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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) Except as provided in subdivision (a)(2), as used in this subsection (a), “eligible petitioner” means:
(A) A person who was convicted of one (1) of the following Class C felonies, or an attempt, conspiracy, facilitation, or solicitation to commit one (1) of the following Class C felonies, committed on or after November 1, 1989:
(i) Section 39-14-103--Theft of property;
(ii) Section 39-14-104--Theft of services;
(iii) Section 39-14-114--Forgery;
(iv) Section 39-14-115--Criminal simulation;
(v) Section 39-14-118--Illegal possession or fraudulent use of a credit card or debit card;
(vi) Section 39-14-121 -Worthless checks;
(vii) Section 39-14-130--Destruction of valuable papers;
(viii) Section 39-14-133--Fraudulent or false insurance claims;
(ix) Section 39-14-137--Fraudulent qualifying for set-aside programs;
(x) Section 39-14-138--Theft of trade secrets;
(xi) Section 39-14-139--Sale of recorded live performances without consent;
(xii) Section 39-14-149--Communication theft;
(xiii) Section 39-14-150(c)--Identity theft trafficking;
(xiv) Section 39-14-152--Use of a counterfeit mark or logo;
(xv) Section 39-14-154--Home improvement fraud;
(xvi) Section 39-14-408--Vandalism;
(xvii) Section 39-14-602(b)(5)--Violation of Tennessee Personal and Commercial Computer Act;
(xviii) Section 39-14-603--Unsolicited bulk electronic mail;
(xix) Section 39-14-804--Theft of animal from or damage to an animal facility;
(xx) Section 39-17-417(c)--Manufacture, deliver, sale, or possession of Schedule II drug, including cocaine or methamphetamine in an amount less than point five (0.5) grams;
(xxi) Section 39-17-417(e)--Manufacture, deliver, sale, or possession of flunitrazepam;
(xxii) Section 39-17-417(g)(3)--Manufacture, deliver, sale, or possession of Schedule VI controlled substance;
(xxiii) Section 39-17-454(c)--Manufacture, delivery, dispense, or sale or possession with the intent to manufacture, deliver, dispense, or sale or possession of a controlled substance analogue (second or subsequent violation); and
(xxiv) Section 39-17-607(b)--Influencing or attempting to influence lottery;
(B) A person who was convicted of one (1) of the following Class D felonies, or an attempt, conspiracy, facilitation, or solicitation to commit one (1) of the following Class D felonies, committed on or after November 1, 1989:
(i) Section 39-14-103--Theft of property;
(ii) Section 39-14-104--Theft of services;
(iii) Section 39-14-112- Extortion;
(iv) Section 39-14-114--Forgery;
(v) Section 39-14-115--Criminal simulation;
(vi) Section 39-14-118--Illegal possession or fraudulent use of credit card or debit card;
(vii) Section 39-14-121--Worthless checks;
(viii) Section 39-14-130--Destruction of valuable papers;
(ix) Section 39-14-133--False or fraudulent insurance claims;
(x) Section 39-14-137--Fraudulent qualifying for set-aside programs;
(xi) Section 39-14-138--Theft of trade secrets;
(xii) Section 39-14-139--Sale of recorded live performances without consent;
(xiii) Section 39-14-147--Fraudulent transfer of motor vehicle valued at twenty thousand dollars ($20,000) or more;
(xiv) Section 39-14-149--Communication theft;
(xv) Section 39-14-150(b)--Identity theft;
(xvi) Section 39-14-152--Use of a counterfeit mark or logo;
(xvii) Section 39-14-154--Home improvement fraud;
(xviii) Section 39-14-402 or § 39-13-1002 [as applicable]--Burglary-other than habitation or automobile;
(xix) Section 39-14-408--Vandalism;
(xx) Section 39-14-602(a)-(c)--Violation of Tennessee Personal and Commercial Computer Act;
(xxi) Section 39-14-603--Unsolicited bulk electronic mail;
(xxii) Section 39-16-502(a)(1) or (a)(2)--False report to law enforcement not involving bomb, fire, or emergency;
(xxiii) Section 39-17-417(d)--Manufacture, deliver, sale, or possession of Schedule III drug;
(xxiv) Section 39-17-417(e)--Manufacture, deliver, sale, or possession of Schedule IV drug;
