Tennessee Code Title 40. Criminal Procedure § 40-32-102

(c)(1) The Tennessee bureau of investigation (TBI) shall develop a request for certification form to be completed by the court and submitted to the TBI prior to entering an order of expunction.  The court is not required to submit a certificate to the TBI if the expungement is pursuant to § 40-32-109 or § 40-32-106, unless the expunction was the result of the successful completion of a pretrial diversion program, pursuant to §§ 40-15-102--40-15-107 or judicial diversion program pursuant to § 40-35-313.  The certificate must contain the name of the person seeking expunction, the person's date of birth and social security number, the offense that the person is seeking to have expunged, the date of arrest, and the appropriate state control number as referenced in § 8-4-115.  The TBI shall provide access to the certificate to each clerk that accepts petitions for expunction.

(2) After receiving a request for certification, the TBI shall determine if the submitted offense is eligible for expunction pursuant to § 40-32-107 or § 40-32-105 and note the determination on the certificate.  The TBI shall provide the court with a copy of the certificate containing the determination, or an explanation why a determination cannot be reached.  The certificate may also be distributed to the district attorney and the defendant or the defendant's attorney.

(3) An order of expunction must not be entered by the court unless a certificate, as required by this subsection (c), is attached to the order of expunction.

(4) The certificate provided by the TBI pursuant to subdivision (c)(2) is only a certification as to whether the submitted offense is eligible for expunction.  The certification is not a certification that the defendant is eligible for expunction, and the court continues to have the duty to determine eligibility.  The TBI is not required to search any other source or database in order to make the certification required by this subsection (c).

(e)(1) The clerk of the court maintaining records expunged pursuant to this chapter shall keep such records confidential.

(2) Release of confidential records or information contained therein other than to law enforcement agencies for law enforcement purposes is a Class A misdemeanor and is punishable as described in § 40-32-104.

(3) This chapter does not deny access to any record to the comptroller of the treasury or the comptroller of the treasury's agent for purposes of audit investigation.  The comptroller of the treasury or the comptroller of the treasury's agent having this access shall protect the confidential nature of the records that are not otherwise public under other statutes.

(4) Release of arrest histories of a defendant or potential witness in a criminal proceeding to an attorney of record in the proceeding must be made to the attorney upon request.

(5) Notwithstanding subdivisions (e)(1) and (2), a court entering an order of expunction pursuant to this chapter may release a copy of the order of expunction to the petitioner.