Expunction of Person’s Public Records Involving Offenses
Related to Status as Victim of Human Trafficking
On July 1, 2019, a new law went into effect that allows people convicted of certain non-violent offenses in Tennessee to have that incident expunged from their records, pursuant to T.C.A. § 40-32-105. Each of the convictions to be expunged must have resulted from the petitioner’s status as a victim of human trafficking. The petitioner may provide evidence of this requirement by testimony or affidavit. The convictions to be expunged must also be eligible for expunction under § 40-32-101(g).
At the time of the filing of the expungement petition, at least one (1) year must have elapse following the completion of the sentence imposed for the petitioner’s most recent criminal offense. The petitioner must not have any pending criminal charges and must not have had public records previously expunged pursuant to T.C.A. § 40-32-105. All sentences, including imprisonment, probation, and supervised or unsupervised release must be completed.
How to File an Expungement Petition:
A person seeking expunction pursuant to T.C.A. § 40-32-105 must petition the court in which the person was most recently convicted of an offense. If your conviction is among the eligible offenses and you meet the additional requirements, you may file a petition to have your record expunged at the Davidson County Criminal Court Clerk’s office, on the 2nd floor of the Justice A.A. Birch courthouse, 408 2nd Avenue N, Nashville, TN 37201.
Criminal Court Clerk – Map & Office Directions
You may also download and print an Expungement Petition pursuant to T.C.A. § 40-32-105 from the Criminal Court Clerk’s website, complete it, and mail it to:
Criminal Court Clerk
408 2nd Avenue N
Room #2120
Nashville, TN 37201
An expungement granted pursuant to T.C.A. § 40-32-105 has the legal effect of restoring the
petitioner to the same status occupied before the arrest, indictment, information, trial, and
conviction. Expunction treats the convictions as if they never occurred, and the person shall not
suffer any collateral consequences, including the payment of fines and fees owed to the court.
For questions about expungements, please call the Davidson County District Attorney’s office at
(615) 862-5500 or the Davidson County Criminal Court Clerk’s office at 615-862-5601