Overview Description

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). (Cannot link directly to statutes.)

Ineligible Category or Citation

The person will be ineligible if the person has: (a) been convicted of a criminal offense as an adult; (b) been convicted of a criminal offense following transfer from juvenile court; (c) been convicted of a sexual offense as defined in section 40-39-202, whether in juvenile court, following transfer from juvenile court or as an adult; or, (d) an adjudication of delinquency for a violent juvenile sexual offense as defined in section 40-39-202. Tenn. Code Ann. § 37-1-153(f)(1)(A).

Procedure General

A motion must be filed with the juvenile court to request the expungement of all court files and records. Tenn. Code Ann. § 37-1-153(f).

Fees

There is no statutory language regarding fees.

Effect

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).

Waiting Periods

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.

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