Nashville Expungement Attorney
A dismissed charge does not disappear on its own. It sits on your record until somebody files to remove it. Austin Tomlinson is a Nashville expungement attorney who files these petitions in Davidson County and across Middle Tennessee.
Tennessee Moved the Expungement Statute in 2025
For years, every expungement page, form and article in Tennessee cited Tenn. Code Ann. § 40-32-101. That section is now titled “Chapter definitions.” Title 40, chapter 32 was reorganized by 2025 Tenn. Acts ch. 268, and the operative provisions moved:
Non-conviction expunction now lives at § 40-32-106. Who is eligible to expunge a conviction is at § 40-32-107. The procedure is at § 40-32-108, and what an expunction legally does is at § 40-32-110.
The chapter did not just get renumbered, it got bigger. It ran from § 40-32-101 to § 40-32-105 before. It now runs to § 40-32-110, and one of the additions is a remedy that did not previously exist: § 40-32-109, expunction of arrest records with no court history. Tennessee then amended the same part again by 2026 Tenn. Pub. Ch. 1061, the Recovery Court Renewal Act, effective July 1, 2026.
So if you are reading something about Tennessee expungement that points you to § 40-32-101(g), you are reading a version of the chapter that no longer exists, and renumbering the citation is not enough to make it current.
There Are Two Different Things Called Expungement
Clearing a charge that ended without a conviction and clearing an actual conviction are two separate processes with different rules. The first has no waiting period and no cost. The second has waiting periods measured in years, a list of offenses that are never eligible, and a limit on how many times you can use it.
Most people asking a Nashville expungement attorney about this are in the first category and do not realize how straightforward their situation is, or that nothing happens until somebody files.
| Case ended without a conviction | You were convicted | |
|---|---|---|
| Statute | § 40-32-106 | § 40-32-107 |
| Waiting period | None | 5 or 10 years |
| Cost | No cost to you | Clerk's fee under § 8-21-401, up to $100 |
| How many times | Not limited in the same way | Generally one, or two under a separate provision |
| Offense limits | Applies to the charge that ended | Only listed offenses, with a long exclusion list |
Diversion sits in between, and both kinds run through the same door. A charge dismissed after successful pretrial diversion is carved out of the no-cost path at § 40-32-106(a)(1)(A). Section 40-32-106(d)(1) then covers a dismissal on successful completion of either pretrial diversion under §§ 40-15-102 through 40-15-107 or judicial diversion under § 40-35-313, and § 40-32-106(d)(3) charges the clerk's fee under § 8-21-401 on both, so neither one is free the way a dismissal is. One limit is absolute: § 40-32-106(d)(2) bars this route entirely where the diverted offense was a sexual offense or violent sexual offense as defined in § 40-39-202. And completing diversion is not the end of it. The expunction is its own filing.
If Your Charge Was Dismissed or You Were Found Not Guilty
Under § 40-32-106, you may have the records removed and destroyed when the charge was dismissed for a reason other than completing pretrial diversion, a grand jury returned no true bill, a nolle prosequi was entered, you were arrested and released without being charged, or a judge or jury returned a verdict of not guilty. There is no waiting period and it is done without cost to you.
The part people miss is that winning does not clear the record, which is why a Nashville expungement attorney gets the call months after a case ends. An acquittal, a dismissal and a no true bill all leave an arrest record behind that shows up on background checks run by employers, landlords and licensing boards. The case is over and the record is still there. It comes off when a petition is filed and granted, and not before.
There is no deadline, which is exactly why it gets forgotten. People walk out of court relieved, assume the system will handle the paperwork, and find out three years later when a background check comes back that it never did.
Expunging an Actual Conviction
Section 40-32-107 allows expunction of a conviction only for offenses the statute specifically lists. It covers most misdemeanors apart from a long exclusion list, plus named Class C, D and E felonies. The clock runs from completion of the sentence, not from the conviction date.
| Offense | Wait, measured from completion of the sentence |
|---|---|
| Eligible misdemeanor | 5 years |
| Eligible Class E felony | 5 years |
| Eligible Class D felony | 10 years |
| Eligible Class C felony | 10 years |
“Completion of the sentence” is the trap. It is not the day you were sentenced and not the day you got out. Probation, parole, fines, court costs and restitution all have to be finished first, and the clock starts after the last of them. Counting from the wrong date is a common way a petition gets filed years early, and an early petition does not get granted.
