Expunging Class E Felonies in Tennessee: Eligibility and Waiting Periods

Living with a felony conviction is an incredibly heavy burden. It impacts your ability to find stable employment, secure housing, and live a normal life. Recognizing that people deserve a second chance, Tennessee lawmakers created a pathway to erase certain low-level, non-violent felony convictions from public view. If you have an old Class E felony conviction on your record from a court like the Hamilton County Criminal Court, Chattanooga, you may be eligible for a clean slate. Because the eligibility rules are strict, finding a qualified criminal record clearing attorney in our directory is the best way to ensure your petition is accepted.

List of Eligible Class E Felonies

Not all felonies can be erased. Tennessee law strictly limits expungement to a specific, enumerated list of non-violent crimes found in Tenn. Code Ann. § 40-32-107. Generally, violent crimes, sex offenses, and DUI offenses are permanently disqualified. Some of the most common eligible Class E Felonies include:

• Theft of property valued between $1,000 and $2,500.
• Forgery (under certain dollar amounts).
• Fraudulent use of a credit card.
• Possession or delivery of Schedule V controlled substances with intent to sell (Tenn. Code Ann. § 39-17-417(f)) or Schedule VI marijuana between 1/2 ounce and 10 pounds (Tenn. Code Ann. § 39-17-417(g)(1)).
• Vandalism (under certain property values).

If your specific crime is not explicitly listed in the statute, the judge has no authority to grant the expunction.

Calculating the 5-Year Waiting Period

Timing is everything in Tennessee conviction expungements. You cannot simply wait five years from the date of your arrest or the date you were found guilty. The 5-year clock begins ticking only after you have completely finished every single requirement of your sentence. If you were sentenced in the Rutherford County Circuit Court, Murfreesboro to two years of probation, your 5-year waiting period begins on the exact day your probation successfully ends. If you file at four years and eleven months, the clerk will reject your petition and you will lose your filing fee.

Paying Off Restitution and Fines

One of the most common reasons expungement petitions are denied is outstanding court debt. Before you can even apply, you must have paid all court costs, fines, and victim restitution in full. If your sentence ended in 2020 but you did not finish paying off your court fines until 2023, some local jurisdictions may argue your true 'completion' date was 2023, delaying your eligibility. Your attorney will pull your financial ledger from the court clerk to ensure a zero balance before submitting Form Petition for Expunction of Records of Conviction, Tennessee, Administrative Office of the Courts, Petition for Expunction of Records of Conviction.

The Filing Process in Tennessee

Expunging a conviction is much more complex than expunging a dismissed case. You are limited to wiping away only one conviction (or multiple convictions if they arose from a single criminal event). The District Attorney's office has the right to object to your petition. If they object, the judge will schedule a hearing. At this hearing, your attorney must demonstrate that you have been a law-abiding citizen and that granting the expungement is in the best interest of justice.

Costs & Timelines

Frequently Asked Questions (FAQ)