How Long Does Expungement Take in Tennessee, and What Does It Involve?

kyleneross

32 minutes ago

4 min read

A Tennessee expungement of a dismissed charge can move fairly quickly once the petition is filed. A conviction takes longer: you must first wait 5 or 10 years after finishing your sentence, and after you file, the court cannot rule for at least 61 days. Once the order is signed, state law sets deadlines for the Tennessee Bureau of Investigation (TBI) and other agencies to clear their records.

First: which kind of record do you have?

In 2025 Tennessee reorganized its expungement laws into Tenn. Code Ann. §§ 40-32-101 through 40-32-110. The process depends on how your case ended.

Non-conviction records (Tenn. Code Ann. § 40-32-106). These include charges that were dismissed, a nolle prosequi, a no true bill from the grand jury, an arrest with release and no charge, and a not-guilty verdict. Most are expunged without cost. If you are found not guilty, the judge must ask whether you want your records removed and can order it on the spot, with no petition.

One catch: if you were charged with several offenses in one case and convicted of any of them, the dismissed counts generally cannot be expunged under this section.

Diversion records (§ 40-32-106). After you complete pretrial or judicial diversion, you can petition to expunge the charge. A clerk's fee applies.

Convictions (§§ 40-32-107 and 40-32-108). Many misdemeanors and some Class C, D and E felonies can be expunged, but not DUI, domestic assault, registered sexual offenses and other listed offenses. You can expunge convictions only once, and up to two in one petition (two misdemeanors, or one felony and one misdemeanor).

Timeline for a conviction expungement

1. The waiting period. You must complete every part of your sentence, including fines, costs and restitution, and then wait (Tenn. Code Ann. § 40-32-107):

5 years for a misdemeanor or Class E felony
10 years for an eligible Class C or D felony

2. Filing the petition. You file in the court where you were convicted and pay the clerk's fee (Tenn. Code Ann. § 40-32-108).

3. The prosecutor's response. The clerk serves the petition on the district attorney, who has up to 60 days to respond. In Sumner County, that is the District Attorney for the 18th Judicial District.

4. The judge's decision. The court cannot grant or deny the petition sooner than 61 days after the district attorney was served. The judge weighs your interest against the interests of justice and public safety, and some petitioners get a legal presumption in favor of granting (Tenn. Code Ann. § 40-32-108).

5. The TBI certificate. Before a judge signs any expungement order, a TBI certificate must be attached confirming the offense is one the law allows to be expunged (Tenn. Code Ann. § 40-32-102). The court still decides whether you personally qualify.

If the petition is denied, you must wait at least 2 years before filing again (Tenn. Code Ann. § 40-32-108).

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After the order is signed

State law sets these deadlines (Tenn. Code Ann. § 40-32-102):

The court sends the order to the TBI within 30 days.
The TBI removes the record from your criminal history within 60 days of getting the order.
Other agencies must destroy their records within 60 days of the order.

Ask for a copy of your order. The law says it is enough to show you are no longer under any disability from that record (Tenn. Code Ann. § 40-32-108).

Diversion: when does the clock start?

For pretrial diversion, the court dismisses the charge 90 days after the diversion period ends (Tenn. Code Ann. § 40-15-105). For judicial diversion, the case is dismissed when you complete probation (Tenn. Code Ann. § 40-35-313). You can petition to expunge after that dismissal. There is no 5- or 10-year wait for diversion records.

What it costs

Dismissals, no true bills, not-guilty verdicts: generally no cost (Tenn. Code Ann. § 40-32-106).
Diversion and conviction expungements: the clerk's fee under Tenn. Code Ann. § 8-21-401. That statute lets clerks of General Sessions and criminal courts charge up to $100 for an expunction.
If you cannot afford it: the same statute says a clerk cannot collect its fees without giving a person the chance to proceed on a pauper's oath (Tenn. Code Ann. § 8-21-401(m)). Ask about this when you file.

Where to file in Sumner County

File in the court that handled your case. For General Sessions cases, the clerk's office is at 155 East Main Street, Gallatin. Felony cases are handled through the Sumner County Criminal Court Clerk.

How long does it take overall?

For a dismissed charge, the main wait is the court processing your petition and the 30- and 60-day agency deadlines. For a conviction, plan on the 5- or 10-year waiting period, then at least 61 days after the district attorney is served, then up to 30 days for the order to reach the TBI and 60 more days for the TBI to update its records. Court calendars and objections can add time.

How we can help

Kylene Ross and Chloe Hawes review records for clients in Sumner, Wilson, Robertson, Williamson and Davidson counties, tell you what can be expunged, and prepare and file the petition. See our expungement page, our article on pretrial vs. judicial diversion, or all of our criminal defense services.

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