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What Charges can (cannot) be expunged?
Inclusions

A Class E felony committed after November 1, 1989, may be expunged if the sentence was for three (3) years or less and appears in the below list. (If the conviction is for a class E felony committed after November 1, 1989, and is not on this list, it cannot be expunged. If the sentence was for more than three (3) years it cannot be expunged.)

39-11-411 Accessory after the fact;
39-13-306 Custodial interference where person not voluntarily returned by defendant;
39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication;
39-14-105(2) Theft ($501-$999)
39-14-114(c) Forgery (up to $1,000);
39-14-115 Criminal simulation (up to $1,000);
39-14-116(c) Hindering secured creditors;
39-14-117(b) Fraud in insolvency;
39-14-118 Fraudulent use of credit card or debit card ($501-$999);
39-14-121 Worthless checks ($501-$999);
39-14-130 Destruction of valuable papers ($501-$999);
39-14-131 Destruction or concealment of will;
39-14-133 Fraudulent or false insurance claim ($501-$999);
39-14-137(b) Fraudulent qualifying for set aside programs ($501-$999);
39-14-138 Theft of trade secrets ($501-$999);
39-14-139 Sale of recorded live performances without consent ($501-$999);
39-14-143 Unauthorized solicitation for police, judicial or safety associations;
39-14-147(f) Fraudulent transfer of motor vehicle with value of less than $20,000;
39-14-149 Communication theft ($501-$999 (fine only);
39-14-153 False information in applying for housing project accomodations
39-14-402 Burglary of an auto;
39-14-408 Vandalism ($501-$999);
39-14-411 Utility service interruption or property damage;
39-14-505 Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume);
39-14-602 Violation of Tennessee Personal and Commercial Computer Act ($501-$999);
39-14-603 Unsolicited bulk electronic mail ($500- $999);
39-16-201 Taking telecommunication device into penal institution;
39-16-302 Impersonation of licensed professional;
39-16-603 Evading arrest in motor vehicle where no risk to bystanders;
39-16-609(e) Failure to appear (felony);
39-17-106 Gifts of adulterated candy or food;
39-17-417(f) Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000);
39-17-417(g)(1) Manufacture, delivery, sale or possession of not less than ½ ounce and not more than 10 pounds of Schedule VI; drug marijuana (fine not greater than $1,000);
39-17-417(h) Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000);
39-17-418(e) Simple possession or casual exchange (3rd offense);
39-17-422(c) Selling glue for unlawful purpose;
39-17-423(c) Counterfeit controlled substance;
39-17-425(b)(1), (2), (3) Unlawful drug paraphernalia uses and activities;


Exclusions
If the conviction is for a misdemeanor committed after November 1, 1989, and is on this list, then that conviction cannot be expunged.

39-13-101(a)(1) and (2) Assault;
39-13-102 Aggravated assault of public employee;
39-13-111 Domestic assault;
39-13-113(g) Violation of protective or restraining order;
39-13-113(h) Possession of firearm while order of protection in effect;
39-13-511 Public indecency 3rd or subsequent offense;
39-13-511 Indecent exposure (victim under 13 years of age) or by person in penal institution exposing to a guard;
39-13-526(b)(1)(2) Violation of community supervision by sex offender not constituting offense or constituting misdemeanor;
39-13-528 Soliciting minor to engage in Class E sexual offense;
39-13-533 Unlawful sexual contact by authority figure;
39-14-118 Fraudulent use of credit/debit card (up to $500);
39-14-304 Reckless burning;
39-14-406 Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;
39-15-201(b)(3) Coercion — abortion;
39-15-210 third or subsequent violation of “Child Rape Protection Act of 2006”;
39-15-401(a) Child abuse (where child is between ages 7- 17);
39-15-401(b) Child neglect and endangerment (where child is between ages 7-13);
39-15-404 Enticing a child to purchase intoxicating liquor — purchasing alcoholic beverage for child;
39-15-404 Allow person 18-21 to consume alcohol on person’s premises;
39-15-414 Harboring or hiding a runaway child;
39-17-315 Stalking;
39-17-431 Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits;
39-17-437 Using substance or device to falsify drug test results and selling synthetic urine;
39-17-438 Possession of the hallucinogenic plant Salvia Divinorum or the synthetic cannabinoids;
39-17-452 Sale or possession of synthetic derivatives or analogues of methcathinone;
39-17-902(a) Importing, preparing, distributing, processing, or appearing in obscene material or A misdemeanors;
39-17-907 Unlawful exhibition of obscene material;
39-17-911 Sale or loan to minors of harmful materials;
39-17-918 Unlawful massage or exposure of erogenous areas;
39-17-1307(f)(1)(A) Possession of firearm after being convicted of misdemeanor crime of domestic violence;
39-17-1307(f)(1)(B) Possession of firearm while order of protection is in effect;
39-17-1307(f)(1)(C) Possession of firearm while prohibited by state or federal law;
39-17-1312 Failure of adult to report juvenile carrying gun in school;
39-17-1320(a) Non parent providing handgun to a juvenile;
39-17-1352 Failure to surrender handgun carry permit upon suspension;
39-17-1363 Violent felon owning or possessing vicious dog;
39-13-101(a)(3) Assault (offensive or provocative physical contact);
39-13-511(a) Public indecency — first or second offense (punishable by $500 fine only);
39-13-511(b)(2) Indecent exposure (victim 13 years old or older);
39-15-412(b) Disseminating smoking paraphernalia to minor after 3 prior violations;
39-16-404 Misuse of official information by public servant;
39-17-317 Disorderly conduct at funerals;
39-17-715 Possession of or consuming alcoholic beverages on K-12 school premises;
39-17-914 Display for sale or rental of material harmful to minors; and
55-10-401 Driving under the influence of an intoxicant;



Vasco A. Smith, Jr. County Administration Building • (901) 222-2300
160 North Main Street Memphis TN 38103
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