(xxv) Section 39-17-417(g)(2)--Manufacture, deliver, sale, or possession of certain Schedule VI drugs;
(xxvi) Section 39-17-430--Prescribing or selling steroid for unlawful purpose;
(xxvii) Section 39-17-433--Promoting manufacture of methamphetamine;
(xxviii) Section 39-17-438--Produce, manufacture, delivery, sale, or possession of hallucinogenic plant salvia divinorum or the synthetic cannabinoids (first violation);
(xxix) Section 39-17-454(c)--Manufacture, deliver, dispense, sell, or possess with intent to manufacture, deliver, dispense, or sell a controlled substance analogue (first violation);
(xxx) Section 39-17-607(a)--Making counterfeit or altering lottery ticket;
(xxxi) Section 39-17-608--Making material false statement on lottery application or record;
(xxxii) Section 39-17-654(c)--Unauthorized person conducting charitable gaming event; and
(xxxiii) Section 53-11-402(a)(3)--Drug fraud;
(C) A person who was convicted of one (1) of the following Class E felonies, or an attempt, conspiracy, facilitation, or solicitation to commit one (1) of the following Class E felonies, committed on or after November 1, 1989:
(i) Section 39-11-411--Accessory after the fact;
(ii) Section 39-13-306--Custodial interference where person not voluntarily returned by defendant;
(iii) Section 39-13-604(c)(2)--Knowing dissemination of illegally recorded cellular communication;
(iv) Section 39-14-105(a)(2)--Theft;
(v) Section 39-14-114(c)--Forgery;
(vi) Section 39-14-115--Criminal simulation;
(vii) Section 39-14-116(c)--Hindering secured creditors;
(viii) Section 39-14-117(b)--Fraud in insolvency;
(ix) Section 39-14-118--Fraudulent use of credit card or debit card;
(x) Section 39-14-121--Worthless checks;
(xi) Section 39-14-130--Destruction of valuable papers;
(xii) Section 39-14-131--Destruction or concealment of will;
(xiii) Section 39-14-133--Fraudulent or false insurance claim;
(xiv) Section 39-14-137(b)--Fraudulent qualifying for set-aside programs;
(xv) Section 39-14-138--Theft of trade secrets;
(xvi) Section 39-14-139--Sale of recorded live performances without consent;
(xvii) Section 39-14-143--Unauthorized solicitation for police, judicial, or safety associations;
(xviii) Section 39-14-147(f)--Fraudulent transfer of motor vehicle with value of less than twenty thousand dollars ($20,000);
(xix) Section 39-14-149--Communication theft;
(xx) Section 39-14-154--Home improvement fraud;
(xxi) Section 39-13-1002--Burglary of an automobile;
(xxii) Section 39-14-408--Vandalism;
(xxiii) Section 39-14-411--Utility service interruption or property damage;
(xxiv) Section 39-14-505--Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume);
(xxv) Section 39-14-602--Violation of Tennessee Personal and Commercial Computer Act;
(xxvi) Section 39-14-603--Unsolicited bulk electronic mail;
(xxvii) Section 39-16-201--Taking telecommunication device into penal institution;
(xxviii) Section 39-16-302--Impersonation of licensed professional;
(xxix) Section 39-16-603--Evading arrest in motor vehicle where no risk to bystanders;
(xxx) Section 39-16-609(e)--Failure to appear (felony);
(xxxi) Section 39-17-106--Gifts of adulterated candy or food;
(xxxii) Section 39-17-417(f)--Manufacture, delivery, sale, or possession of Schedule V drug;
(xxxiii) Section 39-17-417(g)(1)--Manufacture, delivery, sale, or possession of not less than one-half ounce ( 1/2 oz.) and not more than ten pounds (10 lbs.) of Schedule VI drug marijuana;
(xxxiv) Section 39-17-417(h)--Manufacture, delivery, sale or possession of Schedule VII drug;
(xxxv) Section 39-17-418(e)--Simple possession or casual exchange (third offense);
(xxxvi) Section 39-17-422(c)--Selling glue for unlawful purpose;
(xxxvii) Section 39-17-423(c)--Counterfeit controlled substance;
(xxxviii) Section 39-17-425(b)(1), (2), (3)--Unlawful drug paraphernalia uses and activities;
(xxxix) Section 39-14-152--Use of a counterfeit mark or logo; and
(xl) Section 39-14-903--Money laundering offenses;
