Can a DUI be expunged in Tennessee?
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Tennessee's own, each quoted from the statute or the agency that holds the record.
Whether a DUI can be cleared at all
| What the relief is called | expunction |
|---|---|
| A DUI conviction | Only if the charge was dismissed or diverted |
| Waiting period | 5 years from completion of the sentence |
| How it is obtained | By petition only |
Tennessee's expunction statute lets an eligible petitioner clear a single misdemeanor or eligible Class E felony conviction, but it lists the misdemeanors excluded from consideration and that list includes driving under the influence of an intoxicant under Tenn. Code Ann. § 55-10-401. Where a charge was dismissed, a grand jury returned a no true bill, the person was arrested and released without being charged, a trial ended in a not guilty verdict, or the case ended in a nolle prosequi, the Administrative Office of the Courts states expunction is available and free.
“(xlv) Section 55-10-401--Driving under the influence of an intoxicant;”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not addressed on the official pages read. No Department of Safety and Homeland Security page states what happens to the driving record after a criminal record is expunged. The question does not arise for a driving under the influence conviction, which the expunction statute lists among the misdemeanors excluded from consideration, so the conviction remains on both the criminal record and the record the department keeps. For the convictions the statute does reach, the statute says an order of expunction restores the petitioner to the same status occupied before the arrest and conviction, and that no direct or indirect collateral consequences attendant to the conviction shall be imposed or continued, without naming the driving record.
“such an expunction has the legal effect of restoring the petitioner, in the contemplation of the law, to the same status occupied before the arrest, indictment, information, trial and conviction”
What else sits on that record: suspensions and points in Tennessee.
How long the wait is, and from when
For the conviction categories the statute does reach, at least five years must have elapsed since the completion of the sentence imposed for the offence, the petitioner must never have been convicted of any other criminal offence, including federal and out-of-state offences, and must have fulfilled all the requirements of the sentence, including payment of all fines, restitution, court costs and other assessments, completion of any term of imprisonment or probation, and all conditions of supervised or unsupervised release. Moving and non-moving traffic offences are not counted as criminal offences for the no-other-conviction test. No waiting period applies to a driving under the influence conviction, because that offence is on the excluded list.
“At the time of the filing of the petition for expunction at least five (5) years have elapsed since the completion of the sentence imposed for the offense”
Automatic or by petition
Tennessee clears records on petition. A person seeking expunction petitions the court in which the conviction was entered, the clerk serves the petition on the district attorney general for that judicial district, and the district attorney has sixty days to submit recommendations to the court and give a copy to the petitioner. Both sides may file evidence relating to the petition. Tennessee has no Clean Slate style automatic sealing for adult convictions in this section.
“A person seeking expunction shall petition the court in which the petitioner was convicted of the offense sought to be expunged is filed. Upon filing of the petition, the clerk shall serve the petition on the district attorney general for that judicial district.”
Where it is filed, and what it costs
| Filed with | the court in which the case originated for a dismissal or other non-conviction disposition, and the court in which the petitioner was convicted for a conviction |
|---|
The Administrative Office of the Courts states that a person who qualifies files in the court where the case originated, which may be a general sessions court or a trial court, that the case docket number is required, that separate forms may be needed for multiple charges, that no court appearance is needed, and that bringing a self-addressed stamped envelope for each charge lets the clerk mail the completed paperwork. It also states that a charge marked dismissed with costs requires the court costs to be dealt with first, and that a charge marked retired must be changed to a dismissed charge before it can be expunged. For a conviction, the clerk serves the petition on the district attorney general, who has sixty days to submit recommendations.
“If you qualify for an expungement for any of the reasons listed above, you will need to file for expungement in the court in which the matter originated. This may be general sessions court or a trial court.”
The statute: Tenn. Code Ann. § 40-32-101
“Except as provided in this subdivision (g)(1)(B), a person who was convicted of a misdemeanor offense committed on or after November 1, 1989. Misdemeanors excluded from consideration are:”
Questions about clearing a DUI in Tennessee
- Can a Tennessee DUI conviction be expunged?
- No. Tenn. Code Ann. § 40-32-101 sets out who is an eligible petitioner for expunction of a conviction and lists the misdemeanors excluded from consideration. Driving under the influence of an intoxicant under Tenn. Code Ann. § 55-10-401 appears on that excluded list, so a conviction for it is outside the relief the section provides.
- What if the DUI charge did not end in a conviction?
- The Administrative Office of the Courts states that a person may be eligible for free expungement in Tennessee if charges were dismissed, a grand jury returned a no true bill, the person was arrested and released without being charged, a trial resulted in a not guilty verdict, or the case resulted in a nolle prosequi. The filing is made in the court where the matter originated.
- What waiting period applies to convictions that can be expunged?
- Tenn. Code Ann. § 40-32-101 requires that at least five years have elapsed since completion of the sentence, that the petitioner has never been convicted of any other criminal offence including federal and out-of-state offences, and that all fines, restitution, court costs, assessments, imprisonment or probation and release conditions have been satisfied. Moving and non-moving traffic offences do not count as criminal offences for that test.