How Much Does It Cost to Expunge a Criminal Record in Tennessee?
In Tennessee, expunging a dismissed case is completely free of court costs. Expunging an eligible conviction is subject only to a local court clerk fee capped at $100 under state law, with no state or TBI processing fees.
A criminal record can cost you thousands of dollars in lost job opportunities and denied housing applications. Erasing that record is an investment in your future, but many Tennessee residents avoid the process because they assume the government fees are unaffordable. The truth is, recent legislative changes have made clearing your record much cheaper. Whether you are filing at the Montgomery County Circuit Court, Clarksville or the Madison County Circuit Court, Jackson, understanding the exact financial breakdown is essential. We recommend contacting a local expungement attorney from our directory to help navigate the costs and ensure your paperwork is filed correctly.
Free Expungements vs. Fee-Based Expungements
The total cost to expunge your record in Tennessee depends entirely on how your criminal case ended. The law draws a strict line between cases where you were not found guilty and cases where you were convicted.
Zero Fees for Dismissals and Acquittals
Under Tenn. Code Ann. § 40-32-106, if your charges were dropped, dismissed, retired, or you were found 'not guilty' at trial, the state does not charge you to clear your record. The court clerk filing fee is $0, and the background check removal fee is $0. You are only responsible for your attorney's fees if you choose to hire one.
Court Filing Fees for Convictions
If you were convicted of an eligible misdemeanor or a Class E felony and you meet the statutory waiting period (usually 5 years), you must pay to clear the record. Under Tenn. Code Ann. § 8-21-401(b)(1)(D)(x), the court clerk filing fee for an expungement is capped at a maximum of $100, and some counties charge less or waive it entirely. For example, filing for an expungement at the Davidson County Criminal Court, Nashville cannot exceed this statutory $100 limit.
TBI Processing Fees
Many petitioners mistakenly assume there is an additional charge paid directly to the state or the Tennessee Bureau of Investigation (TBI) to remove their records. However, Tennessee eliminated the state fee, and the TBI does not charge a fee to process a signed court order of expunction. The clerk of court transmits the certified expungement order directly to the TBI at no additional cost once the local court filing fee is resolved.
Attorney Fees vs. DIY
While you can technically file for expungement on your own, making a mistake can result in your petition being permanently denied, and the court will not refund your filing fee. Hiring an attorney provides peace of mind. For a simple dismissal expungement, attorneys in Tennessee generally charge between $400 and $800. For complex felony conviction expungements requiring a hearing with the District Attorney, legal fees usually range from $1,000 to $2,500.
Fee Waivers for Indigent Individuals
If you need to expunge a conviction but cannot afford the court fees, Tennessee law provides a safety net. You can fill out the Form Uniform Affidavit of Indigency, Tennessee, Administrative Office of the Courts, Uniform Affidavit of Indigency. If you can prove to the judge that your income falls below the federal poverty line (such as receiving food stamps or disability benefits), the judge has the discretion to waive the court costs entirely, allowing you to proceed with the expungement for free.
Timelines
| Gathering Court Dispositions | 1 to 2 Weeks (Costs approx. $5 to $15 for certified copies) |
| Judge Review and Signature | 2 to 4 Weeks |
| TBI Database Removal | 30 to 90 Days after Judge signs order |
Frequently Asked Questions (FAQ)
Do I get my filing fee back if the judge denies my expungement?
No. Court filing fees are non-refundable. This is why it is critical to have an attorney verify your eligibility before you submit your payment to the clerk.
Does paying the fee automatically clear my record?
No. Paying the fee only starts the legal process. The District Attorney can still object to a conviction expungement, and the judge holds the final authority to grant or deny the petition.
Can I expunge a DUI in Tennessee if I pay a higher fee?
No amount of money can expunge a DUI conviction in Tennessee. Under state law, DUI convictions are permanent and strictly ineligible for expunction, regardless of how much time has passed.
Are there any hidden costs?
The only additional costs you might face are small fees for printing certified copies of your original arrest records or paying off old probation fees you forgot about before you are deemed eligible to file.
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