How Long After a Case Is Dismissed Can It Be Expunged?

The relief of having criminal charges dismissed is significant, but clearing your name completely involves further steps. The Law Office of Bryan Stephenson, based in Nashville, TN, provides crucial insight into the expungement process for individuals aiming to remove dismissed charges from their records, thus paving the way for a more secure future.

Immediate Eligibility for Expungement

In Tennessee, there are specific instances where expungement can be sought immediately. Dismissals, acquittals, and cases marked as nolle prosequi allow for the expungement order to be filed right away—although the clerk may require up to 60 days for administrative processing. Additionally, clients who have completed either judicial or pre-trial diversion can apply for expungement as soon as their probation period concludes.

In 2025, Tennessee updated its expungement law by moving it to Tennessee Code Annotated § 40-32-107, replacing the former § 40-32-101. The revised statute reaffirms that dismissed charges remain eligible for immediate expungement in most cases. It also reinforces that orders of dismissal, nolle prosequi, acquittal, or ‘no true bill’ qualify for removal from the public record without a mandatory waiting period. The law continues to support access to relief for individuals with cleared charges. Still, an attorney can confirm your eligibility and help ensure the process is handled correctly under the updated statute.

Waiting Time Before Applying for Expunction

For other cases, particularly those involving convictions, Tennessee law stipulates a waiting period. Individuals can only apply for expungement after five years, and this applies only to certain offenses. Consulting with a TN criminal defense lawyer is crucial for understanding which charges are eligible for expungement and the required waiting times, thereby setting realistic expectations.

How to Apply for Expungement in Tennessee

To initiate the expungement process, one must:

1. Check Eligibility: Verify that your dismissed charge is eligible for expungement. Legal counsel can provide invaluable guidance in this matter.
2. File a Petition: Submit a petition for expungement to the court.
3. Prepare for a Hearing: The court may schedule a hearing where a judge will review your petition.
   

Complete and accurate documentation, including the original charge information and proof of dismissal, is essential. There is sometimes a fee associated with the application, underscoring the importance of precision to prevent any delays or denials.

What Happens After an Expungement Is Granted

Once expungement is granted, the records of your arrest and the dismissed charges are removed from public view. In most cases, you can legally deny the occurrence of the arrest or charges when applying for jobs, housing, or various licenses. However, there are specific instances and sectors where disclosure may still be required, which underscores the need for careful guidance from a knowledgeable attorney. Consulting with a criminal defense lawyer in TN can provide the detailed advice and representation necessary in such cases.

Seeking Assistance in Expungement

Handling the expungement process in Tennessee can be a challenging task. The Law Office of Bryan Stephenson is equipped to assist with your criminal defense and expungement needs in Nashville, TN. Bryan is dedicated to helping you understand your rights and manage the process efficiently.

For a more straightforward path to clearing your record in Tennessee, contact us for a free consultation.