Official Summary Text
Present law lists 40 Class E felony offenses that are eligible for expunction. Present law also generally authorizes expunction for misdemeanor offenses, except for
45 misdemeanor offenses that are listed in present law. Generally, a person who has been convicted of an offense that is eligible for expunction may file a petition for expunction if:
(
1
) The offense for which the person is seeking expunction is any of
fense that occurred prior to any conviction for a criminal offense that is ineligible for expunction;
(
2
) The person has not previously been granted expunction under
certain provisions of present law f
or another criminal offense;
(
3
) At the time of the
filing of the petition for expunction at least
f
ive years have elapsed since the completion of the sentence imposed for a misdemeanor or Class E felony;
and
(
4
) The person has fulfilled all the requirements of the sentence imposed by the court in which t
he individual was convicted of the offense
.
The district attorney general and the petitioner for expunction may file evidence with the court relating to a petition for expunction, prior to the court ruling on the petition.
This bill requires criminal c
ourt
clerks
to
remove and destroy all public records of a conviction for a Class E felony
or misdemeanor
that is eligible for expunction one year after the person has completed any sentence imposed by the court.
Under this bill, t
he court in which a pe
rson is convicted on or after July 1, 2025, of a Class E felony
or misdemeanor
that is eligible for expunction
will be required to
notify the clerk of the date the person completes the sentence imposed and sign an order of expunction for the records of the
conviction to be entered one year from such date. Upon the date of the expunction order, the clerk must remove and destroy all public records of the conviction.
Following the removal and destruction of all public records of the conviction, the clerk mus
t mail to the defendant's last known address a copy of the order of expunction.
This bill authorizes a
person who was convicted prior to July 1, 2025, of a Class E felony
or misdemeanor
that is eligible for expunction
to
request the clerk of the court
in which the conviction occurred
to
remove and destroy all public records of the conviction. The clerk must notify the court of the request
and, w
ithin 30 days
,
th
is bill requires the
court
to
determine whether the conviction is eligible for automatic exp
unction under this
bill
and, if so, enter an order of expunction. The clerk must notify the person by mail of the court's determination and, if an order of expunction was entered, include a copy of the order of expunction. A clerk is not required to dest
roy the records of a conviction that occurred prior to July 1, 2025, unless the court enters an order of expunction
pursuant to this bill
.
Automatic expunction
under this bill is to
be done without cost to the person.
Current Bill Text
Read the full stored bill text
SENATE BILL 1349
By Akbari
HOUSE BILL 1391
By Pearson
HB1391
003047
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 10;
Title 18 and Title 40, 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 adding
the following as a new subsection:
(p)
(1) Notwithstanding this section to the contrary, the clerks of each court
with criminal jurisdiction shall remove and destroy all public records of a
conviction for a Class E felony that is eligible for expunction under subdivision
(g)(1)(A) or a misdemeanor that is eligible for expunction under (g)(1)(B), one (1)
year after the person has completed any sentence imposed by the court.
(2) The court in which a person is convicted on or after July 1, 2025, of
an offense that must be expunged under subdivision (p)(1) shall notify the clerk
of the date the person completes the sentence imposed and sign an order of
expunction for the records of the conviction to be entered one (1) year from such
date. Upon the date of the expunction order, the clerk must remove and destroy
all public records of the conviction.
(3) Following the removal and destruction of all public records of the
conviction, the clerk must mail to the defendant's last known address a copy of
the order of expunction. Subdivisions (g)(12) and (13) apply to an order of
expunction issued pursuant to this subsection (p).
- 2 - 003047
(4) A person who was convicted prior to July 1, 2025, of an offense that
is eligible for expunction under subdivision (p)(1) may request the clerk of the
court in which the conviction occurred remove and destroy all public records of
the conviction. The clerk must notify the court of the request. Within thirty (30)
days of the request, the court shall determine whether the conviction is eligible
for automatic expunction under this subsection (p) and, if so, enter an order of
expunction. The clerk must notify the person by mail of the court's determination
and, if an order of expunction was entered, include a copy of the order of
expunction. A clerk is not required by this subsection (p) to destroy the records
of a conviction that occurred prior to July 1, 2025, unless the court enters an
order of expunction under this subdivision (p)(4).
(5) Automatic expunction pursuant to this subsection (p) must be done
without cost to the person.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.