Expunction

Plain English Breakdown

The bill has been withdrawn as of the last action date (2025-02-06), so its current status is unknown and it may not become law.

Expunction Law Changes

This bill changes Tennessee's laws about expunction by reducing the waiting period after completing a sentence before someone can ask to have their criminal record cleared.

What This Bill Does

• Changes the law so that people who committed misdemeanors or Class E felonies must wait only one year, instead of five years, after finishing their sentence to ask for an expunction.
• For those with Class C or D felonies on their record, it reduces the waiting period from ten years to just one year before they can request an expunction.
• Also changes the law for people who were convicted of illegal registration or voting. Now, they only need to wait one year after finishing their sentence instead of fifteen years.

Who It Names or Affects

• People with criminal records in Tennessee
• Courts and legal systems that handle expunction requests

Terms To Know

Expunction

A process where a person's criminal record is cleared or erased after meeting certain conditions.

Sentence

The punishment given by a court for someone who has been found guilty of breaking the law.

Limits and Unknowns

• This bill was withdrawn and its current status is unknown.
• It only affects people whose sentences have ended within one year, not those with longer waiting periods under previous laws.

Official Summary Text

EXPUNCTION OF CERTAIN OFFENSES

Single Offense

Present law authorizes certain petitioners to file a petition for expunction of that per
son's public records when, at the time of the filing of the petition for expunction, at least five years have elapsed
since the completion of the sentence imposed for the offense if the offense is a misdemeanor or Class E felony
, or 10 years have
elapsed s
ince the completion of the sentence imposed for the offense if the offense is a Class C or D felony
. This bill reduces the number of years that must have elapsed from five and 10 years to one year.

Two Offenses

Present law authorizes certain petitione
rs to seek expunction of no more than two offenses if certain criteria is met, including,
at the time of the filing of the petition for expunction
,
at least five years have elapsed since the completion of the sentence imposed for the offense if the offense
is a misdemeanor or Class E felony
,
or 10 years have elapsed since the completion of the sentence imposed for the offense if the offense is a Class C or D felony.
This bill reduces the number of years that must have elapsed from five and 10 years to one
year.

Illegal Registration or Voting

Present law authorizes an eligible petitioner who was convicted of illegal registration or voting to petition for expunction of the offense but only one time. However, the petitioner must meet certain criteria, inc
luding, a
t the time of the filing of the petition for expunction, at least
1
5 years have elapsed since the completion of the sentence imposed for the offense
. This bill reduces the number of years that must have elapsed from 15 years to one year.

Current Bill Text

<BillNo> <Sponsor>

HOUSE BILL 451
By Glynn

HB0451
001052
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
40-32-101, relative to expunction.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-32-101, is amended by deleting
subdivision (g)(2)(B) and substituting:
(B) At the time of the filing of the petition for expunction, at least one (1) year has
elapsed since the completion of the sentence imposed for the offense the person is
seeking to have expunged; and
SECTION 2. Tennessee Code Annotated, Section 40-32-101, is amended by deleting
subdivision (k)(1)(C) and substituting:
(C) At the time of the filing of the petition for expunction, at least one (1) year
has elapsed since the completion of the sentence imposed for the offense the person is
seeking to have expunged;
SECTION 3. Tennessee Code Annotated, Section 40-32-101, is amended by deleting
subdivision (m)(1)(A) and substituting:
(A) At the time of the filing of the petition for expunction, at least one (1) year has
elapsed since the completion of the sentence imposed for the offense the person is
seeking to have expunged;
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.