Successful completion of diversion or deferral program
Previous Conviction Disqualifying
Mandatory / Discretionary
No statutory language
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).
(Cannot link directly to statutes.)
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
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).
The motion can be filed one year after the person successfully completed the judicial diversion program.