Expunging your record!

      We can assist you in getting your record expunged.  Contact us to see if we can help you. The following is an explanation of Tennessee law as to what can and cannot be expunged.

In Tennessee all public records of a person who has been charged with a misdemeanor or a felony shall, upon petition by that person to the court having jurisdiction in such previous action, be removed and destroyed without cost to such person if:
1.  The charge has been dismissed;
2.  A no true bill was returned by a grand jury;
3.  A verdict of not guilty was returned, whether by the judge following a bench trial or by a jury;
4. The person was arrested and released without being charged;
5. A nolle prosequi order is entered; or
6.  All public records concerning an order of protection authorized by title 36, chapter 3, part 6, which was successfully defended and denied by the court following a hearing conducted pursuant to § 36-3-605.

A person applying for the expungement of records because the charge or warrant was dismissed in any court as a result of the successful completion of a pre-trial diversion program or judicial diversion program will be required to pay a filing fee  prior to the charges being expunged.

A person shall not be entitled to the expungement of such person's records in a particular case if the person is convicted of any offense or charge, including a lesser included offense or charge.



What are public records?

"Public records," for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public.  and shall also not include records of the department of children's services or department of human services which are confidential under state or federal law and which are required to be maintained by state or federal law for audit or other purposes. Whenever an order of expunction issues under this section directed to the department of children's services or department of human services, the department shall notify the defendant if there are records required to be maintained as directed above and the basis therefor. The department shall delete identifying information in these records whenever permitted by state or federal law. These records are to be expunged whenever their maintenance is no longer required by state or federal law.


               "Public records", for the purpose of expunction only, does not include appellate court records or appellate court opinions.