Plain English Breakdown
The bill summary and text do not provide specific details on how courts should weigh public safety concerns against the interests of petitioners or what other relevant factors will be considered beyond whether an offense was violent.
Expunction Law Changes
This bill amends Tennessee's expungement laws to allow certain violent offenses to be expunged after a pardon if they do not fall under specific felony categories.
What This Bill Does
- Removes the requirement that only nonviolent crimes can be expunged after a pardon.
- Lists seven types of felony offenses that cannot be expunged, including murder, kidnapping, child abuse, robbery, terrorism, and certain sexual offenses involving minors or requiring registration as a sex offender.
- Requires courts to consider whether an offense was violent when deciding if it can be expunged after a pardon.
Who It Names or Affects
- People who have been convicted of certain felonies and are seeking to have their records expunged after receiving a pardon.
Terms To Know
- Expunction
- The process by which criminal records are destroyed or sealed, making it difficult for the public to access them.
- Pardon
- An official act of forgiveness granted by a government authority that may restore certain rights and clear a person's record.
Limits and Unknowns
- The bill does not specify how the courts should weigh public safety concerns against the interests of petitioners.
- It is unclear what specific factors beyond whether an offense was violent will be considered by the court in making its decision.