Is Your 20-Year-Old DUI Finally Eligible to Be Erased?
For decades, a Tennessee DUI was a permanent stain. As of January 1, 2026, Senate Bill 0613 has changed the law. If your conviction is 20+ years old and you’ve maintained a clean record, you can finally petition for a total Criminal Record Purge.
- The 20-Year Rule: Has it been two decades since your sentence ended?
- Clean Slate: No other convictions in any state?
- SB 0613 Compliance: Ready to file your petition & $50 Treatment Fee?
Tennessee DUI Expungement
For over three decades, a DUI conviction in the State of Tennessee was widely regarded as a “permanent scar.” Unlike many other misdemeanors, Tennessee law specifically excluded Driving Under the Influence from expungement eligibility, meaning a single mistake made in one’s youth would follow them into retirement.
However, as of January 1, 2026, the legislative landscape has shifted. With the passage of Senate Bill 0613 (SB 0613), the Tennessee General Assembly has finally acknowledged the principle of long-term rehabilitation. For the first time, individuals with a single, ancient DUI conviction have a statutory pathway to clear their records. If you have spent the last two decades proving your commitment to the community, 2026 is the year you can finally close the book on your past.
Important Distinction: This process applies to convictions. If your Nashville DUI was dismissed or nollied years ago, you have always been eligible for free expungement. SB 0613 is specifically for those who were found guilty or pleaded guilty and have lived with that record for 20 years.
Check Your Eligibility Instantly with our Nashville DUI Pillar Page
1. Understanding SB 0613: The 20-Year Legislative Breakthrough
The core of the 2026 reform is the “20-Year Rule.” This isn’t a general amnesty; it is a highly specific, rigorous process designed for individuals who have maintained a completely clean record since their conviction.
Why 20 Years?
The Tennessee legislature debated several timeframes before settling on 20 years for DUI offenses. While standard misdemeanors often only require a 5-year waiting period, DUI is treated with higher gravity. The 20-year requirement serves as a “test of time,” ensuring that the petitioner has truly moved past any issues with substance abuse or recidivism.
The “Single Conviction” Barrier
Under SB 0613, you are only eligible if the DUI you are seeking to expunge is your only criminal conviction.
- The Trap: If you have a DUI from 2004 and a “Simple Possession” or “Theft” charge from 2010, you are currently disqualified.
- The Solution: Our legal team audits your NCIC (National Crime Information Center) report to ensure no “ghost convictions” from other states will derail your petition.
2. The Financial Requirements: Fees and the Treatment Fund
One of the most unique aspects of the 2026 expungement law is its focus on restorative justice. SB 0613 introduces a new mandatory fee structure that differs from standard record-clearing.
The $50 Alcohol and Drug Treatment Fund Fee
In addition to the standard filing fees charged by the Davidson County Criminal Court Clerk, all SB 0613 petitioners must pay a $50.00 surcharge.
- Where the money goes: This fee is deposited directly into a county-level fund dedicated to alcohol, drug, and mental health treatment programs.
- The Purpose: By paying this fee, the petitioner is effectively “paying it forward” to fund the rehabilitation of others currently struggling with the issues that led to the petitioner’s own arrest two decades prior.
Total Estimated Costs in Nashville
While the $50 fee is mandated by state law, the Davidson County Clerk also assesses administrative fees (typically ranging from $100 to $180 depending on the court). You must also ensure that every cent of your original court costs, fines, and restitution from the original 20-year-old case has been paid in full. If there is an outstanding balance of even $1.00, the Judge cannot sign the order.
3. Step-by-Step: The Davidson County Filing Process
Clearing a record at the Justice A.A. Birch Building in Nashville requires navigating several bureaucratic layers. Because SB 0613 is a new 2026 statute, many clerks and administrative assistants are still adjusting to the workflow.
Step 1: Record Retrieval and Certification
You cannot file for expungement without a Certified Copy of the Judgment. Because your case is likely 20+ years old, it will not be in the immediate digital system.
- You (or your attorney) must request the file from the Archives Division.
