How Can You Get a Tennessee Misdemeanor Record Sealed or Expunged?

A past misdemeanor conviction can create significant barriers long after you have served your time, impacting your ability to secure employment, find housing, or obtain a professional license. Many people in Tennessee believe that a minor offense will simply fade away, but the reality is that it remains on your public record indefinitely unless you take proactive legal steps. The process for clearing a record can seem overwhelming, especially with recent changes to state law that are not always reflected in online resources. For many, this complexity leads to inaction, allowing a single mistake to continue affecting their future. At OEB Law, our team understands that a past conviction should not define your future. Tennessee law provides a clear pathway for eligible individuals to have their misdemeanor records expunged, effectively erasing them from public view and allowing for a true fresh start. Recent legislative updates have made this process accessible to more people than ever before. In this blog post, Knoxville attorney Tim Elrod discusses the updated eligibility requirements and the step-by-step process for getting a Tennessee misdemeanor record sealed or expunged.

Key Takeaways

• Tennessee reduced the misdemeanor expungement waiting period to 3 years under SB 0956, effective July 1, 2025, down from the previous 5-year requirement.
• Not all misdemeanors qualify, as DUI, domestic assault, stalking, and violations of orders of protection are among the offenses ineligible for expungement in Tennessee.
• Knox County residents file through General Sessions Court at 400 Main Street, with District Attorney screening available on Thursdays from 3:00–4:15 PM.
• A $100 filing fee applies to conviction expungements, while dismissed charges are expunged for free, and fee waivers may be available for qualifying low-income filers.

To have a Tennessee misdemeanor record expunged, you must petition the court where the conviction occurred, confirm your eligibility under current law, and pay any applicable fees. As of July 1, 2025, the waiting period for most eligible misdemeanor convictions is now three years. If your charges were dismissed or you were acquitted, you can petition for expungement immediately with no waiting period and no filing fee.

To Discuss Your Case, Call or Text Our Team Standing By 24/7: (865) 546-1111

About OEB Law, Your Knoxville Legal Team

This guide is provided by the experienced attorneys at OEB Law, led by Managing Attorney Timothy G. Elrod. Founded in Knoxville in 2004, our firm has over 50 years of combined experience navigating East Tennessee’s legal system.

We have successfully represented thousands of personal injury clients, developing deep expertise in Tennessee’s complex wrongful death and accident laws. As East Tennessee natives, we have a direct understanding of the local court systems, law enforcement agencies, and community needs. Our commitment is to provide trusted, authoritative information to our neighbors in Knoxville and the surrounding Tennessee communities. However, this information does not constitute legal advice. If you or a loved one has been injured in an accident or needs legal help, call us today for a free, no obligation, initial consultation.

Who Qualifies for Misdemeanor Expungement in Tennessee?

Misdemeanor expungement is the legal process of having a criminal record permanently destroyed, making it inaccessible to the public, including potential employers and landlords. While some states “seal” records, which only restricts access, Tennessee law focuses on true expungement for most eligible offenses. This means the record is treated as if it never existed. Eligibility depends on the outcome of your case, the nature of the offense, and how much time has passed.

A significant recent change in Tennessee law has opened the door for many more people to clear their records. Under Tennessee Senate Bill 0956, which took effect on July 1, 2025, the waiting period for expunging an eligible misdemeanor conviction was reduced from five years to just three years. This means if you were previously told you had to wait longer, you may now be eligible to file.

However, not every misdemeanor can be expunged. According to Tennessee Code Annotated § 40-32-101, certain offenses are specifically excluded from expungement. These often include crimes that involve public safety risks or vulnerable victims.

