Expunging Court Records

The laws relative to court expungements were largely reorganized in 2025. The primary provisions relative to the expungement of dismissed offenses was moved from 40-32-101 to 40-32-106. The primary provisions relative to the expungement of certain less serious convictions was moved from 40-32-101 to 40-32-107 and 40-32-108.

The law was also amended at 40-32-102 to provide that the TBI shall develop a request for certification form to be completed by the court and submitted to the TBI prior to entering an order of expunction. The court is not required to submit a certificate to the TBI if the expungement is pursuant to 40-32-109 or 40-32-106, unless the expunction was the result of the successful completion of a pretrial diversion program, pursuant to 40-15-102 – 40-15-107 or judicial diversion program pursuant to 40-35-313. The certificate must contain the name of the person seeking expunction, the person's date of birth and social security number, the offense that the person is seeking to have expunged, the date of arrest, and the appropriate state control number as referenced in 8-4-115. The TBI shall provide access to the certificate to each clerk that accepts petitions for expunction. After receiving a request for certification, the TBI shall determine if the submitted offense is eligible for expunction pursuant to 40-32-107 or 40-32-105 and note the determination on the certificate. The TBI shall provide the court with a copy of the certificate containing the determination, or an explanation why a determination cannot be reached. An order of expunction must not be entered by the court unless a certificate is attached to the order of expunction. The certificate provided by the TBI is only a certification as to whether the submitted offense is eligible for expunction. The certification is not a certification that the defendant is eligible for expunction, and the court continues to have the duty to determine eligibility. 

A court ordering the expunction of a person's public records of a criminal offense shall send or cause to be sent a copy of the expunction order to the TBI within thirty (30) days from the date of the expunction order for entry into its expunged offender and pretrial diversion database. The order must contain the name of the person seeking expunction, the person's date of birth and social security number, the offense that was dismissed, the appropriate state control number as referenced in 8-4-115, the date and cause of the dismissal, and the date the order of expunction is entered.

The clerk of the court maintaining records expunged shall keep such records confidential. Release of confidential records or information contained therein other than to law enforcement agencies for law enforcement purposes is a Class A misdemeanor and is punishable as described in 40-32-104. A court entering an order of expunction may release a copy of the order of expunction to the petitioner.