Overview Description

Records relating to a non-violent offense can be expunged after a pardon by the governor. Tenn. Code Ann. § 40-32-101(h). (Cannot link directly to statutes.)

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).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see Tenn. Code Ann. § 40-32-101.

Fees

There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(d)(2).

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)(15).

Waiting Periods

There is no statutory language regarding a waiting period.

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