Plain English Breakdown
The bill summary and text do not provide specific details about the factors beyond violence that courts will consider, leaving room for interpretation.
Expunction Law Changes
This bill changes Tennessee's expungement laws to allow certain offenses to be expunged after a pardon if they are not among specific violent felonies.
What This Bill Does
- Removes the requirement that an offense must be nonviolent for expungement after a pardon.
- Lists seven felony offenses that cannot be expunged, including murder, kidnapping, child abuse, robbery, terrorism, and certain sexual crimes involving minors or requiring registration as a sex offender.
- Requires courts to consider whether an offense was violent when deciding if it should be expunged.
Who It Names or Affects
- People who have been convicted of certain felonies and have received a pardon.
- Courts that handle expungement requests.
- District attorneys general involved in reviewing expungement cases.
Terms To Know
- Expunction
- A legal process where criminal records are destroyed or sealed, making it as if the crime never happened.
- Pardon
- An official act by a government authority that forgives someone for a crime and removes any penalties associated with it.
Limits and Unknowns
- The bill does not specify how courts should weigh the best interests of justice and public safety when considering expungement requests.
- It is unclear what specific factors beyond whether an offense was violent will be considered by the court in making decisions on expungements.