Overview Description

Records relating to a case dismissed after successful completion of a suspended prosecution are expunged by the court. Tenn. Code Ann. § 40-15-105(e). (Cannot link directly to statutes.)

Ineligible Category or Citation

See subsection (a)(1)(B)(III) for offenses ineligible for suspended prosecution. Tenn. Code Ann. § 40-15-105. Charges relating to class B or C misdemeanors dismissed on or after July 1, 1999, are not sent to the Tennessee bureau of investigation for inclusion in the expunged criminal offender and pretrial diversion database. Tenn. Code Ann. § 40-15-1

Procedure General

The procedure is automatic. Ninety days after successful completion of the suspended prosecution period, the trial court dismisses the charge with prejudice. Thereafter the court sends a copy of the order of dismissal to the Tennessee Bureau of Investigation for entry into its expunged database. Tenn. Code Ann. § 40-15-105(e).

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 Tennessee Bureau of Identification is notified to enter the order into its expunged criminal offender and pretrial diversion database. Tenn. Code Ann. § 40-15-105(e).

Waiting Periods

There is no statutory language regarding a waiting period.

(non-prod server)