Tennessee Criminal Court Records

In Tennessee, criminal court records are judicial documents that contain information about the prosecution of criminal cases. These records document the entire prosecution process from its inception to eventual disposition. They are created to foster the transparency of judicial processes and ensure that due process is prioritized above all else.

The Tennessee Judiciary is the central custodian of criminal court records. Tennessee Supreme Court Rule 34 and the Tennessee Public Records Act (TPRA) govern access to these records.

Are Criminal Court Records Public in Tennessee?

Yes. Tennessee Supreme Court Rule 34 establishes the general public's statutory right to access criminal court records. As a result, most criminal court records are presumptively public. Notwithstanding, certain documents and information are considered confidential and not open to the public. Some of these confidential records include, but are not limited to, unpublished drafts of judicial orders and opinions, documents protected by court order or rule, and sealed records.

What Criminal Court Records Contain in Tennessee

Some of the typical public contents of criminal court records in Tennessee include:

• The defendant's full name and date of birth
• Case number
• Charges
• Offense date
• Next court date
• Judge details
• Arresting officer and agency information
• Bondsman details
• Disposition details
• Sentencing order
• Fine amount

Tennessee Criminal Court Records Search

Tennessee does not have a centralized database for criminal court records. Thus, there are different pathways for conducting a criminal court records search, depending on the court level involved (e.g., appellate or trial level) and the specific type of court handling the case.

Appellate Level

Record seekers can use the Tennessee Appellate Public Case History portal to access information about the status and procedural history of a criminal case appeal. Motions, orders, judgments, and opinions of appellate cases filed after August 26, 2013, are also accessible through the portal. Users can search for cases on the portal by case number, case style (for example, State of Tennessee vs. John Doe), and the name of a party to the appeal. It is worth noting that only appeals filed after 2006 are available through the portal. Those who cannot find the information they seek on the portal can consider contacting the appropriate Appellate Court Clerk's office directly. Fortunately, the Tennessee Judiciary provides an online directory containing the contact information of these clerk offices.

Trial Level

Court records of criminal cases at the trial level are accessible through the clerk's office of the specific court that handled the case. Most clerk offices provide online resources that interested persons can use to search and access public criminal court records that they maintain. Some examples include the Davidson County Criminal Court Clerk's Search Case Information portal, the Hamilton County Criminal Court Information website, and the Montgomery Circuit Court Clerk's Online Court Record System. These online resources are usually searchable by defendant's name or case number.

Alternatively, record seekers can visit or contact relevant court clerk's offices to inspect or request copies of criminal court records. Although individuals may be allowed to inspect records for free on-site, they are usually charged a fee for hard copies of records requested pursuant to Tennessee Code Annotated § 8-21-401. For instance, the Knox County Criminal Court Clerk charges $0.50 per page for hard copies and an additional $5.00 for certification. Interested persons can find the contact information and addresses of local court clerk offices on the Tennessee Judiciary's Clerks directory.

Free Access to Criminal Court Records in Tennessee

In Tennessee, interested individuals can access criminal court records for free through online resources provided by the offices of criminal court clerks. These resources are accessible through the clerk's website and usually offer basic information about criminal cases. Record seekers can also visit the offices of the criminal court clerk to access records, either electronically through public terminals (if available) or by reviewing physical copies, free of charge.

Sealing and Expungement of Criminal Court Records in Tennessee

Sealing and expungement are different legal processes that erase court records of a criminal case in the eyes of the law. They differ in how records are treated after being erased. Expunged records are deleted after being removed. Meanwhile, sealed records are removed from public records but are still maintained by custodian agencies and remain accessible to criminal justice agencies.

How to Seal Criminal Court Records in Tennessee

Under Tennessee law, criminal court records can not be sealed. The only way to erase them is through expungement. Even so, only certain criminal court records are eligible for expungement in Tennessee.

How to Expunge a Criminal Record in Tennessee

In Tennessee, the filing process for requesting criminal record expungement is governed by T.C.A. §40-32-101. According to the statute, an individual's criminal record may be eligible for free expungement if:

• Their charges were dismissed
• A grand jury returned "no true bill" in their case
• They were arrested and released without being charged
• Their trial resulted in a not guilty verdict
• Prosecution was not pursued in their case (i.e., the case resulted in a nolle prosequi)
• A protection order was successfully defended and denied by a court

Individuals who qualify for expungement under any of the above reasons can file for expungement in the court where their case originated. They will need specific information about their case to file for and obtain an expungement, such as a docket number. This information is available on their case's court records, which can be requested from the court clerk.

After gathering the required information about their case, eligible individuals can complete the expungement request form. They must check with the court clerk to verify whether they need to fill out a separate form for each charge, as each court operates differently. The completed expungement request form(s) and a self-addressed stamped envelope for each charge should be sent to the appropriate court clerk's office. After reviewing the paperwork, the court clerk will forward it to the judge, who will then forward it to the relevant agencies for expungement.

Additional steps are required if an individual's charges were dismissed with costs or marked as retired. In the event of a dismissal with costs, all outstanding court fees must be paid prior to filing for expungement. For retired cases, the individual must first request that the case be changed to dismissed before it becomes eligible for expungement.

Criminal Records in Tennessee vs Court Records

In Tennessee, criminal records are official documents created and maintained by law enforcement agencies and justice departments that detail an individual's specific run-ins with the criminal justice system, such as misdemeanor and felony arrests. On the other hand, court records are judicial files generated by the courts to document formal legal proceedings, such as the prosecution of a crime, a civil lawsuit, or arbitration.

Requesting a Tennessee Criminal History Record

The Tennessee Bureau of Investigation (TBI) serves as the central repository for criminal history records. Therefore, all requests for Tennessee criminal history records should be directed to the TBI. These records are considered public, allowing the general public to obtain a Tennessee adult criminal history on any individual for a fee through the TBI. However, criminal history records of juveniles are inaccessible to the general public, unless the juvenile was transferred to criminal court as an adult pursuant to Tenn. Code Ann § 37-1-134.

How to Request a Tennessee State Background Check

Interested persons can request a Tennessee adult criminal history background check through the Tennessee Bureau of Investigation (TBI) online or by mail. They can use the TBI's Tennessee Open Records Information Services (TORIS) website to conduct a name-based search for an individual's criminal history information online. Users will be charged a non-refundable fee of $29.00 per request.

Alternatively, individuals can request a Tennessee adult criminal history background check by mail using the Criminal History Information Request form (also available in Spanish). They can complete the request form and mail it with the appropriate fee (via money order, cashier's check, personal check, or business check) to:

Active vs Archived Criminal Cases in Tennessee

Active and archived are two distinct terms used to describe a case's current status and how its court records are maintained. In Tennessee, active criminal cases that are currently ongoing, along with their court records, are usually readily available, as they are stored on-site in the court clerk's office. Meanwhile, Archived cases are those that have been closed, temporarily set aside, or placed on hold by a court. Their records are typically stored off-site to make space for active case files, so requesting archived court records often takes longer and may involve additional costs.