Expunction of Record of Conviction – T.C.A. 40-32-101(g)
On July 1, 2012, a new law goes into effect that allows Tennessee residents convicted of certain crimes to be able to have that incident expunged from their records, pursuant to T.C.A. 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.
For a full list of crimes eligible/ non-eligible, please click the link below:
Additional stipulations exist for those crimes which qualify:
- The individual must have no other convictions than the one under review, and
- The individual must have completed all terms of his or her sentencing, paid all fines/ fees/ assessments, and
- The individual have remained free of alcohol or substance abuse for one year, and
- At least five years must have elapsed from the completion of the individual’s sentence, and
- The individual must also pay a fee of $350 to the Clerk of the Court.
The full list of requirements is available by clicking the link below:
If your conviction is among the eligible crimes, and you qualify for the stipulations, you can file a petition to have your record expunged at the Hamilton County Criminal Court Clerk’s office.You must pay a non-refundable application fee of $350, plus a clerk’s fee of $100 to the Clerk of the Court where the conviction was entered at the time of filing the Petition