You may be eligible for expungement under the following conditions:

• Your case resulted in a non-conviction. If your charges were dismissed, you were acquitted at trial, or a grand jury returned a “no true bill,” you can have the record expunged with no waiting period and no filing fee.
• You were convicted of an eligible misdemeanor. This generally includes most Class A and B misdemeanors, provided it is your only conviction on record.
• You have completed all sentencing requirements. This includes finishing probation, paying all fines and court costs, and completing any required classes or community service.
• The required waiting period has passed. For eligible convictions, this is now three years from the date you completed your sentence.

Can a DUI Be Expunged in Tennessee?

One of the most common questions is about Driving Under the Influence (DUI). Unfortunately, a DUI conviction cannot be expunged in Tennessee. This is a matter of state law and applies regardless of how much time has passed. Other ineligible misdemeanors include domestic assault, stalking, violation of an order of protection, and sexual battery. An attorney can help you explore other options if you have an ineligible conviction, such as applying for a Certificate of Employability.

The Step-by-Step Process to File for Expungement in Knox County

Navigating the court system can be intimidating, but the process for expungement in Knox County follows a structured path. Following these steps carefully is crucial to avoid delays or a denial of your petition. Having an experienced local attorney guide you can prevent common procedural mistakes.

1. Obtain Your Criminal Record: The first step is to get a complete copy of your criminal record to verify the charges, dates, and dispositions. In Knoxville, you can request these records from the Knox County General Sessions Court or the Knox County Criminal Court, both located at 400 Main St.
2. Confirm Eligibility: Review your record to ensure your offense is eligible, the three-year waiting period for a conviction has passed, and you have no other convictions.
3. Attend Knox County DA Screening: The Knox County District Attorney's office reviews expungement petitions to ensure they meet legal requirements. This screening is held on Thursdays from 3:00 PM to 4:15 PM in the Fourth Sessions Courtroom at 400 Main St. You can also contact the DA’s expungement team at [email protected] or (865) 215-2375.
4. File the Petition for Expungement: Once cleared by the DA, you will file your official petition with the court. A $100 filing fee is required for conviction expungements. There is no fee for non-conviction cases (dismissals, etc.).
5. Get the Judge's Order: A judge will review and sign the final Order of Expungement.
6. TBI Notification: The court clerk sends the signed order to the Tennessee Bureau of Investigation (TBI), which then removes the record from all public state-level databases.
7. Follow Up with Private Background Check Companies: After the TBI confirms removal, it is wise to contact private background check companies like Checkr, HireRight, and Sterling. These databases do not always update automatically, and sending them a copy of your court order can speed up the process.

"The expungement process looks straightforward on paper, but simple procedural mistakes—like filing in the wrong court, missing required documents, or having unpaid court costs—can delay or derail the entire petition. This is where having an attorney with local knowledge of the Knox County courts and procedures becomes invaluable." - Knoxville attorney Tim Elrod

How Long Does Knox County Expungement Take—And What Does It Cost?

Two of the most practical concerns for anyone seeking an expungement are the total timeline and the associated costs. Understanding these factors can help you plan for your future and decide whether to handle the process yourself or hire professional legal help. The investment of time and money can pay off significantly by opening doors to better opportunities.

What is the Timeline for Expungement?

The total time from filing your petition to having a completely clear background check can vary. While each case is different, a general timeline in Knox County looks like this:

• Court Processing: After you file the petition, it typically takes the Knox County court system several weeks to process the paperwork and obtain a judge's signature, depending on their caseload.
• TBI Database Removal: Once the TBI receives the signed court order, it can take several more weeks for them to remove the record from their systems.
• Private Database Updates: This is the most variable part. Private background check companies may take anywhere from a few weeks to several months to update their records.

A realistic total timeline is often between two and four months for the entire process to be complete. Working with one of the experienced Knoxville criminal defense attorneys from our legal team can help ensure there are no unnecessary delays caused by filing errors.

What Does Misdemeanor Expungement Cost in Knoxville, TN?

