Expungement Petition - Tennessee

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Tennessee reorganized its expunction statutes in 2025 (Public Chapter 268, SB 1055), moving
the dismissed-charge provisions from former § 40-32-101 into § 40-32-106 and the
conviction-expunction provisions into §§ 40-32-107 and 40-32-108. Former § 40-32-101 is now
a definitions-only section. Verify every citation against the current code and your county's
practice before filing.

Note two procedural rules that change how this document is used:
- For dismissed / nolle / no-true-bill / acquittal / diversion matters (§ 40-32-106), the
petitioner files the request with the criminal court clerk in the court of origination and need
not appear in court.
- For conviction expunctions (§§ 40-32-107, 40-32-108), the statute directs that the
petition and the proposed order be prepared by the office of the District Attorney General
and then given to the petitioner to file with the clerk (§ 40-32-108(e)). Use the conviction
portions of this guide to organize your information and support your request to the DA's office;
do not assume a self-drafted conviction petition will be accepted in place of the DA-prepared form.

Local courts may require their own pattern forms (Davidson, Knox, Shelby, Hamilton, and others).
Check with the criminal court clerk. Do not file this document directly if a local form is required.

STATE OF TENNESSEE

[___] JUDICIAL DISTRICT

[CRIMINAL / CIRCUIT / GENERAL SESSIONS] COURT OF [COUNTY] COUNTY

VERIFIED PETITION TO EXPUNGE CRIMINAL RECORDS

(T.C.A. Title 40, Chapter 32)

TABLE OF CONTENTS

1. Definitions
2. Jurisdiction & Venue
3. Factual Background
4. Statutory Basis & Eligibility
5. Waiting-Period & Compliance Statements
6. TBI Certification (conviction expunctions)
7. Requested Relief
8. Notice & Service
9. Verification / Affidavit
10. Prayer for Relief
11. Certificate of Service
12. Proposed Order (Appendix A)

1. DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings set forth below. Statutory terms follow the definitions in T.C.A. § 40-32-101.

a. "Petitioner" means [PETITIONER FULL LEGAL NAME], Social Security No. [XXX-XX-____], Date of Birth [MM/DD/YYYY].
b. "Subject Record" means all arrest, charging, court, and custodial records — including electronic, micro-filmed, and hard-copy formats — pertaining to the offense(s) identified in Section 3 below.
c. "Custodian Agency" means every local, county, state, or federal agency or official in possession, custody, or control of the Subject Record, including the Tennessee Bureau of Investigation ("TBI").
d. "Public records," for purposes of expunction, has the meaning in § 40-32-101(4), which excludes arrest histories, investigative reports, appellate court records and opinions, signed confidential expunction orders, law-enforcement intelligence information, and certain confidential district-attorney and DCS/DHS records.

2. JURISDICTION & VENUE

1. This Petition is filed in the court having jurisdiction over the previous action, as required by T.C.A. §§ 40-32-106(a)(1) and 40-32-108(a).
2. Venue is proper because the underlying criminal matter originated in and was disposed of by this Court, and the Subject Record is maintained within this jurisdiction.

3. FACTUAL BACKGROUND

a. Date of Arrest: [MM/DD/YYYY]
b. Original Charging Agency: [Agency Name]
c. Offense Charged: [Offense Caption / Statute] — Class: [Class __ felony / Class __ misdemeanor]
d. Disposition Date: [MM/DD/YYYY]
e. Final Disposition: [Dismissed / No True Bill / Nolle Prosequi / Not Guilty / Released Without Charge / Completed Pretrial or Judicial Diversion / Class __ Conviction]
f. Sentence (if any): [Fine / Probation / Jail Time]
g. Date All Sentence Requirements Satisfied (if any): [MM/DD/YYYY]

4. STATUTORY BASIS & ELIGIBILITY

☐ Route A — Dismissed / No-Bill / Acquittal / Nolle / Mistaken Identity (§ 40-32-106).
The Subject Record resulted in [dismissal / a no true bill / a nolle prosequi / a verdict of not guilty / release without charge / a finding of mistaken identity]. Under § 40-32-106(a), these public records must, upon petition, be removed and destroyed without cost to the Petitioner. Petitioner is not required to appear in court.

