Tennessee Criminal Expungement After HB 322: Who's Newly Eligible in 2026

T.C.A. § 40-32-101 governs Tennessee expungement for dismissed charges, diversion matters, and specified convictions. Tennessee’s conviction-expungement system historically covered listed nonviolent misdemeanors and a limited group of lower-level felonies rather than every misdemeanor or a simple misdemeanor-only rule. Eligibility depends on the exact offense, disposition, conviction date, criminal history, and statutory version.

Any claim that HB 322 made all Class D and Class E felonies eligible after five years should be checked against the enacted session law and current eligibility list. Tennessee legislation often identifies specific offenses rather than opening eligibility by felony class alone. Victim-related restrictions, offense elements, multiple convictions arising from one episode, restitution, and completion of the sentence can change the result.

An eligible person generally files a petition in the court where the case was resolved. The applicant must identify the case accurately, show completion of all sentence requirements, satisfy the waiting period, and address court costs, restitution, and statutory fees or waivers. Prosecutors and victims may receive notice, and the court may consider statutory factors before entering an order.

Serious violent offenses, sex offenses, DUI, and many offenses involving vulnerable victims or public trust remain categorically ineligible for conviction expungement. A dismissal may follow different rules from a conviction, and some records may qualify for sealing, diversion treatment, or another remedy even when conviction expungement is unavailable. Counsel should obtain a certified disposition before advising the client.

After a valid expungement order is processed, covered public records are removed from ordinary access and the person receives statutory protections concerning disclosure. Implementation may take time across courts, law-enforcement repositories, and commercial background vendors. Federal records, news reports, private databases, and records outside the order’s scope may persist, so applicants should retain certified copies and dispute stale consumer reports.

Expungement can materially improve employment, housing, education, and licensing prospects, but it does not guarantee a license or erase every collateral consequence. Applications should be answered according to their wording and any statutory right to deny the expunged matter. Because the requested HB 322 description may not match enacted Tennessee law, the petitioner should verify the current statute and offense-specific list before filing or relying on a five-year deadline.