Expungement

Beginning July 1, 2012, individuals who were previously convicted of certain non-violent, non-sexual misdemeanors and class C, D, or E felonies may be eligible to have their convictions expunged pursuant to T.C.A. 40-32-101(g) and (k). Attached to this letter you will find several documents along with a checklist that sets forth all of the documentation that must be obtained prior to filing a petition to expunge a conviction.  If after reviewing these materials you believe that you are eligible to have your conviction expunged you must complete all of the following steps in order to successfully file a petition:

1. Obtain a certified copy of your conviction from the Clerk of the court where you were convicted;
2. Obtain a printout or receipt from the Clerk of the court where you were convicted showing that all fines, costs, restitution, and other assessments associated with your conviction have been paid;
3. Provide the attached Affidavit to the probation/parole office that supervised you and have them certify that successfully completed all the requirements of your supervised released;
4. Fill out the attached Personal Information sheet providing us with current contact information;
5. Make a copy of your photo identification or government-issued identification card;
6. Provide a self-addressed stamped envelope with your current mailing address;
7. Bring all of the items listed in paragraphs 1 through 7 back to the District Attorney’s office in Blountville;
8. We will review all of the materials that you provide us and notify you by mail within sixty (60) days whether you are eligible to file a petition for expungement;
9. If you are not eligible, you will receive a letter stating why your application has been rejected;
10. If you are eligible, you will receive a letter directing you to call our office and make an appointment to complete your petition;
11. On the day of your appointment you will need to bring with you the $100 filing fee and pay any additional administrative fees assessed by the Clerk’s office;
12. An Assistant District Attorney will meet with you on the day of your appointment to complete your petition.  You will then take the completed petition along with your filing fee to the Clerk’s office.
13. Once the petition is filed in the Clerk’s office, the Clerk will assign your petition a docket number and set a date for you to appear before a Criminal Court judge.  In certain cases, the judge may review your petition and enter the order without a hearing.  If a hearing is scheduled, you must be present on the date your petition is scheduled in order for your expungement to be granted.
14.  If at any time during this process, you want legal advice, then you must contact an attorney. The Office of the District Attorney does not represent you, and we will not give you legal advice.

Expungement Process

Expungement Screening For Dismissals

• Expungement Applications for judgments of Dismissal, Nolle Prosequi, No True Bill, and Not Guilty Verdicts are free of charge.
• Expungement Applications for judgments of Dismissal After Successful Completion of Judicial Diversion require payment of a non-refundable $100 fee to the Clerk of the Court at the time of submission. Expungement Applications for judgments of Dismissal After Successful Completion of Pretrial Diversion require payment of a non-refundable $100 fee to the Clerk of the Court at the time of submission.
• All restitution, court costs, fines, & probation fees (if ordered) must be paid in full prior to submission of the Application.  Please confirm payment information with the Sullivan County Criminal Court Clerk.

Expungement Screening For Convictions

• All applicants must follow the instructions in the Expungement of Conviction Packet.  Failure to fill out the application completely will delay our review of your application.

Expungement FAQs