☐ Route B — Diversion (§ 40-32-106(d); §§ 40-15-102 – 40-15-107 pretrial / § 40-35-313 judicial).
The charge was dismissed following successful completion of [pretrial diversion under §§ 40-15-102 – 40-15-107 / judicial diversion under § 40-35-313]. Petitioner petitions for expunction under § 40-32-106(d) and will pay the applicable clerk's fee under § 8-21-401. (Diversion expunctions require a TBI certificate under § 40-32-102(c); see Section 6.)

☐ Route C — Eligible Conviction (§ 40-32-107; petition procedure § 40-32-108).
The offense is an eligible conviction under § 40-32-107 (subsection [(a) single offense / (b) up to two offenses / (c) illegal registration or voting / (d) pardoned conviction / (e) Recovery Court Renewal Act]). Petitioner requests that the office of the District Attorney General prepare the petition and proposed order as required by § 40-32-108(e), and that this Court proceed under § 40-32-108.

5. WAITING-PERIOD & COMPLIANCE STATEMENTS

(Complete for Route C conviction expunctions; Routes A–B have no waiting period.)

1. Waiting period. At the time of filing, at least [5 years (misdemeanor or Class E felony) / 10 years (Class C or D felony) / 15 years (specified Class C felony or certain pre-11/1/1989 offense) / other: ___] have elapsed since completion of the sentence for the offense, as required by the applicable subsection of § 40-32-107.
2. Sentence completed. Petitioner has fulfilled all requirements of the sentence, including payment of all fines, restitution, court costs, and other assessments; completion of any imprisonment or probation; all conditions of supervised or unsupervised release; and, where required by the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for not less than one (1) year (§ 40-32-107).
3. No pending charges. Petitioner has no criminal charges, indictments, or informations pending in any jurisdiction.
4. No disqualifying conviction. Petitioner has not been convicted of any other offense (excluding minor traffic violations) during the applicable waiting period.
5. No prior expunction bar. Petitioner has not previously been granted expunction under § 40-32-107(a), (b), (c), or (e) in a manner that bars this Petition.
6. Exclusions screened. The offense is not categorically excluded from expunction (e.g., DUI under § 55-10-401, listed violent felonies, or sexual offenses requiring registration).

6. TBI CERTIFICATION (conviction and diversion expunctions)

For a conviction expunction under § 40-32-107/108, and for a diversion expunction under § 40-32-106(d), an order of expunction must not be entered unless a TBI certificate is attached (§ 40-32-102(c)). Petitioner requests that the Court complete and submit the TBI request-for-certification form so that the TBI may certify whether the submitted offense is eligible under § 40-32-107 or § 40-32-105. The TBI certificate certifies only offense eligibility; this Court retains the duty to determine the Petitioner's individual eligibility (§ 40-32-102(c)).

(A TBI 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.)

7. REQUESTED RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter an Expunction Order that:

1. Grants this Petition;
2. Orders the Clerk, the arresting agency, the TBI, and all other Custodian Agencies to remove and destroy the Subject Record, both paper and electronic, in accordance with T.C.A. Title 40, Chapter 32;
3. Directs that a copy of the Order be sent to the TBI within thirty (30) days of entry for entry into its expunged offender and pretrial diversion database (§ 40-32-102(d));
4. Confirms that the expunction restores the Petitioner to the status occupied before the arrest, indictment, information, trial, and conviction, with the effect provided in § 40-32-110; and
5. Provides such other and further relief as justice may require.

