A past criminal conviction can feel like a life sentence, closing doors to employment, housing, and your constitutional rights. We’ve talked before about how a felony conviction results in a lifetime ban on owning a firearm (Can a felon own a gun in Tennessee?). For many Tennesseans, the single best path to restoring those rights is expungement.

But this raises the most important question: Is my conviction eligible?

The answer is “yes, some felony convictions can be expunged in Tennessee,” but the rules are notoriously strict and confusing. Tennessee does not have a broad “Clean Slate” law that automatically erases old records. Eligibility is determined by the specific offense, the number of convictions on your record, and whether you have met all conditions of your sentence.

This guide will provide a clear checklist to help you determine if you may be eligible to have your record erased for good.

Seth Crabtree

About the Author:

This guide is provided by Seth Crabtree, a founding partner at The Crabtree Law Firm. Seth is known for his meticulous legal knowledge and for successfully arguing before the Tennessee Supreme Court, a case which changed state law. His expertise in statutory analysis is critical for navigating Tennessee’s complex expungement and restoration laws. Learn more about Seth Crabtree.

Two Main Paths to Expungement in Tennessee

There are two different “types” of expungement in Tennessee, each with its own set of rules. An expungement is a court-ordered process to erase some criminal cases from legal records.

1. Expungement of Non-Convictions (Dismissals, Etc.)

This is the most common and straightforward path. If you were arrested and charged with a crime but not convicted, you are almost always eligible to have the record of that charge expunged.

You may be eligible for a free expungement (no court filing fees) if your charge resulted in one of the following:

  • Dismissal: The charges against you were dismissed by the prosecutor or the court.
  • Nolle Prosequi: The prosecutor decided to “nolle” or not pursue the charge.
  • Not Guilty Verdict: You went to trial and were acquitted (found “not guilty”) by a judge or jury.
  • No True Bill: A Grand Jury declined to indict you, returning a “no true bill.”
  • Arrested and Released: You were arrested and released without being charged.

Certain convictions can also be expunged without a waiting period if the charge was dismissed. If any of these apply to you, you should file a request to expunge your record immediately.

2. Expungement of a Criminal Conviction

This is the path for individuals who were found guilty or pled guilty to a criminal offense. This is a newer right in Tennessee, and the rules are much more restrictive. To have an actual conviction expunged, you must meet a strict 5-point test.

Are You Eligible for Expungement? The Core Requirements

To qualify for an expungement of a conviction in Tennessee, you must meet all of the following conditions.

1. The Waiting Period

You must wait a specific number of years after the completion of your entire sentence. The sentence imposed is not complete until you are off probation or parole and all fines are paid.

  • Class E Felony: You must wait five (5) years after the completion of your sentence.
  • Class C & D Felonies: You must wait ten (10) years after the completion of your sentence.

2. Financial Obligations

You must have paid all fines, court costs, and restitution associated with the conviction. All court obligations associated with the crime must be fulfilled before petitioning for expungement.

3. The “Number of Convictions” Rule

This is a major hurdle. In Tennessee, you can only expunge a limited number of convictions. You are eligible only if you have no more than:

  • One (1) felony conviction and one (1) misdemeanor conviction on your entire criminal record (in any state or federal court).
  • Two (2) misdemeanor convictions and no other convictions.

If you have two felony convictions, or one felony and two misdemeanor convictions (or more), you are not eligible to expunge any of them.

4. The Offense Itself

The conviction must be for a criminal offense that Tennessee law specifically allows to be expunged. This new expungement law applies to crimes committed on or after November 1, 1989.

5. No Other Pending Charges

You cannot have any other charges pending against you.

Is Your Conviction Eligible?

The rules are confusing. Calculating the waiting period and determining which of your past charges count as “convictions” is a complex legal analysis. Before you give up, let us check your record for you. Contact The Crabtree Law Firm for a free, confidential eligibility review.

What Offenses CANNOT Be Expunged in Tennessee?

This is the most critical part of the test. Tennessee law excludes most serious offenses from expungement. If your conviction is on this list, it cannot be erased.

Ineligible offenses include, but are not limited to:

  • DUI: A DUI conviction is not eligible for expungement.
  • Violent Felonies: Class A and B felonies are not eligible. This includes violent crimes like murder, rape, robbery, aggravated assault, and kidnapping.
  • Domestic Violence: Any conviction for domestic assault, even a misdemeanor, is not eligible.
  • Sex Offenses: Any offense requiring registration as a sex offender is not eligible.
  • Offenses Involving Minors: Most crimes involving a minor are generally not eligible.
  • Stalking: Convictions for stalking or aggravated stalking.
  • Violation of a Protective Order

What Felonies CAN Be Expunged in Tennessee?

