Tennessee 40-32-101(k) Expungement Packet General Sessions
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FAQ
How long does it take for my expunged records to clear the system? It takes 60 working days from the date the judge signs the order.
You must wait 5 years to file a petition for expungement of your Tennessee conviction. A petition to have your crime erased from your Tennessee criminal history may be filed 5 years after the completion of your sentence. You must complete all court obligations associated with the crime prior to expungement.
The Tennessee Code states that the following people can see the expunged record if the accused has another conviction in the future: The clerk of the court. The district attorney general. The defendant and their attorney. The circuit or criminal court judge.
In Tennessee, certain offenses cannot be expunged, including the following: Assault. Domestic assault. Aggravated assault. Aggravated burglary. Stalking. Unlawful sexual contact. Child abuse. Child neglect and endangerment.
On July 1, 2012, a new law went into effect that allows people convicted of certain crimes in Tennessee to have a single offense expunged from their records, pursuant to T.C.A. § 40-32-101(g). Crimes eligible are most misdemeanors and some Class E, D, and C felonies.
Authorized terms of imprisonment and fines for felonies and misdemeanors. (a) A sentence for a felony is a determinate sentence. (5) Class E felony, not less than one (1) year nor more than six (6) years.
Section 40-2-101 - Effective 7/1/2023 Felonies (a) A person may be prosecuted, tried and punished for an offense punishable with death or by imprisonment in the penitentiary during life, at any time after the offense is committed.
40-32-101(g). Only certain crimes are eligible for expunction; they must be non-violent, non-DUI and non-sexual crimes. Crimes eligible are most misdemeanors and some Class E felonies, including forgery, theft, vandalism, and fraudulent or false insurance claim, among others.