8. NOTICE & SERVICE

1. Conviction expunctions (§ 40-32-108). Upon filing of the petition, the Clerk serves the petition on the District Attorney General for this judicial district. Not later than sixty (60) days after service, the District Attorney General may submit recommendations to the Court and provide a copy to the Petitioner. The Court shall enter an order granting or denying the petition no sooner than sixty-one (61) days after service on the District Attorney General and after reviewing the TBI certificate (§ 40-32-108(b), (d)(1)). If the petition is denied, Petitioner may not file another such petition for two (2) years from the date of denial (§ 40-32-108(d)(3)).
2. Arrest-record expunctions (§ 40-32-109). Upon filing, the Clerk serves the petition on the District Attorney General.

9. VERIFICATION / AFFIDAVIT

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, verify that I have read the foregoing Verified Petition to Expunge Criminal Records and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[PETITIONER SIGNATURE]
[Petitioner Printed Name]
Date: _______________

STATE OF TENNESSEE
COUNTY OF _________

Subscribed and sworn before me this ___ day of __________, 20__.

______________________________
Notary Public
My Commission Expires: ___________

10. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Honorable Court grant the relief requested in Section 7 above and enter the proposed Expunction Order attached as Appendix A.

Respectfully submitted,

__________________________________
[PETITIONER OR COUNSEL SIGNATURE BLOCK]
Name: [Attorney Name or Pro Se Petitioner]
TN BPR No.: [___]
Address: [___]
Phone: [___-___-____]
Email: [___]

11. CERTIFICATE OF SERVICE

I hereby certify that a true and exact copy of the foregoing was served upon the Office of the District Attorney General for the [___] Judicial District on this ___ day of __________, 20__, by [hand delivery / certified mail, return receipt requested / electronic filing & service].

______________________________
[Name of Server]

12. PROPOSED ORDER (APPENDIX A)

(For conviction expunctions, the proposed order is prepared by the office of the District Attorney General under § 40-32-108(e). Submit as a separate document if required by local rule.)

IN THE [CRIMINAL / CIRCUIT / GENERAL SESSIONS] COURT OF [COUNTY] COUNTY, TENNESSEE

STATE OF TENNESSEE v. [PETITIONER NAME]
Docket No.: [___]

ORDER GRANTING PETITION TO EXPUNGE CRIMINAL RECORDS
(T.C.A. Title 40, Chapter 32)

Upon consideration of the Verified Petition, the TBI certificate (where required by § 40-32-102(c)), any recommendation or evidence submitted by the District Attorney General, and the entire record, the Court finds that:

1. Petitioner satisfies the statutory criteria for expunction under [§ 40-32-106 / § 40-32-107 / § 40-32-109];
2. Any applicable waiting period has elapsed and all sentence requirements are satisfied;
3. No statutory disqualification applies; and
4. [For § 40-32-107(a)(1)(A)–(E) petitioners: a rebuttable presumption that the petition should be granted applies under § 40-32-108(d)(2), which the State has not overcome.]

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

A. The Petition is GRANTED.
B. The Clerk shall remove and destroy all records pertaining to the Subject Record, including docket sheets, minute entries, charging instruments, and dispositions, and shall keep any retained records confidential (§ 40-32-108(f)).
C. The TBI, [Arresting Agency], and all other Custodian Agencies shall remove and destroy the Subject Record. The Clerk shall send a copy of this Order to the TBI within thirty (30) days of entry for database update (§ 40-32-102(d)).
D. Unlawful release of the expunged or confidential records is a Class A misdemeanor punishable under § 40-32-104.
E. Court costs are [Assessed to Petitioner / Waived / Not applicable — § 40-32-106 dismissal].
F. The Clerk shall furnish a certified copy of this Order to the Petitioner, which is sufficient proof that the Petitioner is no longer under any disability, disqualification, or other adverse consequence resulting from the expunged records (§§ 40-32-108(e), 40-32-110(e)).

SO ORDERED on this ___ day of __________, 20__.

__________________________________
JUDGE [Name]
[Judicial District], State of Tennessee

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) — pardoned-conviction eligibility (§ 40-32-107(d)) and balancing rule (§ 40-32-108(d)(2)): 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
• 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