Tennessee law provides a specific “inclusion list” of felonies that are eligible. Most are Class E felonies, but the list also includes a few specific Class C and D felonies.

Common eligible felonies include:

  • Class C Felonies: Eligible Class C felonies include certain non-violent theft, forgery, and vandalism offenses.
  • Class D Felonies: Eligible Class D felonies may include non-violent burglary, theft of services, and specific fraud offenses.
  • Class E Felonies (most common):
    • Theft: (T.C.A. § 39-14-103)
    • Forgery: (T.C.A. § 39-14-114)
    • Fraudulent Use of a Credit Card: (T.C.A. § 39-14-118)
    • Certain Drug Offenses: This primarily includes possession of Schedule III, IV, and V drugs, and small amounts of Schedule II drugs (like cocaine or meth) under 0.5 grams.

If your conviction is for a Class E felony, there is a good chance it is on the eligible list. If it is a Class C or D felony, it must be one of the few specifically named in the statute to be eligible.

What Misdemeanor Convictions Are Ineligible?

While many misdemeanor convictions are eligible, the law specifically excludes several. In addition to DUI and domestic violence, you cannot expunge misdemeanor convictions for:

  • Child abuse, neglect, or endangerment
  • Indecent exposure
  • Violation of a protection order
  • Assault against a law enforcement officer
  • Possession of a firearm while an order of protection is in effect

The Expungement Process in Tennessee: Steps, Costs, and Timelines

Even if you are eligible, expungement is not automatic. The process for expungement involves submitting a petition to the criminal court and may take 2 to 4 months after filing.

1. How to File Your Petition

You must file a formal “Petition for Expungement” in the court of the county where your conviction occurred. This petition must be legally perfect, listing your offense, the date, and the reasons you are eligible. This law applies to crimes committed on or after November 1, 1989.

2. Understanding Court Costs and Fees

This is a critical step.

  • Dismissed Charges: For dismissals, “no true bills,” and “not guilty” verdicts, the process is free.
  • Diversion: For a dismissal after successfully completing judicial or pretrial diversion, there is a $100 filing fee.
  • Convictions: To expunge an eligible felony or misdemeanor conviction, the filing fees total $280. This includes a $100 fee to the clerk and other fees.

This does not include attorney fees. Given the complexity, hiring an attorney is a wise investment.

3. What to Expect from the Criminal Court Clerk

You will file your petition with the Criminal Court Clerk. The clerk’s office will process the paperwork and send it to the District Attorney, who can object. Once a judge signs the order, the clerk is responsible for sending a certified copy to the Tennessee Bureau of Investigation (TBI) and the arresting agency to have the public criminal record destroyed.

4. The 2021 “Rebuttable Presumption” Law

A 2021 law change in Tennessee helps persons seeking expungement. It established a “rebuttable presumption” in favor of expungement. This means the court is inclined to grant your petition unless the prosecutor contests it and provides a valid reason why you should not have your record cleared.

Your Expungement Questions, Answered (FAQ)

Does expungement restore gun rights in TN?

Yes. This is the most powerful and important benefit of an expungement. Because an expungement legally erased the conviction, you are no longer considered a “convicted felon” under state or federal law. The prohibitions under T.C.A. § 39-17-1307 and 18 U.S.C. § 922(g)(1) no longer apply to you. This is the cleanest and most complete path to Tennessee gun rights restoration.

How much does it cost to get a felony expunged in Tennessee?

This is a critical question. As mentioned above, the court costs are $280 for a conviction and $100 for a diversion dismissal. This does not include the cost of an attorney. Given the complexity of the process and the high stakes, hiring an attorney is a wise investment to ensure it’s done right the first time. We cover this topic in detail in our guide to the costs of restoring your rights.

Will my crime show on a background check if it's been expunged?

Once the TBI and other agencies process the court order, your expunged conviction will not appear on official, public background checks (like those used for firearms purchases or many employment applications). This will prevent others from knowing about your previous mistake. However, be aware: private data brokers who scrape court records before the expungement may still have that old data. An attorney can assist you in navigating this.

How long does expungement take in Tennessee?

The timeline can vary by county, but once the petition is filed, it generally takes 90 to 120 days (2 to 4 months) for the court to sign the order and for the TBI to process it and clear the record.

Don’t Risk Your Second Chance

The expungement laws in Tennessee are a maze. One mistake on your petition, a miscalculated waiting period, or a failure to contact the right agency can get your case rejected, forcing you to start all over.

You have already done the hard work. You completed your imprisonment and probation. You paid your fines and restitution. Don’t risk your second chance on a technicality. The team at The Crabtree Law Firm has handled thousands of criminal defense cases and knows how to navigate this process efficiently.

Contact us today for a confidential, no-obligation case review. We will obtain your record and tell you exactly what your options are.