Here’s how to get your juvenile record removed in Shelby County

Having a juvenile record can make it harder for you to access housing, jobs and educational opportunities. Fortunately, many juvenile records can be erased through a process called “expungement.” 

Expunging your record means it no longer exists, and the original offense is treated as if it never happened. So, not only can you say you do not currently have a record, you can also say you never had one. 

Expungement isn’t available to everyone, but as long as you haven’t been convicted of a criminal offense in an adult court, or found guilty of a violent sexual offense or an act of terrorism in a juvenile court, you likely qualify. 

Still, many eligible people do not try to get their records expunged, said Cory Breece, chief policy advisor for Memphis-Shelby County’s Juvenile Court Clerk’s Office, which manages expungement requests. Some people do not know it’s possible, while others don’t know where to start. 

“I don’t think there’s a lot of knowledge in the community that this can be done,” said Breece.

That’s why we’ve put together this guide, which explains who qualifies for expungement and how to apply. 

Are you eligible to get your juvenile record expunged?

Not everyone with a juvenile record is allowed to expunge their records. You qualify if:

1. It has been at least a year since your most recent offense. 
2. You are at least 17 years old.
3. You are currently allowed to purchase and possess a firearm. Some juvenile offenses ban you from possessing or purchasing a firearm until you turn 25. If this applies to you, you will be eligible for expungement after you’ve turned 25. 
4. You have done everything the court asked you to do as part of your sentence. So, for example, if the court requires you to be on probation for six months, you must complete that probation before applying for expungement. 
5. You have never been found guilty of a sexual offense or an act of terrorism in a juvenile court.
6. You have never been convicted of a criminal offense in an adult court. 

If you meet these criteria, you can send in an application to expunge your record. This application will be reviewed by Memphis-Shelby County’s Juvenile Judge, Tarik Sugarmon, who will accept or deny your request.

There are a few exceptions to this process. If you went through an informal adjustment, pre-trial diversion, or judicial diversion program, you do not need to send in an application to get your record expunged. Instead, you can file a motion with the court one year after the incident, and the court will expunge your record. Unlike an application, this motion cannot be denied. You can also be younger than 17 to file this motion. As part of your informal adjustment or diversion, you will be provided with this motion. 

Can you expunge your juvenile record? Take this quiz to find out.

How do you expunge your juvenile record? 

This is how you put together an application to expunge your juvenile record in Shelby County: 

Step 1: Collect your documents 

You need the following documents: 

1. One form of identification: You can use your driver’s license, birth certificate, state identification card, student identification card or social security card. 
2. A background check from the Tennessee Bureau of Investigation: Since people convicted of crimes in an adult court cannot get their record expunged, you’ll need to prove you do not have a criminal record. You can do this by requesting a background check on yourself at TBI’s website: https://tbibackgrounds.tbi.tn.gov/Toris/. Requesting this record will cost $29. Once they have emailed you your record, print it out. 

Note: TBI will ask if you want to notarize your background check. You can say no. 

3. A personal letter addressed to Memphis-Shelby County Juvenile Judge Tarik Sugarmon. This letter should explain why you would like to have your record expunged. It should also address what happened during the offense, what you learned from the incident, and how you’ve changed for the better since then. Don’t forget to sign and date it.

Note: The law requires you to show that you’ve recently engaged in a pattern of positive behavior. You should use this letter to highlight that positive behavior. Examples might include graduating from high school, getting a job or doing community service. 

You can also include letters from family, friends, faith leaders, mentors or advisors, but this isn’t required. Breece says character testimonials from adults can provide more proof that you have engaged in positive behavior since your offense. 

Step 2: Bring these documents to the Memphis-Shelby County Juvenile Court Clerk

Bring these documents to the Memphis-Shelby County Juvenile Court Clerk’s Office, located inside the Juvenile Court at 616 Adams Ave., any weekday from 8 a.m. to 4:30 p.m. When you arrive, go to room 16 B. Clerk staff will make a copy of your identification and take your other documents. 

Step 3: Wait for a response 

You will be notified whether your request has been accepted or denied in about a month. Most requests for expungement are granted, said Breece. 

Terms you may encounter

The expungement process can include specialized language that is hard to understand because juvenile courts use different terms than criminal courts. Here’s a guide to some terms you might encounter. 

1. Adjudication — An adjudication is like a trial; it is when a juvenile judge determines whether a young person has or has not committed an offense. 
2. Adjudicated delinquent — Being adjudicated delinquent is like being found guilty. 
3. Delinquent offense or juvenile offense — A delinquent offense is like a crime. Since juvenile courts are not criminal courts, offenses handled by juvenile courts are not called crimes. 
4. Disposition — A disposition is like a sentence. A disposition includes everything a juvenile court requires you to do after you’ve been adjudicated delinquent. 
5. Adjustments — An adjustment is a specific part of your disposition. For example, your disposition may require you to go on probation and attend therapy. Probation and therapy are both “adjustments.”

If you have additional questions about the expungement process, contact Cory Breece at cory.breece@shelbycountytn.gov. 

Rebecca Cadenhead is the youth life and justice reporter for MLK50: Justice Through Journalism. She is also a corps member with Report for America, a national service program that places journalists in local newsrooms. Email her  rebecca.cadenhead@mlk50.com.

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