm eligibility against the current § 40-32-107 categories and exclusions
☐ Confirm none of the matters is permanently excluded (DUI, sex offense requiring registration, listed violent offense, other excluded offense)
☐ Calculate the applicable waiting period (5 years misd./Class E; 10 years Class C/D; 15 years for certain specified categories)
☐ Confirm all court costs, restitution, fines, and assessments are paid; resolve costs in "dismissed with costs" matters before filing
☐ For "retired" cases, move to convert to "dismissed" before filing the expunction request
☐ For diversion, confirm successful-completion documentation
☐ For a conviction expunction, contact the District Attorney General's office — the DA prepares the petition and proposed order (§ 40-32-108(e))

Filing

☐ Use the local pattern form where required (Davidson, Knox, Shelby, Hamilton, etc.)
☐ For § 40-32-106 dismissed / diversion matters, file with the criminal court clerk in the court of origination; you need not appear in court
☐ Pay the clerk fee per § 8-21-401: no cost for § 40-32-106 dismissed charges; clerk's fee applies to conviction and diversion expunctions
☐ For conviction / diversion petitions, ensure the Court obtains the TBI certificate under § 40-32-102(c) — the order cannot be entered without it
☐ If you want a copy of the expunction order, provide a self-addressed stamped envelope for each charge

Post-Filing

☐ For a conviction petition (§ 40-32-108): the clerk serves the DA; the DA has 60 days to submit recommendations; the court rules no sooner than day 61
☐ If contested, prepare a hearing brief addressing the best-interests-of-justice and public-safety factors (and the § 40-32-108(d)(2) presumption where it applies)
☐ Upon entry:
• Obtain certified copies of the Expunction Order and of the charging document
• Confirm the Court transmits the Order to the TBI within 30 days of entry (§ 40-32-102(d))
• Transmit certified copies to the arresting agency and any other holding agencies
• Transmit to private background-check vendors with a cover letter
☐ Verify the TBI database update via a follow-up criminal history check
☐ Counsel the client:
• On the effect under § 40-32-110 (restoration to pre-arrest status; conviction treated as never having occurred) and on the narrow statutory exceptions
• That unlawful release of the expunged/confidential records is a Class A misdemeanor (§ 40-32-104)
• That a private background-check vendor may still report the matter until updated — provide the order to dispute
• That if a conviction petition is denied, no new petition may be filed for 2 years (§ 40-32-108(d)(3))

Sources and References

• 2025 Public Chapter 268 (SB 1055) — official enacted text (Tenn. Sec'y of State): https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf
• 2026 Public Chapter 719 (SB 2197) — § 40-32-107(d) pardoned convictions; § 40-32-108(d)(2) balancing: https://publications.tnsosfiles.com/acts/114/pub/pc0719.pdf
• 2026 Public Chapter 1061 (SB 1232) — "Recovery Court Renewal Act," § 40-32-107(e), eff. 7/1/2026: https://publications.tnsosfiles.com/acts/114/pub/pc1061.pdf
• T.C.A. § 40-32-105 (human-trafficking-victim expunction — current text): https://law.justia.com/codes/tennessee/title-40/chapter-32/section-40-32-105/
• Tennessee Courts — Expungements (Self-Help Center): https://www.tncourts.gov/programs/self-help-center/expungements
• UT County Technical Assistance Service — Expunging Court Records (2025 reorganization): https://www.ctas.tennessee.edu/eli/expunging-court-records
• State v. Adler, 92 S.W.3d 397 (Tenn. 2002) (judicial-diversion eligibility)
• Doe v. Sundquist, 2 S.W.3d 919 (Tenn. 1999) (privacy interests in records)