Can Domestic Assault Be Expunged in Tennessee?

Domestic assault in Tennessee is a serious offense with lasting consequences. If you have been convicted of domestic assault, you may understandably want to explore having the conviction removed from your record by seeking a domestic violence lawyer in Nashville. This process is called “expungement.” Unfortunately, Tennessee’s laws regarding expungement are strict, particularly when it comes to domestic violence charges.

Non-Expungement of Domestic Assault Conviction

As of 2025, Tennessee’s expungement laws were recodified under Tennessee Code Annotated § 40-32-107, replacing the former § 40-32-101. Despite this revision, convictions for domestic assault remain ineligible for expungement. The updated law continues to exclude violent offenses from eligibility, and domestic assault is specifically listed among those that cannot be cleared. Even if you meet all other expungement criteria, including the passage of time and completion of sentencing, a domestic assault conviction will stay on your record permanently.

This restriction applies to all domestic assault charges, including:

• Domestic Assault: Knowingly or intentionally causing bodily injury to a household member
• Aggravated Domestic Assault: Circumstances that elevate the offense, such as using a weapon or inflicting serious bodily harm
  

Impact of a Non-Expungeable Conviction

A domestic assault conviction in Tennessee remaining on your record can significantly impact your life, including:

• Employment: Background checks are common, and employers may be hesitant to hire someone convicted of domestic assault in Tennessee.
• Housing: Rental applications may include background checks, limiting your options.
• Firearm Rights: You will lose the right to own or possess firearms.
• Reputational Damage: The stigma of a Tennessee domestic violence conviction can have social and professional repercussions.
  

Alternative Legal Options

While expungement may not be an option, there are some possible alternatives:

• Judicial Diversion: If you are a first-time offender, you might be eligible for a judicial diversion program. Successful completion can lead to the dismissal of your charges, but it is not the same as having them expunged. If you are facing a pending domestic assault charge, it is critical to seek legal representation before your court date. In some cases, an attorney can help negotiate to dismiss or retire the charge. Both outcomes can make you eligible for expungement under Tennessee law. Additionally, under T.C.A. § 40-32-107, certain non-domestic assault convictions may now be eligible for expungement, depending on how they are classified.
  

• Seeking a Pardon: Although extremely difficult, the governor of Tennessee has the authority to grant pardons in certain instances. This only applies when it’s a conviction.
  

If you’re facing domestic assault charges or have a conviction on your record, having experienced legal representation is essential. A knowledgeable domestic violence lawyer in Nashville can help protect your rights and advise you on your options.

Bryan understands the severity of a domestic assault conviction and its ongoing impact. He has extensive experience in navigating Tennessee’s complex criminal laws, including TN domestic violence laws. For legal counsel and representation, contact us at The Law Office of Bryan Stephenson for a free consultation.