Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to a non-violent offense can be expunged after a pardon by the governor. Tenn. Code Ann. § 40-32-101(h).	Records relating to convictions that resulted from being a victim of human trafficking can be expunged by the court after one year. Tenn. Code Ann. § 40-32-105.	A record relating to a delinquency adjudication can be expunged upon motion so long as the person is at least 17 years of age, at least one year has passed since their most recent delinquency adjudication, and they have not been subject to a disqualifying event. Tenn. Code Ann. § 37-1-153(f)(1)(A).	A record relating to a delinquency adjudication can be expunged upon motion, if the court finds that the person has maintained a consistent and exemplary pattern of responsible, productive, and civic-minded conduct for one or more years immediately preceding the filing of the petition. Tenn. Code Ann. § 37-1-153(f)(1)(B).	A record relating to a delinquency adjudication can be expunged upon motion, if the court finds that the person has made such an adjustment of circumstances that the court, in its discretion, believes that expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f)(1)(C).	A record relating to any case in which there is a successful completion of an informal adjustment without adjudication or pretrial diversion under section 37-1-110 will be expunged upon motion after one year. Tenn. Code Ann. § 37-1-153(f)(3).	A record relating to any case in which there is a successful completion of an informal adjustment without adjudication or pretrial diversion under section 37-1-110, will be expunged upon motion if the court determines that the expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f)(4).	A record relating to any case in which there was a successful completion of a judicial diversion pursuant to section 37-1-129 will be expunged upon motion after one year. Tenn. Code Ann. § 37-1-153(f)(5).	A record relating to any case in which there was a successful completion of a judicial diversion may be expunged earlier than the required one-year wait period upon a motion if the court determines that the expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f).	A record relating to any case that is dismissed will be expunged upon dismissal. Tenn. Code Ann. § 37-1-153(f)(6).	A record in any case in which a juvenile is tried and adjudicated delinquent or unruly for conduct that would constitute the offense of prostitution under §39-13-513 or aggravated prostitution under §39-13-516 if committed by an adult may be expunged if the court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under §39-13-314. Tenn. Code Ann. § 37-1-153(f)(12).	Records relating to a case dismissed after successful completion of a suspended prosecution are expunged by the court. Tenn. Code Ann. § 40-15-105(e).	Records relating to a misdemeanor or felony case dismissed upon the successful completion of pre-judgment probation can be expunged by the court. Tenn. Code Ann. § 40-35-313(b).	Records relating to a conviction for which a person has been exonerated are expunged. Tenn. Code Ann. § 40-27-109.	Records relating to arrest and prosecution for charges other than the charge of conviction can be removed from public databases after the conviction. Tenn. Code Ann. § 40-32-101(j).	Records relating to convictions or deferred adjudication community supervision for certain marijuana, theft, and prostitution offenses can be shielded by an order of non-disclosure one year after sentence completion if the person committed the offense solely as a victim of an offense under Tex. Code Crim. Proc. Ann § 20A.02, 20A.03, or 43.05. Tex. Gov't Code § 411.0728.	A delinquency adjudication that resulted from being a victim of human trafficking can be vacated, and the related records can be sealed, once the person completes a trafficked persons program. Tex. Fam. Code Ann. §54.04012.	Records relating to a misdemeanor adjudication will be sealed automatically, so long as the person is 19 years old and not subject to a disqualifying event. Tex. Fam. Code Ann. §58.253(b).	Records relating to delinquency matters not adjudicated will be sealed automatically, so long as the person is 19 years of age and is not subject to a disqualifying event. Tex. Fam. Code Ann. §58.253(b).	Records relating to any delinquency matters where a person was referred to the juvenile probation department can be sealed upon petition, so long as the person is at least 18 years of age, at least two years have elapsed after the date of final discharge, and the person is not subject to a disqualifying event. Tex. Fam. Code Ann. § 58.256.