The costs associated with expungement can be broken down into a few key areas:

• State Filing Fee: Tennessee charges a $100 filing fee for all conviction-based expungements. If your case was dismissed or you were acquitted, there is no state fee.
• Fee Waiver: If you cannot afford the $100 fee, you may qualify for a fee waiver. The UT College of Law’s Expungement Hotline at (865) 974-6775 can provide assistance and guidance on this process.
• Attorney Fees: While you can file for expungement on your own, hiring an attorney ensures the process is done correctly and efficiently. Attorney fees vary by the complexity of the case. OEB Law offers free initial consultations to discuss your situation and provide a clear understanding of the potential costs.

"Clearing a misdemeanor record is not just a legal formality. For many Knoxville residents, it means finally being able to apply for a better job, get approved for an apartment, or simply move forward with their lives without the past holding them back." - Knoxville attorney Tim Elrod

Why Choose OEB Law for Tennessee Misdemeanor Expungement

Choosing the right legal partner to handle your expungement is critical. At OEB Law, we bring a deep understanding of both Tennessee's expungement statutes and the specific procedures of the Knox County court system. Our attorneys know the local personnel, from the court clerks to the District Attorney’s office, which allows us to navigate the process efficiently and avoid common pitfalls that can delay or derail a petition.

With over 50 years of combined experience, our team has helped countless East Tennessee residents clear their records and move forward with their lives. We provide personalized attention, ensuring you understand your eligibility and the status of your case at every step. We are not just attorneys; we are members of the Knoxville community dedicated to helping our neighbors achieve the fresh start they deserve. Our firm is led by Timothy G. Elrod, an attorney recognized for his commitment to his clients and community.

Who is OEB Law and Why Are They Good for the Community?

Led by Managing Attorney Timothy G. Elrod and Our Experienced Legal Team

Founded in 2004 in Knoxville, Tennessee, OEB Law has grown over nearly two decades to now serve clients across multiple states. Tim Elrod established the firm with a simple but powerful mission: we care and we help people. Today, together with attorneys Michael Bernard, Billy Sivyer, Gena Lewis, and Logan Wade, our team brings over 50 years of combined experience representing clients throughout Tennessee and Kentucky in personal injury and criminal defense cases.

Our Legal Expertise

Our attorneys have built their reputation through:

• Successfully representing thousands of personal injury and criminal defense clients
• Developing specialized knowledge across all types of accident and injury cases
• Mastering the complexities of Tennessee's legal system through decades of practice

Why Trust Us

At OEB Law, our reputation speaks for itself:

• Proven Results: We've recovered significant compensation for our clients through both settlements and courtroom verdicts
• Client Satisfaction: Our numerous 5 Star Google Reviews showcase our commitment to responsive, caring, and effective legal representation
• No Fee Unless We Win: You don't pay attorney fees unless we successfully secure compensation in your case
• Local Knowledge: As East Tennessee natives, we understand our community and care deeply about the people we serve
• Personalized Approach: We personalize each case to meet our clients' specific needs, ensuring you're never just another file number

Community Commitment

Our dedication extends beyond the courtroom. We proudly support:

• Local high school football programs through Rivalry Thursday sponsorships
• The Knoxville Ice Bears and community fundraising initiatives
• Numerous youth, student, and community organizations throughout East Tennessee

"We don't just take—we give back because the people you're giving back to are the people who are supporting your firm." - Tim Elrod

Have a personal injury or criminal defense case? We're available 24/7 to help.

Get In Touch

• Call or Text: (865) 546-1111
• Visit: https://oeblawtn.com/
• Available: Standing by 24/7

Why OEB Law? Because They're Good For The Community.

TEXT or CALL (865) 546-1111 for HELP NOW. Standing By 24/7.

Follow Us on Social Media

Stay connected with OEB Law for the latest Knoxville and East Tennessee legal insights, community updates, and important legal information. Follow us on X, YouTube, Facebook, Instagram, LinkedIn, and TikTok for exclusive content, client stories, and expert legal guidance from our team.