Tennessee Misdemeanors
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Table of Contents
A misdemeanor is a criminal offense that is less serious than a felony but more serious than a civil infraction. Tennessee grades misdemeanors using Class A, B, or C, with maximum jail terms and fines set by statute.
The most serious misdemeanor (Class A) carries the harshest penalties. The penalties for a Class A misdemeanor include up to 11 months and 29 days in a county jail and fines reaching $2,500 (unless a specific statute sets a different penalty). Class B misdemeanors are punishable by up to 6 months in jail and a $500 fine.
The punishment for a Class C misdemeanor is limited to 30 days and a $50 fine (or as otherwise provided). Felonies involve longer incarceration and are classified under separate categories.
What Is a Misdemeanor in Tennessee?
Tennessee law distinguishes misdemeanors (Class A–C) from felonies (Classes A–E) by the maximum punishment specified by law. Misdemeanors include petty theft, certain types of assault, disorderly conduct, simple possession (depending on statute/date), and first-offense DUI when not elevated. Under T.C.A. § 55-10-401, driving under the influence is prohibited. The penalty grid contained in § 55-10-402makes a first DUI a misdemeanor with mandatory jail and fines.
The Tennessee Department of Safety summarizes the first-offense range as 48 hours to 11 months, 29 days; a $350–$1,500 fine; a 1-year license revocation; and treatment requirements, with a 7-day minimum if BAC is 0.20 or higher. Subsequent DUIs carry higher mandatory jail terms.
How misdemeanors differ from infractions and felonies. Tennessee does not use labels for offenses such as “civil infraction” like some states do. Many minor offenses, such as traffic and ordinance violations, are handled by City Courts and result in fines only without jail time. In Tennessee, felonies (Class A–E) result in more than one year in county jail and are adjudicated in the Criminal or Circuit Courts.
Misdemeanor Classes and Penalties in Tennessee
Under Tennessee Code Annotated § 40-35-111(e), the state sets maximum penalties for misdemeanors (although specific offense statutes may impose different minimums or special fines):
- Class A misdemeanor: This attracts a punishment of up to 11 months and 29 days in jail. A fine of up to $2,500 may be imposed on offenders.
- Class B misdemeanor: It carries a penalty of up to 6 months in jail and/or up to a $500 fine.
- Class C misdemeanor: This is punishable by up to 30 days in jail, and offenders are subject to paying up to a $50 fine (unless other statutes state otherwise).
Courts may impose other penalties such as probation (suspended sentence), restitution, community service, treatment/counseling, no-contact orders, and other conditions authorized by statute. DUIs and serious traffic or driving violations carry mandatory minimums and administrative consequences (license suspensions and ignition interlock requirements).
Misdemeanor Court Process in Tennessee
General Sessions Courts handle high case volumes related to misdemeanor arraignments and trials (if the defendant waives the right to a grand jury and jury trial). They also handle preliminary hearings in felony cases and are not courts of record.
Criminal and Circuit Courts are the state’s trial courts of record. They hear felony cases and process misdemeanor trials (with juries). In addition, they handle appeals from the General Sessions Courts as de novo trials (a new trial as if no prior judgments were made).
Right to appeal from General Sessions. Any party may appeal a General Sessions judgment to the Circuit Court within 10 days. The appeal is a de novo proceeding. Tennessee law and rulings from the state Supreme Court and Attorney General authorize this process.
Typical path from stop to sentencing.
- Citation or arrest & charging. A citation, warrant, or complaint is filed, often in the General Sessions Court.
- Initial appearance/arraignment. The judge informs the defendant of their rights and determines if the defendant needs the services of an attorney (indigent defendants may qualify for a public defender). Also at this stage, bond and release conditions are set.
- Pre-trial. This generally includes discovery, motions, and negotiations. This phase may involve screening for diversion programs or treatment courts.
- Trial. If jury trials are waived, it may lead to a bench trial in the General Sessions Court If the case is indicted or appealed, a jury/bench trial may be held in the Criminal or Circuit Court (either because the state indicted the case or after a de novo appeal).
- Sentencing. The court imposes jail time (served locally), fines, probation, restitution, treatment, and license suspensions (DUI).