There are also conditions beyond the waiting period. Fines, costs and restitution must be paid. The sentence must be fully served. Your record matters, and a prior expunction generally disqualifies you from getting another one. A separate provision at § 40-32-107(b) allows up to two offenses to be cleared in limited circumstances, either two misdemeanors or one felony and one misdemeanor.
Because eligibility runs off specific enumerated offenses rather than a general rule, whether your particular conviction is on the list is a question worth answering before you plan around it. That check is quick.
Two Routes That Did Not Exist a Few Years Ago
The 2025 reorganization added § 40-32-109, expunction of arrest records with no court history. Tennessee then amended the same part again effective July 1, 2026 through the Recovery Court Renewal Act, 2026 Tenn. Pub. Ch. 1061, which added a further expunction provision tied to completing a certified recovery court program.
Section 40-32-109 matters for a specific and common situation: you were arrested, the case never generated a court record, and so there was never a dismissal or an acquittal to point at. People in that position are often told there is nothing to be done. There is now a section addressed to exactly that.
The recovery court provision is new enough that most published guidance predates it entirely. If you completed a certified recovery court program, it is worth asking whether it reaches your case rather than assuming the older rules still describe your options.
A DUI Conviction Is Not Expungeable On Any Ordinary Route
Driving under the influence under § 55-10-401 sits on the excluded list at § 40-32-107(a)(1)(D). So does domestic assault under § 39-13-111. Neither one becomes eligible with time, good behavior or a clean record afterward. There are roughly forty-five excluded misdemeanors on that list.
This is why what happens at the plea matters so much more than people think. A DUI reduced to reckless driving may be expungeable later. A DUI conviction is not, on any ordinary route. The one narrow exception is § 40-32-107(d), which opens a petition to someone whose convicting court has found the offense to be a nonviolent crime, who then obtained a favorable vote from the board of parole and received a pardon from the governor. That path exists and it is worth knowing about, but it is a long road and it is not a plan. The same is true across the excluded list: the difference between a record you can eventually clear and one you carry permanently is usually decided at the plea, years before anybody thinks about expungement.
What an Expunction Legally Does
Under § 40-32-110, an expunction restores you, in contemplation of the law, to the same status you occupied before the arrest, indictment, information, trial and conviction. You are also not guilty of perjury or of giving a false statement for failing to acknowledge the arrest or conviction in response to any inquiry made of you for any purpose.
That second part is the one people care about in practice. It is what lets someone answer a job application honestly and say no. Without the expunction, the same answer is a false statement. With it, the law says otherwise.
The order entitles you to have the public records of the expunged matter destroyed. It is also worth being realistic: private background check companies and news archives are not courts, and scraped data can persist in commercial databases after the official record is gone. That is a separate cleanup problem and it is worth knowing about going in rather than being surprised by it.
Where Expungement Petitions Go Wrong
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Counting From the Wrong Date
The wait runs from completion of the sentence, including probation and every dollar of costs and restitution. File before that and it does not get granted.
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Unpaid Costs Nobody Knew About
An outstanding balance on old court costs will stop a petition. It is worth pulling the clerk's ledger before filing, not after.
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Assuming Diversion Finished the Job
Completing diversion dismisses the charge. It does not expunge it. That is a separate petition that a lot of people never file.
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Missing Cases in Other Counties
Records sit with the court where the case was. An old charge in another Middle Tennessee county has to be found and petitioned separately.
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Spending the One Shot
Conviction expunction is generally available once. Using it on the smaller of two charges can be the wrong move. Sequence it deliberately.
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Assuming the Offense Qualifies
Eligibility runs off enumerated lists, not general rules. Check the actual judgment and the actual code section before planning around it.
Veterans Clearing an Old Record
For a veteran pursuing a security clearance, a federal position, defense contracting work or a professional license, an old charge that was dismissed years ago and never cleared is a recurring problem that keeps resurfacing at exactly the wrong moment.