(D) Except as provided in this subdivision (a)(1)(D), a person who was convicted of a misdemeanor offense committed on or after November 1, 1989. Misdemeanors excluded from eligibility are:
(i) Section 39-13-101(a)(1) and (2)--Assault, if the offense was committed prior to July 1, 2000;
(ii) Section 39-13-102--Aggravated assault of public employee;
(iii) Section 39-13-111--Domestic assault;
(iv) Section 39-13-113(g)--Violation of protective or restraining order;
(v) Section 39-13-113(h)--Possession of firearm while order of protection in effect;
(vi) Section 39-13-511--Public indecency (third or subsequent offense);
(vii) Section 39-13-511--Indecent exposure (victim under thirteen (13) years of age) or by person in penal institution exposing to a guard;
(viii) Section 39-13-526(b)(1) and (2)--Violation of community supervision by sex offender not constituting offense or constituting misdemeanor;
(ix) Section 39-13-528--Soliciting minor to engage in Class E sexual offense;
(x) Section 39-13-509--Unlawful sexual contact by authority figure;
(xi) Section 39-13-514(b)(3)(A)--Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability;
(xii) Section 39-14-304--Reckless burning;
(xiii) Section 39-14-406--Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;
(xiv) Section 39-15-201(b)(3) [repealed]--Coercion-abortion;
(xv) Section 39-15-210--Third or subsequent violation of Child Rape Protection Act of 2006;
(xvi) Section 39-15-401(a)--Child abuse (where child is between seven (7) and seventeen (17) years of age);
(xvii) Section 39-15-401(b)--Child neglect and endangerment (where child is between seven (7) and thirteen (13) years of age);
(xviii) Section 39-15-404--Enticing a child to purchase intoxicating liquor--purchasing alcoholic beverage for child;
(xix) Section 39-15-404--Allowing a minor to consume alcohol on person's premises;
(xx) Section 39-15-414--Harboring or hiding a runaway child;
(xxi) Section 39-17-315--Stalking;
(xxii) Section 39-17-431--Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits;
(xxiii) Section 39-17-437--Using substance or device to falsify drug test results and selling synthetic urine;
(xxiv) Section 39-17-438--Possession of the hallucinogenic plant salvia divinorum or the synthetic cannabinoids;
(xxv) Section 39-17-452--Sale or possession of synthetic derivatives or analogues of methcathinone;
(xxvi) Section 39-17-902(a)--Importing, preparing, distributing, processing, or appearing in obscene material or Class A misdemeanors;
(xxvii) Section 39-17-907--Unlawful exhibition of obscene material;
(xxviii) Section 39-17-911--Sale or loan to minors of harmful materials;
(xxix) Section 39-17-918--Unlawful massage or exposure of erogenous areas;
(xxx) Section 39-17-1307(f)(1)(A)--Possession of firearm after being convicted of misdemeanor crime of domestic violence;
(xxxi) Section 39-17-1307(f)(1)(B)--Possession of firearm while order of protection is in effect;
(xxxii) Section 39-17-1307(f)(1)(C)--Possession of firearm while prohibited by state or federal law;
(xxxiii) Section 39-17-1312--Failure of adult to report juvenile carrying gun in school;
(xxxiv) Section 39-17-1320(a)--Nonparent providing handgun to a juvenile;
(xxxv) Section 39-17-1352--Failure to surrender handgun carry permit upon suspension;
(xxxvi) Section 39-17-1363--Violent felon owning or possessing vicious dog;
(xxxvii) Section 39-13-101(a)(3)--Assault (offensive or provocative physical contact);
(xxxviii) Section 39-13-511(a)--Public indecency-first or second offense;
(xxxix) Section 39-13-511(b)(2)--Indecent exposure (victim thirteen (13) years of age or older);
(xl) Section 39-15-412(b)--Disseminating smoking paraphernalia to minor after three (3) prior violations;
(xli) Section 39-16-404--Misuse of official information by public servant;
(xlii) Section 39-17-317--Disorderly conduct at funerals;
(xliii) Section 39-17-715--Possession of or consuming alcoholic beverages on kindergarten through grade twelve (K-12) school premises;
(xliv) Section 39-17-914--Display for sale or rental of material harmful to minors; and
