Tennessee § 40-27-109 - Exoneration.
Full text of Tennessee Tennessee Code Annotated § 40-27-109 — Exoneration., with citation guidance and answers to common questions.
§ 40-27-109. Exoneration.
After consideration of the facts, circumstances and any newly discovered evidence in a particular case, the governor may grant exoneration to any person whom the governor finds did not commit the crime for which the person was convicted. No person may apply for nor may the governor grant exoneration until the person has exhausted all possible state judicial remedies. Exoneration granted pursuant to subsection (a) shall as a matter of law be unconditional, shall without application having to be made therefor expunge all records of the person's arrest, indictment and conviction, and shall automatically restore all rights of citizenship to the person. The governor has the authority to review and reconsider any pardon the governor has previously granted for the purpose of determining whether the recipient of the pardon qualifies for and merits the granting of exoneration in lieu of a pardon. If the governor so determines, the governor shall have the authority to convert any pardon previously granted into exoneration as defined by this section. Nothing in this section shall be construed as preventing the governor from granting exoneration to a person who applied for a pardon if the person qualifies under subsection (a) and if the governor determines the person merits exoneration. Acts 1982, ch. 604, § 2; T.C.A., § 40-3509. Cross-References. Judgment of infamy, right of suffrage, competency as witness, § 40-20-112 . Restoration of citizenship generally, title 40, ch. 29. Restoration of suffrage to persons convicted of infamous crimes, § 2-2-139 . Suffrage for persons convicted of infamous crimes, § 2-19-143 . Law Reviews. Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009).
Frequently Asked Questions About Tennessee § 40-27-109
What does Tennessee Code Annotated § 40-27-109 cover?
Section 40-27-109 ("Exoneration.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-27-109?
A common citation format is "Tennessee Code Annotated § 40-27-109" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-27-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.