Compare Records Clearance Policies | National Reentry Resource Center

1

Select group*

*Required fields

2

Select filters

3

Select states and territories to compare
From those matching filter criteria

4

Review policy summaries across selected States

2710 resultsUse filters above to refine your results.

	South Dakota	South Dakota	South Dakota	South Dakota	South Dakota	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee	Tennessee
Clearance policy overview	Records relating to an arrest and court proceedings for an incident that is no longer a crime in South Dakota can be destroyed by the Bureau of Criminal Statistics at any time. S.D. Codified Laws § 23-6-8.1.	Records relating to a conviction which has been pardoned can be sealed. S.D. Codified Laws §§ 24-14-1; 24-14-11.	A delinquency adjudication that resulted from being a victim of human trafficking can be vacated, and the related court records can be expunged.S.D. Codified Laws § 26-7A-115.1.	Upon dismissal for the successful completion of pre-judgment probation for a person with no prior convictions, records of arrest and court proceedings are sealed. S.D. Codified Laws §§§ 23A-27-17; 23A-27-12.2; 23A-27-13.	Records relating to an arrest can be expunged at any time after an acquittal. S.D. Codified Laws § 23A-3-27.	Public records relating to an arrest and prosecution can be destroyed upon release without charge, nolle prosequi, no true bill, or dismissal. Tenn. Code Ann. § 40-32-101(a)(1)(A).	Public records relating to a case in which the person was found not guilty on all counts can be removed and destroyed immediately. Tenn. Code Ann. § 40-32-101(a)(1)(F).	Records relating to certain misdemeanor and class E felony convictions can be expunged five years after sentence completion, so long as the person has no more than two convictions. Tenn. Code Ann. § 40-32-101(g), (k).	Records relating to certain class D and C felony convictions can be expunged 10 years after sentence completion, so long as the person has no more than two convictions, only one of which may be a felony conviction. Multiple offenses that occurred at the same time and as part of the same course of conduct are considered a single conviction for purposes of this section. Tenn. Code Ann. § 40-32-101(g)(1)(D)-(F), (k).	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).
Ineligible Category or Citation	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There are no ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There are no ineligible offenses.	See subsection (g)(1) for eligible and ineligible offenses. Tenn. Code Ann. § 40-32-101. Additionally, a petitioner is ineligible under this section if the petitioner was convicted of a controlled substance offense involving a motor vehicle under Tenn. Code Ann. §55-50-102.	See subsection (g)(1) for eligible and ineligible offenses. Tenn. Code Ann. § 40-32-101.	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).
Clearance Process	Automatic	Automatic	Petition-based	Automatic	Petition-based	Petition-based	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based
Waiting Periods	The record can be destroyed at any time after the offense is decriminalized.	The order sealing the record is entered upon the granting of the pardon.	The petition may be filed once the person reaches 18 years of age.	The record is sealed upon the successful completion of probation.	The petition can be filed at any time after acquittal.	There is no statutory language regarding a waiting period.	There is no waiting period.	The petition can be filed five years after sentence completion.	The petition can be filed 10 years after the sentence is completed.	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.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language on fees.	There is no statutory language regarding fees.	Petitioner must pay a fee equal to the filing fee for a civil action. S.D. Codified Laws § 23A-3-28.	There are no fees. Tenn. Code Ann. § 40-32-101(e).	There are no fees. Tenn. Code Ann. § 40-32-101(e).	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 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.
Effect	Records under the control of the Bureau of Criminal Statistics are destroyed. S.D. Codified Laws § 23-6-8.1.	The person is restored to pre-arrest status and need not disclose the arrest in response to any inquiry. The document certifying that the governor has pardoned a person remains public for five years. The nonpublic record is retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing for any subsequent offense. S.D. Codified Laws § 24-14-11.	The court record is expunged and the underlying delinquency proceeding is vacated. S.D. Codified Laws § 26-7A-115.1.	The nonpublic records are retained by the Division of Criminal Investigation. The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-27-17.	The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-3-32. Expungement is the sealing of records and does not imply physical destruction. S.D. Codified Laws § 23A-3-26.	Public records are removed and destroyed. This does not include confidential records maintained by law enforcement agencies and district attorneys for law enforcement purposes. Tenn. Code Ann. § 40-32-101(a)(1)(A), (b)(1).	Public records are removed and destroyed. Tenn. Code Ann. § 40-32-101(a)(1)(F).	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 can be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12).	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 can be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12).	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).
Remedy	Delete	Seal	Vacate	Seal	Expunge	Delete	Delete	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge

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.