(xlv) Section 55-10-401--Driving under the influence of an intoxicant;
(E) A person who was convicted of a felony or misdemeanor committed prior to November 1, 1989, if:
(i) The person has never had a previous conviction expunged as the result of the successful completion of a diversion program pursuant to §§ 40-15-102--40-15-106 or § 40-35-313; and
(ii) The offense for which the person was convicted:
(a) Did not have as an element the use, attempted use, or threatened use of physical force against the person of another;
(b) Did not involve, by its nature, a substantial risk that physical force against the person of another would be used in the course of committing the offense;
(c) Did not involve the use or possession of a deadly weapon;
(d) Was not a sexual offense for which the offender is required to register as a sexual offender or violent sexual offender under chapter 39, part 2 of this title, or any sexual offense involving a minor;
(e) Did not result in the death, serious bodily injury, or bodily injury of a person;
(f) Did not involve the use of alcohol or drugs and a motor vehicle;
(g) Did not involve the sale or distribution of a Schedule I controlled substance or a Schedule II controlled substance in an amount listed in § 39-17-417(i);
(h) Did not involve a minor as the victim of the offense; and
(i) Did not result in causing the victim or victims to sustain a loss of sixty thousand dollars ($60,000) or more; or
(F) A person who was convicted of more than one (1) of the offenses listed in this subdivision (a)(1), if the conduct upon which each conviction is based occurred contemporaneously, occurred at the same location, represented a single continuous criminal episode with a single criminal intent, and all such convictions are eligible for expunction under this part. The offenses of a person who is an eligible petitioner under this subdivision (a)(1)(F) must be considered a single offense for the purposes of this section so that the person is eligible for expunction consideration if all other requirements are met.
(2) A person is not an eligible petitioner for purposes of this subsection (a) if the person was convicted of an offense involving the manufacture, delivery, sale, or possession of a controlled substance and at the time of the offense the person held:
(A) A commercial driver license, as defined in § 55-50-102, and the offense was committed within a motor vehicle, as defined in § 55-50-102; or
(B) Any driver license and the offense was committed within a commercial motor vehicle, as defined in § 55-50-102.
(3) An eligible petitioner under this subsection (a) may file a petition for expunction of that person's public records involving a criminal offense eligible for expunction if:
(A)(i) The offense for which the person is seeking expunction occurred prior to any conviction for a criminal offense that is ineligible for expunction, including convictions for federal offenses and offenses in other states that would be ineligible for expunction in this state; and
(ii) The person has not previously been granted expunction for another criminal offense under this subsection (a), subsection (b), or subsection (c);
(B) At the time of the filing of the petition for expunction at least:
(i) Five (5) years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony; or
(ii) Ten (10) years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class C or D felony; and
(C) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense, including:
(i) Payment of all fines, restitution, court costs, and other assessments;
(ii) Completion of any term of imprisonment or probation;
(iii) Meeting all conditions of supervised or unsupervised release; and
(iv) If so required by the conditions of the sentence imposed, remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one (1) year.
(4) A person seeking expunction pursuant to this subsection (a) shall petition the court pursuant to § 40-32-108.
