Statute
Tenn. Code Ann. 40-32-105
The law allowing for expunction has several conditions survivors must meet. Survivors must have served or fulfilled the entire sentence, including any terms of incarceration, probation or supervised release. Survivors must also wait a year after completing the sentence before they can seek relief. They cannot have been convicted of another criminal offense during that time and cannot have any pending charges. Convictions for offenses that involved the use of physical force or a deadly weapon are not eligible for relief. There are additional limitations on which charges qualify and which do not.
Survivors can only seek expungement under this statute once, but this does not prevent general expungement under other statutes. To obtain expungement, they must show that the convictions resulted from having been a victim of human trafficking. If a court grants the petition, the survivor is restored to the legal status they had before the arrest and conviction. The law specifically provides that survivors who have had records expunged should not face any collateral consequences as a result of the expunged conviction. If the court denies the petition, the survivor must wait two years to file another petition.
Updated May 2023