Executive Summary: Dismissed or dropped charges still appear on your criminal record in Tennessee unless you file for expungement. Qualifying individuals can petition the court to have their record cleared. This legal step is important for employment, housing, and reputation, and it doesn’t happen automatically.
Being arrested, whether or not you’re found guilty, can follow you for years. Even if charges were dropped, dismissed, or never filed, the arrest may still show up on your criminal record. That record can hurt your chances of getting a job, renting a home, or passing a background check.
In Tennessee, you can clear your record, but only if you follow the right legal steps. It doesn’t happen automatically. Understanding how this process works is key to protecting your future and moving forward.
Why Does the Record Still Exist?
Even when charges are dismissed or dropped, the arrest remains public record. Police reports, booking photos, and court documents can still be found by employers, landlords, and others running background checks.
Tennessee law treats arrests and convictions separately. Dismissal means the court did not find you guilty, but it doesn’t erase the fact that the case was opened. That’s why expungement is necessary.
What Is Expungement?
Expungement is a legal process that removes records of an arrest or criminal charge from public view. If a judge grants your expungement, the court orders government agencies to destroy or seal the records.
Once your record is expunged, it will no longer appear on most background checks. You can legally claim that you were never arrested or charged, with a few exceptions.
According to the Tennessee State Government, more than 72,000 expungement petitions are filed in the state each year. Many of these involve dismissed or dropped charges.
Who Qualifies for Expungement in Tennessee?
You may be eligible for expungement if:
- Your case was dismissed,
- You were found not guilty, or
- The grand jury returned a “no true bill” (meaning no indictment was issued).
In some cases, you may also qualify after completing a diversion program. However, not all cases are eligible, especially if you have multiple charges or prior convictions.
Felony charges that were dismissed may also be eligible, but the rules are stricter. If your charge was part of a plea deal where other charges were dropped, you may need to meet additional conditions.
Tip: You can only expunge qualifying charges once in most situations. Make sure you use that opportunity wisely.
How to File for Expungement
The expungement process starts by filing a petition with the court where the charges were handled. You’ll need to provide:
- Your full name and identifying information,
- The case number,
- A copy of the court order dismissing the charges, and
- Payment of any required fees (currently $100 in many Tennessee counties).
Some courts may waive the fee for certain dismissed cases. It depends on the charge and outcome.
Once filed, the court will review your petition and decide whether to grant it. This can take a few weeks or longer, depending on the county.
What If the Court Denies Your Petition?
If your request is denied, the court should give you a reason. You may be able to fix the issue and refile, or you might have to wait or seek legal advice. Common reasons for denial include:
- The charge isn’t eligible,
- You didn’t wait long enough after the dismissal, or
- You have other disqualifying charges on your record.
Why Clearing Your Record Matters
Even if you’ve moved on from the legal issue, your record may still be hurting you. Many employers run background checks as part of the hiring process. In a competitive job market, one mark on your record can be the difference between getting hired or not.
Expungement provides an opportunity to move forward and leave the past behind. It doesn’t erase what happened, but it does give you a clean slate in the eyes of the public.
Being arrested doesn’t mean you have to carry that label for the rest of your life. If your charges were dropped or dismissed, Arnold, Willis & Conway can help you take the next step toward clearing your name. Contact us today to see if expungement is an option in your case.