Expunction

Plain English Breakdown

The bill did not pass and was stopped by a committee.

Changes to Expunction Rules

This bill changes how long someone must wait after finishing their sentence before they can ask for certain criminal records to be erased.

What This Bill Does

• Reduces the waiting time from five years to three years for misdemeanors and Class E felonies.
• Shortens the waiting period from ten years to six years for Class D felonies.
• Keeps the waiting period at ten years for Class C felonies.

Who It Names or Affects

• People who want to erase certain criminal records from public view.
• Courts and law enforcement agencies that handle expunction requests.

Terms To Know

Expunction

A legal process where a person's criminal record is erased or sealed, making it as if the offense never happened.

Felony

A serious crime that can result in more than one year of imprisonment.

Limits and Unknowns

• The bill did not pass and was stopped by a committee.
• It only affects certain types of criminal offenses, not all crimes.
• People with Class C felonies still have to wait ten years before they can ask for expunction.

Official Summary Text

Present law provides that an eligible petitioner may file a petition for expunction of that person
'
s public records involving a criminal offense if, among other things
, at the time of filing the petition for the expunction at least:

(1) Five years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony; or

(2)
Ten years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class C or D felony.

This
bill
revises
such

eligibility criteria
to
instead
provide that at the time of fili
ng the petition for the expunction at least:

(1) Three years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony;

(2) Six years have elapse
d since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class D felony; or

(
3) Ten years have elapsed since the completion of the sentence imposed for the offense the person is seeking to
have expunged, if the offense is a Class C felony.

Present law provides that for certain provisions of expunction laws, "eligible petitioner" means a person who was convicted of no more than two offenses and, among other things, at the time of the filin
g of the petition for expunction at least:

(1) Five years have elapsed since the completion of the sentence imposed for the most recent offense, if the offenses were both misdemeanors or a Class E felony and a misdemeanor; and

(2) Ten years have elaps
ed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class C or D felony.

This
bill revises such eligibility criteria
to
instead
provide that at the time of filing the petition for the expunction at le
ast:

(1) Three years have elapsed since the completion of the sentence imposed for the most recent offense, if the offenses were both misdemeanors or a Class E felony and a misdemeanor;

(
2) Six years have elapsed since the completion of the sentence i
mposed for the most recent offense, if one of the offenses was a Class D felony; or

(3) Ten years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class C felony.

Current Bill Text

SENATE BILL 956
By Lamar

HOUSE BILL 1081
By Camper

HB1081
003171
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to expunction of certain
offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-32-101(g)(2)(B), is amended by
deleting the subdivision and substituting instead:
(B) At the time of the filing of the petition for expunction at least:
(i) Three (3) years have elapsed since the completion of the sentence
imposed for the offense the person is seeking to have expunged, if the offense is
a misdemeanor or Class E felony;
(ii) Six (6) years have elapsed since the completion of the sentence
imposed for the offense the person is seeking to have expunged, if the offense is
a Class D felony; or
(iii) Ten (10) years have elapsed since the completion of the sentence
imposed for the offense the person is seeking to have expunged, if the offense is
a Class C felony; and
SECTION 2. Tennessee Code Annotated, Section 40-32-101(k)(1)(C), is amended by
deleting the subdivision and substituting:
(C) At the time of the filing of the petition for expunction at least:
(i) Three (3) years have elapsed since the completion of the sentence
imposed for the most recent offense, if the offenses were both misdemeanors or
a Class E felony and a misdemeanor;

- 2 - 003171

(ii) Six (6) years have elapsed since the completion of the sentence
imposed for the most recent offense, if one (1) of the offenses was a Class D
felony; or
(iii) Ten (10) years have elapsed since the completion of the sentence
imposed for the most recent offense, if one (1) of the offenses was a Class C
felony;
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.