Misdemeanor Records in Major Tennessee Cities
Tennessee’s trial court records are maintained by County Clerks, and online access varies by county. The Tennessee Administrative Office of the Courts (AOC) provides a Public Case Records (Appellate) search portal where the public may view case histories and documents from the Tennessee Supreme Court, Court of Appeals, and Court of Criminal Appeals. Trial-level records are available at the county level through individual portals. Rule 34 governs public access to court records, with exceptions for sealed and sensitive records.
City snapshots
- Nashville/Davidson County.The CaseLink system provides access to Circuit/Criminal/General Sessions court records. The public may search misdemeanor dockets, calendars, and dispositions.
- Memphis/Shelby County. The General Sessions (misdemeanor/traffic) and Criminal Court (indicted felonies/misdemeanors) online portal supports case inquiry, record search, and payments for Shelby County’s General Sessions Clerk. The General Sessions Court Clerk attends to public records requests and provides access to payment tools. The Clerk of the Criminal Court provides access to case information and payment options. Some General Sessions records require a CJS registration to access them.
- Knoxville/Knox County. The Criminal Court Clerk posts contact details and provides access to Criminal Court and General Sessions–Criminal Division records and public requests. From the local web pages, members of the public and attorneys may find contact information.
What you typically see online: Anyone may find information such as the names of parties, case number, charges with statute cited, and court settings on a misdemeanor record. Other available details include the Register of Actions (docket), disposition, sentence terms, and outstanding balances. Certified copies may be obtained from the Clerk of Court where the case was handled. For appellate-level records, individuals may visit the AOC’s Public Case History page to view opinions, orders, and dockets.
How to Search for Misdemeanor Records in Tennessee
- Identify the court and county. Misdemeanor arrests usually start in the General Sessions Court of the county where the offense occurred. If this case is indicted, it appears on the Criminal or Circuit Court docket. Interested parties may use the county clerk’s portal to search misdemeanor records. Nashville County uses the CaseLink portal, and Shelby County maintains a case inquiry and CJS portal. Knox County residents may utilize the Criminal Court Clerk’s website.
- Search via the AOC portal to see if the case was appealed. The public may visit the AOC’s Public Case History website to access filings, orders, and opinions from the Criminal Appeals, Supreme Court, and Court of Appeals.
- Payments. Many counties accept online payments for court costs and fines on eligible cases (you may verify on county clerk payment portals).
- For certified records, you may contact the Clerk of Court in the county listed on your docket (The Shelby Criminal Court Clerk and Knox Criminal Court Clerk typically provide details regarding the office hours, fees, and request forms on their websites).
How Long Does a Misdemeanor Stay on Your Record in Tennessee?
In Tennessee, the term "expunction" or "expungement" describes the process of removing or sealing eligible criminal records. Moreover, the outcome of a case and the type of offense determine if it qualifies for expungement.
Non-convictions: A case that ends without a conviction, such as dismissal, nolle prosequi, and not guilty verdicts, may be eligible for expungement under T.C.A. § 40-32-101. The public may file an expungement using the appropriate forms and instructions on the website of the Tennessee Administrative Office of the Courts (AOC).
Convictions (selected offenses only). Certain misdemeanor and Class E felony convictions qualify for expungement after a waiting period. Under § 40-32-101(g), (k), eligible individuals are required to wait at least five (5) years after completing the sentence (including payment of all fines/restitution) to file for an expungement. Eligibility depends on the number and type of convictions. Although many misdemeanor convictions qualify, DUI charges do not. Local prosecutors and clerks publish checklists outlining the five-year timeline and qualifying offenses.
Special categories and updates. There are varying statutory provisions for expunging records relating to Class C and D felonies. They have different waiting periods, including certain voting-related offenses, which come with longer wait times. Moreover, the law is subject to change; it is necessary to verify the current version of the statute before filing.
In accordance with Tennessee law, the court orders the sealing or destruction of the record when the petition is granted. The records are no longer available during searches, though courts and law enforcement agencies retain limited access where authorized. Without an order, misdemeanor records may remain accessible to the public for a significant amount of time. They remain accessible via county portals and on clerk dockets, although this is subject to Rule 34 and any applicable sealing orders.