I was convicted of a misdemeanor. Is it on my record forever?

Not necessarily. Many Tennessee misdemeanor convictions can be expunged, but only by petition, only if you meet strict conditions, and only after a waiting period that is different from the one for a dismissed charge. For some convictions, though, the answer really is yes. Unless your case went through diversion and you completed it successfully, a guilty plea is a conviction, and its lasting effects stay with you unless a court expunges it, and even an expunction does not end all of them.

Which convictions can qualify?

Tennessee starts by treating a misdemeanor committed on or after November 1, 1989 as eligible, and then lists the offenses that are not. That excluded list includes DUI, domestic assault, stalking, violating an order of protection, and assault by offensive or provocative contact, along with a number of offenses involving children, sexual conduct, or firearms. If your conviction is one of those, it generally cannot be expunged. The exact charge you pleaded to matters. And if several convictions came out of the same incident, every one of them has to be eligible: one DUI in the group means none of them can be cleared, including a possession or other charge from that same night.

How long do you have to wait?

A dismissed charge normally carries no waiting period, but an eligible misdemeanor conviction carries a five-year wait. Those five years start when your whole sentence is finished, not on your court date. That means every day of probation served, every condition met, and every dollar of fines, court costs, and restitution paid. If you still owe a balance from years ago, the clock has not started, and the law has no hardship exception.

What else can stand in the way?

You generally get one conviction expunction in your lifetime, though in some situations a single petition can cover up to two offenses. If you already had a conviction that cannot be expunged before this offense happened, that can block you, even if the earlier one came from another state or a federal court. A Tennessee appeals court has also held that an old probation violation can be enough to disqualify you, even if you went on to finish your probation.

Does it happen on its own?

No. Tennessee has no automatic clearing of convictions, so you have to file a petition in the court where you were convicted. The district attorney's office is part of the process and can give the judge material you may never see. The judge weighs your interest against justice and public safety, so even if you meet every requirement you get at most a presumption in your favor, not a guaranteed yes, and on some routes, such as a single petition covering two offenses, you do not get even that. If the petition is denied, you must wait two years before filing again.

How long does the judge take?

There is no deadline. Tennessee sets no time limit for a judge to rule on an expunction petition, and for a conviction the judge cannot rule until at least 61 days after the district attorney is served. The judge also cannot sign an order until the state's investigation bureau sends an eligibility certificate, and no law sets a deadline for that either.

Even after an expunction, the confidential record can be used to increase your sentence if you are convicted of something new. These rules were rewritten in 2025 and changed again in 2026, so much of what you find online describes the old law. Whether your conviction qualifies depends on details in your own file, and it is worth having a lawyer check them before you count on any date.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

Call to Action

If you are counting the years until an old misdemeanor comes off your record in Tennessee, don't guess at the dates. 👉 Don't talk yourself into a guess. Call 1-888-DRJUDGE and have someone read your file.

📬 Get straight answers every Friday. Sign up for The Weekly Verdict, David Ridings’ free weekly newsletter: davidridings.substack.com/subscribe