It is also one of the most fixable problems in this entire practice area. A dismissed charge has no waiting period and no cost. If that is your situation, there is no reason to still be carrying it.
Veterans Defense OptionsClearance and Disclosure
An expunction changes what you are legally required to disclose in response to an inquiry. That is the practical value of it.
Veterans Treatment Court
Davidson County runs a dedicated Veterans Treatment Court. Participation comes as a condition of probation or through a diversion program, depending on the case.
Dismissed Is Not Cleared
A case that ended in your favor still shows on a background check until a petition is filed and granted.
Why Clients Hire Austin as Their Nashville Expungement Attorney
The Eligibility Check Is Fast
Whether you qualify, and from what date, is usually answerable in one conversation. That conversation is free.
Current Chapter, Not the Old One
Chapter 32 was reorganized in 2025. Petitions and advice still built on the old section numbers are working from a chapter that changed.
One Shot, Used Correctly
Conviction expunction is generally a once-only remedy. Which charge you spend it on should be a decision, not an accident.
Nashville Expungement FAQ
My case was dismissed. Is it already off my record?
No. A dismissal ends the case but leaves the arrest record in place. It comes off when an expunction is filed and granted under Tenn. Code Ann. § 40-32-106. There is no waiting period and it is done without cost to you, but nothing happens automatically. Until someone files, it keeps showing up on background checks.
How long do I have to wait to expunge a conviction?
Five years for an eligible misdemeanor or Class E felony, ten years for an eligible Class C or D felony, measured from completion of the sentence rather than from the conviction date. Completion means probation finished and all fines, court costs and restitution paid. Counting from the wrong date is a common reason a petition gets filed too early.
Can a DUI be expunged in Tennessee?
Not on any ordinary route. Section 55-10-401 is on the excluded list at § 40-32-107(a)(1)(D), and it does not become eligible with time, good behavior or a clean record. There is one narrow exception, at § 40-32-107(d): a person whose convicting court has found the offense to be a nonviolent crime, who then receives a favorable vote from the board of parole and a pardon from the governor, may petition. That is a long road and it is not a plan. A DUI charge that was dismissed or reduced to something else is a different situation entirely, which is part of why what happens at the plea matters so much.
I finished diversion. Is my record clear?
Not yet. Completing diversion gets the charge dismissed, but the expunction is a separate filing. Pretrial diversion and judicial diversion both run through § 40-32-106(d)(1), and both carry the clerk's fee under § 8-21-401 rather than the no-cost path. One exception is absolute: § 40-32-106(d)(2) bars expunction where the diverted offense was a sexual offense or violent sexual offense as defined in § 40-39-202. Otherwise someone has to file it, and a great many people never do.
How many times can I expunge a record?
Conviction expunction is generally a one-time remedy, and a prior expunction usually disqualifies you from another. A separate provision at § 40-32-107(b) allows up to two offenses in limited circumstances, either two misdemeanors or one felony and one misdemeanor. Because it is limited, which charge you use it on is worth thinking through.
I was arrested but never went to court. Can that be cleared?
Possibly, and this is newer. Section 40-32-109, added when the chapter was reorganized in 2025, addresses expunction of arrest records with no court history. That covers the situation where an arrest never produced a case, so there was no dismissal or acquittal to rely on. People in that position were often told nothing could be done. Worth asking again.
Can I say no if an employer asks about an expunged charge?
Yes. Section 40-32-110 says a person granted an expunction is not guilty of perjury or of giving a false statement by failing to acknowledge the arrest, indictment, information, trial or conviction in response to any inquiry made of the person for any purpose. That protection is the practical point of the whole process.
Will it come off Google and background check websites too?
The order reaches public records held by the courts and agencies. Private data brokers, mugshot sites and news archives are not courts, and information they scraped before the expunction can persist. Cleaning those up is a separate effort and it is worth planning for rather than being surprised by.
Do I need a lawyer to file an expungement?
Not strictly, and for a straightforward dismissal some people handle it themselves. Where it is worth having help is on the eligibility question, the date the clock actually started, unpaid costs you may not know about, cases sitting in other counties, and deciding which charge to spend a once-only remedy on. Those are where petitions fail.