Sealing and Expunging Criminal Records in Tennessee

In Tennessee, publicly accessible criminal records can have a significant impact on individuals. Some of the limiting effects include hindering an individual’s chances of gaining employment, securing credit facilities, housing, running or being selected for political or public positions, and pursuing higher education. A way to address the challenges posed by having a criminal record is to have the records sealed or expunged by a judge. Tennessee State Courts permit expungement, which is the removal and destruction of public records that show a conviction. Expungement makes the conviction non-existent, making it inaccessible to requestors.

The Difference Between Sealing and Expunging Criminal Records

When a criminal record is sealed, the documents become inaccessible to the public unless the requester has a court order. Expungement translates to the complete removal and destruction of the documents that show an individual’s arrest and conviction history. It also refers to the removal of case files from electronic databases. Once the court expunges a record, the individual may legally state that the offense or arrest never happened, even under oath.

How to Seal a Criminal Record in Tennessee

In the state of Tennessee, criminal records cannot be sealed or expunged. If a criminal record is not eligible for expungement, then it remains a public record. However, juvenile records, which qualify for expungement under the Federal statutes, may be eligible for sealing.

What Crimes Can Be Expunged in Tennessee?

In the state of Tennessee, offenders with two or fewer convictions may be eligible to request the expungement of both records simultaneously. However, only convictions for non-violent felonies and misdemeanors are eligible for expungement, including:

• Instances where there was no use or attempted use of force against another individual or property
• Non-sexual offenses that do not require the offender to register as a sex offender in the state.
• Cases where there was no use of a firearm or weapon
• Felony offense where physical force was not required to commit it.
• Instances where the victim did not incur a loss exceeding $25,000.

Can a Felony Be Expunged in Tennessee?

Under T.C.A § 40-32-101(a), certain felonies may be eligible for expungement, inclduing Class E, D and C felonies. Some of these include:

• Destruction of valuable papers
• Theft of trade secrets
• Home improvement fraud
• Vandalism
• Hingering secured creditors
• Forgery
• Unathorized solicitation of safety, judicial or police associations
• Insolvency fraud
• Unauthorized sales of f live performance recording

However, petitioners will need to meet several requirements in other to be eligible for expungement. These include:

• Petitioners must have a maximum of 2 cirminal convictions. Persons with two or more criminal convictions are ineligble for expungemnt.
• A period of five years must have passed from the date of the conviction.
• Petitioners must have met all the court obligations linked with the conviction

In addition to this, applicants mustt ensure that all fees and fines linked with their case has been paid in full before submitting a petition.

How to Expunge Criminal Records in Tennessee

According to the Tennessee Code for Criminal Procedure § 40–32–101, Tennessee criminal records are eligible for expunction if:

• The offender was arrested and released without a charge.
• The prosecution was not pursued in the case. It is also known as a nolle prosequi.
• The court dismisses the charges, or when a “no true bill” is returned by a grand jury in a prosecution.
• A non-guilty verdict.
• The offender was part of a pretrial diversion program, as outlined in Tennessee Code § 40–15–102 to Tennessee Code § 40–15–107, or a judicial diversion program, as specified in Tennessee Code § 40–35–313. The expungement process costs up to $100.
• Felony charges and the sentence for the offense was less than three years.
• Five years have elapsed after completing the sentence.
• No outstanding payment.

The expungement process involves filing a petition at the court where the case was initially prosecuted or filed. Requestors must provide information about the case for the expungement process. Parties that do not have this information at hand are advised to visit the court clerk to obtain details. These records typically generally have one of the following four remarks: retired, dismissed with costs, dismissed, or nollied. There are steps to be taken before the record can be officially expunged from the case file. The steps are:

• Complete a request form (forms are unique to each county). It is necessary to obtain the correct request form based on the remark the defendant’s record carries.
• Highlight the charges or convictions that are eligible for expungement and file this information with the criminal court clerk accordingly.
• After filing the information, requestors must submit a stamped envelope containing the petitioner’s address for each charge or conviction being expunged. The court clerk then forwards the documents to the applicant by submitting this envelope, signifying that the expungement process is valid.
• The requester typically receives certified copies of the expungement order and charging documents. The clerk also forwards the files to the judge in charge, who sends the documents to the necessary agencies. These parastatals include the arresting agency, the Tennessee Department of Corrections, the detention center, the Tennessee Bureau of Investigation, and others with records of these charges or convictions for complete expungement.

For individuals whose charges are marked as ‘dismissed with costs,’ this indicates that there are still outstanding court fees that must be paid before the case can be expunged, although a waiver may be available in some cases. If the remark on the charge is ‘retired,’ this indicates that the lawsuit has been on hold for a long time. The offender typically requests to change the case to a dismissed case before initiating the expungement process.

Do Sealed Records Show Up In Tennessee Background Checks?

No. In Tennessee, if background checks are requested or conducted through any government agency, expunged records typically do not appear in the search, as case records are updated regularly in accordance with the expungement orders received. However, if the background check uses a private company, the case document may appear if the company does not update its records frequently. The individual might need to contact the agency to get it removed from the public domain.

Who Can See Sealed Criminal Records in Tennessee?

There is no formal process for sealing criminal records in Tennessee, as the state does not have a specific procedure for doing so. Instead, the court expunges case files, which can be done only after a specific period has passed. If the requesting party is eligible based on certain conditions, all documents related to such a crime or conviction are destroyed and deleted from databases. Therefore, erasing the records from existence. So, the chances of anyone ever seeing the criminal records are essentially zero.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. Additionally, third-party sites often feature search engines that can be useful for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by the government.