How to Expunge Dismissed Charges and Nolle Prosequi Cases in Tennessee
Under Tennessee law, if your criminal charges were dismissed, retired, or dropped (nolle prosequi), you can have the arrest record expunged immediately. There is no waiting period, and the court filing fee is generally zero dollars.
Many people mistakenly believe that if their criminal case is thrown out, the arrest record automatically disappears. In Tennessee, this is not true. Even if you were completely cleared, the arrest, booking photo, and initial charges remain visible on background checks for housing and employment. To wipe the slate clean, you must proactively file for an expunction under Tenn. Code Ann. § 40-32-106. Because navigating court clerks can be frustrating, hiring a local criminal defense attorney from our US Lawyers directory can help you finalize this process smoothly and properly.
Understanding Case Outcomes in Tennessee
Not all non-convictions are the same on paper, though they all generally qualify for a free expungement if the conditions are met. Courts like the Shelby County Criminal Court, Memphis and the Davidson County Criminal Court, Nashville handle thousands of these petitions every year.
Nolle Prosequi vs. Dismissed
A Nolle Prosequi (often called a 'nolle prosequi' or 'nol pros') is a formal decision by the District Attorney to drop the charges. This usually happens when witnesses fail to appear or evidence is weak. A Dismissal, on the other hand, is when a judge formally throws the case out of court. Both outcomes mean you were not convicted, and you can file for expungement immediately.
Retired Cases Explained
Sometimes, a judge or prosecutor agrees to 'retire' a case. This means the case is paused or put on hold for a specific period (often 6 to 11 months). As long as you stay out of trouble during this waiting period, the charges are dismissed at the end of the term. Once the retirement period officially expires, the case is eligible to be wiped from your record.
Acquittals and Not Guilty Verdicts
If you took your case to trial at the Knox County Criminal Court, Knoxville and a jury found you 'Not Guilty,' this is an acquittal. Just like a dismissal, you have an absolute right to expunge the arrest and trial records. As affirmed in related precedents like State v. Adler, 92 S.W.3d 397 (TN Supreme Court 2002), an acquittal clears the legal liability, but you must still execute the paperwork to clear the public database.
Steps to File the Petition
To begin the process, you or your attorney must obtain a certified copy of the final disposition (the document proving the case was dismissed) from the court clerk. Next, you will fill out the Form Order of Expunction, Tennessee, Administrative Office of the Courts, Order of Expunction. This form must be signed by the judge and the District Attorney. Once signed, the clerk forwards the order to the Tennessee Bureau of Investigation (TBI) and local arresting agencies to physically destroy or seal the records.
How Much Does it Cost in Tennessee?
For charges that result in a dismissal, nolle prosequi, or acquittal, the state of Tennessee eliminated expungement filing fees. The court costs are $0. However, hiring an attorney to handle the paperwork, file the motions, and follow up with the TBI typically costs between $500 and $1,500 depending on the county and complexity.
How Long Does the Process Take?
Because there is no statutory waiting period for a dismissed case, you can file the paperwork the exact same day the judge dismisses your charges. Once filed, it takes the court clerk and the TBI roughly 30 to 90 days to fully process the order and remove your name from public background check databases.
Frequently Asked Questions (FAQ)
Will a dismissed charge show up on a background check?
Yes, until it is officially expunged. Employers can see the initial arrest and the charge, which can cause confusion or unfair bias even if the final result says 'dismissed.'
What happens if only one charge was dismissed but I was convicted of another?
This is called a partial expungement. Under Tennessee law, you can expunge the dismissed charge from your record, leaving only the conviction visible. You use a specific 'partial expunction' form for this.
Does expunging a dismissed case restore my gun rights?
A dismissed charge does not generally strip you of your firearm rights unless there was an active order of protection involved. Expunging the record simply removes the public history of the arrest.
Can the police still see my expunged record?
For standard dismissed cases, the record is physically destroyed or entirely restricted. Most local police and civilian employers cannot see it, though certain high-level federal agencies may retain access.
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