Legal Question in Criminal Law in Tennessee

The expression "retired" is not found in the Tennessee law or rules of court, the meaning can vary from judge to judge. In the 19th District of middle Tennessee (Clarksville/Springfield) a case is retired when the State declares that no action will be taken to prosecute the case, usually for a period of one year, after which it will be dismissed. Another way to say it is: "Continue this case for one year without ever setting it for trial or other action, and at the end of the year the Court has our permission to simply dismiss the charges."

For example, a husband/wife, brother/sister, or neighbors may get into a minor argument with some pushing and curse words exchanged. Once everyone calms down and resumes living together in peace, what should the court do with the criminal charges?

One answer is to "retire the charges from the active docket, with all parties keeping the peace." If no one comes forward to object, the case will automatically be dismissed after one year. If anyone objects -- of the court finds that the peace has not been maintained -- the case is returned to the active docket for trial.

The advantage is that the defendants have the benefit of "working their way out of their troubles" without a formal diversion or other State intervention. Additional conditions may be required during the retirement, such as payment of court costs, or taking required mental health medication, etc, if the case is to be dismissed later.

Once the case is dismissed, the Defendant can have the record of the proceedings expunged from their record, usually without cost.