Overview Description

Public records relating to an arrest and prosecution can be destroyed upon release without charge, nolle prosequi, no true bill, or dismissal. Tenn. Code Ann. § 40-32-101(a)(1)(A). (Cannot link directly to statutes.)

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court with jurisdiction over the arrest or charge. For the specific procedure, see Tenn. Code Ann. § 40-32-101.

Fees

There are no fees. Tenn. Code Ann. § 40-32-101(e).

Effect

Public records are removed and destroyed. This does not include confidential records maintained by law enforcement agencies and district attorneys for law enforcement purposes. Tenn. Code Ann. § 40-32-101(a)(1)(A), (b)(1).

Waiting Periods

There is no statutory language regarding a waiting period.

(non-prod server)