- This can take 3–5 business days as physical files are retrieved from off-site storage.
Step 2: TBI Certification
In 2026, the Tennessee Bureau of Investigation (TBI) must “certify” that you do not have disqualifying convictions in other counties or states. This is a crucial step to prevent people from “forum shopping” their expungements.
Step 3: Drafting the SB 0613 Petition
The petition must be drafted with precision. It must explicitly state:
- The date of the conviction and the date the sentence was completed.
- A verified statement that you have no other convictions.
- Proof of payment for the $50 Treatment Fund fee.
Step 4: The District Attorney’s Review
Once filed, the Nashville District Attorney’s Office has a statutory period (usually 60 days) to review the petition. They will conduct their own background check. If they find an undisclosed out-of-state conviction, they will file an objection, and a hearing will be required.
4. Why Expungement is Essential in the “Digital 2026” Economy
In 1996 or 2004, a DUI conviction lived in a dusty file cabinet. In 2026, your record lives in a cloud-based database accessed by every HR department, landlord, and travel app in the world.
The “Background Check AI” Problem
Modern background check companies use AI scrapers that do not distinguish between a “20-year-old mistake” and a “recent threat.”
- Employment: High-level corporate positions, especially in Nashville’s booming tech and healthcare sectors, often have “Zero Tolerance” filters.
- Housing: Premium Nashville developments use automated screening that can auto-reject any applicant with a “DUI” tag, regardless of age.
- Travel: Countries like Canada have tightened their borders in 2026. A 20-year-old DUI is still considered “Criminal Rehabilitation” territory. Expungement is the only way to ensure your passport doesn’t trigger a red flag.
5. Exclusions: When SB 0613 Cannot Help
As much as we want to clear every record, the 2026 law does have strict boundaries. You cannot expunge a DUI under SB 0613 if:
- Injury or Death: The original accident resulted in serious bodily injury or death (Vehicular Assault or Vehicular Homicide).
- Child Endangerment: You were convicted of DUI with a minor passenger (under 18) in the vehicle.
- Commercial Driver’s License (CDL): While the criminal record can be cleared, the Tennessee Department of Safety often maintains the conviction on your driving history for life due to federal DOT mandates.
- Multiple Offenses: This law is strictly for “DUI 1st Offense” convictions. DUI 2nd or 3rd offenses remain permanent in Tennessee.
6. The “Sensing” and “Safeguards” Intersection
If you have a pending case while also trying to expunge an old case, the 2026 laws get complicated. Under the Safeguards Act, a “cleared” record cannot be used to enhance a new charge into a “DUI 2nd,” but it can be used in the sentencing phase if the records were not destroyed properly. This is why having an attorney verify the Final Order of Destruction is vital.
FAQ: Tennessee DUI Expungement 2026
1. If I expunge my DUI, can I say “No” on a job application?
Yes. Once the order is signed and the records are destroyed, you are legally restored to the status you occupied before the arrest. In the eyes of the law, the event never occurred.
2. How long does the whole process take?
In Davidson County, expect the process to take 4 to 6 months. This includes the time for record retrieval, TBI certification, DA review, and the Judge’s signature.
3. What if my conviction was in a different state but I live in Nashville now?
You must file in the state and county where you were convicted. Tennessee law (SB 0613) only applies to Tennessee convictions.
4. Can I do this myself?
Technically, yes. However, if your petition is rejected due to a filing error or an undisclosed minor conviction, you must wait 2 years before you are allowed to file again.
5. Does this restore my right to own a firearm?
DUI is a misdemeanor in Tennessee and does not typically strip you of your firearm rights unless it was a felony. However, an expungement will remove the “Red Flag” during a TBI background check for a carry permit.
Start Your Second Chance in Nashville Today
The 20-year wait is over. The 2026 laws have finally caught up with the reality of rehabilitation. At Credible Law, we don’t just handle the “now”—we fix the “then.”
Contact our Nashville Expungement Team Today or call 888-201-0441 for a comprehensive SB 0613 eligibility audit. Let’s clear your name together.
