Can a Misdemeanor Assault Charge Be Expunged?

Dealing with a misdemeanor assault in Tennessee can be a distressing experience, but understanding your legal options and rights is crucial. For those seeking to clear their record, expungement in Tennessee may be a viable path, depending on several factors.

Here, explore the nuances of misdemeanor assault charges in Tennessee, the possibility of expungement, and the importance of working with a proficient Nashville criminal defense lawyer.

Expungement of Misdemeanor Assault Charges

Misdemeanor assault in Tennessee typically involves the intentional or knowing infliction of bodily injury, causing reasonable fear of bodily injury, or physical contact that a reasonable person would find extremely offensive or provocative.

This offense is generally classified as a Class A misdemeanor, which is the most serious level of misdemeanor in Tennessee. However, if the conduct involves only offensive or provocative contact, it is considered a Class B misdemeanor. Recent changes in state law make Class A assault convictions committed after July 1, 2000 potentially eligible for expungement. In contrast, Class B assault convictions, despite being less severe, are not eligible under the current expungement statute. A conviction for assault may carry penalties such as jail time, fines, required participation in a batterer’s intervention program, and a criminal record that can affect employment, housing, and other areas of life.

Expungement laws in Tennessee have changed significantly. Certain misdemeanor assault charges can now be cleared from a person’s public record if they meet specific requirements. To qualify for expungement, the case must have been dismissed, ended in a not guilty verdict, or resulted in a nolle prosequi. In some situations, non-domestic assault convictions may also be eligible for expungement, depending on how the offense is classified under the updated law.

Each case is different, and eligibility will depend on the nature of the charge, the final outcome, and the person’s prior criminal history. Whether the charge involved a domestic violence designation is also a critical factor in determining eligibility.

In 2025, Tennessee recodified its expungement statutes. The provisions for clearing records after dismissals or acquittals are now found in Tennessee Code Annotated § 40-32-106, while expungement of certain convictions is addressed in § 40-32-107 and § 40-32-108. Domestic assault convictions remain ineligible for expungement. However, some other assault convictions may now be expunged under the revised law, provided all statutory conditions are met. A criminal defense attorney can review your case to determine whether you qualify and help you prepare and file the required petition.

Seeking a Nashville Criminal Defense Lawyer

Given the intricacies of domestic violence laws and the serious nature of assault charges in Tennessee, it’s strongly recommended to consult with a criminal defense lawyer experienced in these matters.  They can assess your case, advise you on the best course of action, and guide you through the expungement process if applicable.

Bryan, with extensive experience in domestic assault cases in Tennessee, understands the impact an assault charge can have on your life. He’s dedicated to providing robust legal defense and helping you navigate the legal system to seek the most favorable outcome possible.

If you or someone you know is facing a misdemeanor assault charge in Tennessee, contact us today for a free consultation.