Ineligible Category or Citation	This section applies only to nonviolent convictions occurring after January 1, 1980, for which the person received a pardon. Tenn. Code Ann. § 40-32-101(h).	See Tenn. Code Ann. § 40-32-105(b)(6).	Any offenses listed under Tenn. Code Ann. § 37-1-153(f)(1)(A) are ineligible for expungement and will also disqualify the juvenile for expungement for other offenses.	Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).	Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).	Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).	Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).	Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).	Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13).	See Tenn. Code Ann. § 37-1-153(f) for ineligible offenses.	This section applies only to acts of prostitution or aggravated prostitution under Tenn. Code Ann. §§ 39-13-513 and 39-13-516. Tenn. Code Ann. § 37-1-153(f)(12).	See subsection (a)(1)(B)(III) for offenses ineligible for suspended prosecution. Tenn. Code Ann. § 40-15-105. Charges relating to class B or C misdemeanors dismissed on or after July 1, 1999, are not sent to the Tennessee bureau of investigation for inclusion in the expunged criminal offender and pretrial diversion database.	See subsection (a)(1)(B) for the definition of a qualified defendant. No records relating to a sexual offense as defined by section 40-39-202 will be expunged. Tenn. Code Ann. § 40-35-313(b).	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	This section applies only to offenses listed in Tex. Gov't Code § 411.0728.	There are no ineligible offenses.	The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony or a misdemeanor punishable by confinement in jail; or has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. Tex. Fam. Code Ann. §58.253(b).	The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony or a misdemeanor punishable by confinement in jail; or has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. Tex. Fam. Code Ann. §58.253(b).	The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony; has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail; received a determinate sentence for engaging in certain serious offenses outlined in section 53.045; received a determinate sentence for engaging in habitual felony conduct; is currently required to register as a sex offender; or was committed to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility, unless the person has been discharged from the agency to which the person was committed. Tex. Fam. Code Ann. § 58.256(c), (d).
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Automatic	Petition-based	Automatic	Petition-based	Petition-based	By petition or court's own motion		Automatic	Petition-based
Waiting Periods	There is no statutory language regarding a waiting period.	The petition can be filed one year after completion of the person's most recent sentence. Tenn. Code Ann. § 40-32-105(b)(1).	The motion can be filed if the person is at least 17 years old and at least one year has passed since the person's most recent delinquency adjudication.	The motion can be filed if, for one or more years immediately preceding the filing of the petition, the person has maintained a consistent and exemplary pattern of responsible, productive, and civic-minded conduct.	The motion can be filed at any time.	The motion can be filed one year after the person successfully completed the informal adjustment or pretrial diversion program.	The motion can be filed at any time.	The motion can be filed one year after the person successfully completed the judicial diversion program.	The motion can be filed at any time.	The record should be expunged immediately following the dismissal of the case.	There is no waiting period.	Ninety days after successful completion of the suspended prosecution period, the trial court dismisses the charge with prejudice.	There is no waiting period.	There is no waiting period.	There is no waiting period.	The petition can be filed one year after sentence completion.	There is no waiting period.	The records can be sealed when the person turns 19 years old.	The records can be sealed when the person turns 19 years old.	A petition can be filed if the person is at least 18 years old and two years have elapsed since the date of final discharge.
Fees	There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x).	There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x).	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no cost to the child. Tenn. Code Ann. § 37-1-153(f).	There is no statutory language regarding fees.	There is no cost to the child. Tenn. Code Ann. § 37-1-153(f).	There is no statutory language regarding fees.	There is no cost. Tenn. Code Ann. § 37-1-153(f).	No statutory language.	There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x).	There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x).	There is no statutory language regarding fees.	There is no statutory language regarding fees.	Various fees may apply. Tex. Gov't Code § 411.0745.	There is no statutory language on fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There are no fees. Tex. Fam. Code Ann. § 58.256(a).
Effect	The person is restored to pre-arrest status and need not disclose the arrest, charge, or conviction in response to any inquiry. Legally, the conviction never occurred, and no collateral consequences may be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12).	Expungement restores the person, in the contemplation of the law, to the same status occupied before the arrest, indictment, information, trial, and conviction for the expunged offenses. Tenn. Code Ann. § 40-32-105(h)(i).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).	The Tennessee Bureau of Identification is notified to enter the order into its expunged criminal offender and pretrial diversion database. Tenn. Code Ann. § 40-15-105(e).	The person is restored to pre-arrest status and need not disclose the arrest, charge, or conviction, unless the person becomes a plaintiff in a civil action based on the same occurrence as the criminal record. Tenn. Code Ann. § 40-35-313(b).	All records of arrest, indictment, and conviction are expunged, and all rights of citizenship are restored. Tenn. Code Ann. § 40-27-109.	Public records are removed from the electronic databases of the National Crime Information Center, similar state databases, and public databases maintained by court clerks. Tenn. Code Ann. § 40-32-101(j).	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	On entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261.	On entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though they had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on the effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261.	Upon entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on effect of sealing, see Tex. Fam. Code Ann. §§ 58.253, 58.261.	Upon entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on the effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261.
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Delete	Shield	Vacate	Seal	Seal	Seal

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.