(b)(1) As used in this subsection (b), an “eligible petitioner” means a person who is seeking expunction of no more than two (2) offenses and:
(A) Each of the offenses for which the petitioner seeks expunction:
(i) Are offenses that are eligible for expunction under subdivision (a)(1); and
(ii) Occurred prior to any conviction for a criminal offense that is ineligible for expunction, including convictions for federal offenses and offenses in other states that would be ineligible in this state;
(B) The offenses were:
(i) Two (2) misdemeanors; or
(ii) One (1) felony and one (1) misdemeanor;
(C) At the time of the filing of the petition for expunction at least:
(i) Five (5) years have elapsed since the completion of the sentence imposed for any misdemeanor or Class E felony the person is seeking to have expunged; and
(ii) Ten (10) years have elapsed since the completion of the sentence imposed for any Class C or D felony offense the person is seeking to have expunged;
(D) The person has fulfilled all the requirements of the sentences imposed by the court for each offense the petitioner is seeking to expunge, including:
(i) Payment of all fines, restitution, court costs, and other assessments for each offense;
(ii) Completion of any term of imprisonment or probation for each offense;
(iii) Meeting all conditions of supervised or unsupervised release for each offense; and
(iv) Remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one (1) year, if so required by the conditions of any of the sentences imposed; and
(E) The person has not previously been granted expunction under subsection (a), this subsection (b), or subsection (c) for another criminal offense.
(2) If a person was convicted of more than one (1) offense listed in subdivision (a)(1) and the conduct upon which each conviction is based occurred contemporaneously, occurred at the same location, represented a single continuous criminal episode with a single criminal intent, and all such convictions are eligible for expunction under this part, then such convictions must be considered a single offense for purposes of subdivision (b)(1).
(3) A person seeking expunction pursuant to this subsection (b) shall petition the court pursuant to § 40-32-108.
(c)(1) As used in this subsection (c), an “eligible petitioner” means a person who was convicted of a violation of § 2-19-107--illegal registration or voting, if:
(A) At the time of the filing of the petition for expunction, at least fifteen (15) years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged;
(B) The person has fulfilled all requirements of the sentence imposed by the court for the offense the petitioner is seeking to expunge, including:
(i) Payment of all fines, restitution, court costs, and other assessments for the offense;
(ii) Completion of any term of imprisonment or probation for the offense; and
(iii) Meeting all conditions of supervised or unsupervised release for the offense;
(C) The offense for which the person is seeking expunction occurred prior to any conviction for a criminal offense that is ineligible for expunction, including convictions for federal offenses and offenses in other states that would be ineligible for expunction in this state; and
(D) The person has not previously been granted expunction under this subsection (c), or under subsection (a) or subsection (b) for another criminal offense.
(2) A person seeking expunction pursuant to this subsection (c) shall petition the court pursuant to § 40-32-108.
(d)(1) As used in this subsection (d), “eligible petitioner” means a person who:
(A) Petitioned the court in which the petitioner was convicted of the offense and the judge finds the conviction was not for one (1) of the following felony offenses, or an attempt, conspiracy, facilitation, or solicitation to commit one (1) of the following felonies:
(i) Section 39-13-202--First degree murder;
(ii) Section 39-13-210--Second degree murder;
(iii) Section 39-13-305--Especially aggravated kidnapping;
(iv) Section 39-15-402 -Aggravated child abuse;
(v) Section 39-13-403--Especially aggravated robbery;
(vi) Section 39-13-805--Commission of act of terrorism; or
(vii) A sexual offense for which the offender is required to register as a sexual offender or violent sexual offender under chapter 39, part 2 of this title, or any sexual offense involving a minor;
(B) Petitioned for and received a positive vote from the board of parole to receive a pardon; and
(C) Received a pardon by the governor.
(2) An eligible petitioner under subdivision (d)(1) may file a petition for expunction of that person's public records involving the crime.
(3) A person seeking expunction pursuant to this subsection (d) shall petition the court pursuant to § 40-32-108.
Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-32-107 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-107/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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