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You’re trying to understand the statute of limitations?

In Tennessee, most misdemeanor charges—including misdemeanor theft—have a statute of limitations of one year from the date of the alleged offense. However, once an arrest warrant is issued, that changes things. The clock typically stops running at that point because the legal process has officially started.

If someone charged with a crime is not openly and regularly living in Tennessee, or if they hide information about the crime, the law allows the statute of limitations to be paused. So, if you leave the country with active warrants, Tennessee would likely consider you not publicly residing in the state, which means the one-year statute wouldn’t continue counting down.

There is a Tennessee law (Tennessee Code § 40-6-206) that allows unserved warrants to expire after five years in certain situations. However, that only affects the warrant itself—not the underlying criminal charges, if legal action has already started.

Since your warrants have already been issued, your case is technically active. Leaving the country would likely freeze the statute of limitations, meaning the charges won’t disappear just because time passes. They’ll still be waiting for you when you return, even if it’s been more than a year.

Details like the warrant issue date, the specific charges, and any legal steps already taken could all impact your case.

Also, be aware: international travel with active warrants can cause serious problems, including being:

• Denied re-entry into the U.S.
• Arrested at the border
• Flagged during visa or passport checks

If you remain in Tennessee, the situation is slightly more nuanced. However, the general principle still applies: once a warrant is issued, it commences prosecution, which typically tolls (pauses) the statute of limitations.

So even if you stay in the state, the active warrants likely prevent the one-year clock from running. Tennessee does allow for misdemeanor warrants to be automatically terminated after five years if they remain unserved, but that only affects the warrant’s validity—not necessarily the underlying charge, which could be re-warranted.

Also, if you’re attempting to evade arrest, even while remaining in Tennessee, that could be considered concealment, which further tolls the statute.