TCA 40-15-106
Certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense
FELONYFelony
What does this charge mean?
This statute is not a criminal offense—it is a procedural rule requiring that before a defendant can be approved for pretrial diversion, the Tennessee Bureau of Investigation must certify that the defendant has not been previously disqualified (such as by a prior felony conviction or prior pretrial diversion grant). The statute clarifies that this certification only confirms eligibility, and the prosecutor and judge still must independently verify the defendant's background. This is a procedural/administrative statute, not a criminal law.
Penalty Details
ClassificationFelony
Penalty SummaryFelony
(a) No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the defendant has not: Ask a legal question, get an answer ASAP!(1) Had a prior disqualifying felony or misdemeanor conviction; (2) Previously been granted pretrial diversion under this chapter; and (3) Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or § 40-35-313. (b) The certificate provided by the bureau pursuant to this section is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified under the criteria set out in subsection (a). The certificate is not a certification that the defendant is eligible for diversion pursuant to this chapter and it shall continue to be the duty of the district attorney general and judge to make sufficient inquiry into the defendant’s background to determine diversion eligibility.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY
TCA Section40-15-106