Expunction

Plain English Breakdown

The official source material does not provide specific details on how many people will be affected by this change.

Expunction Law Changes

This bill changes the waiting period for people convicted of certain Class D felonies in Tennessee to eight years before they can ask to have their criminal records erased.

What This Bill Does

• Changes the waiting period from ten years to eight years for individuals who were convicted of a Class D felony after November 1, 1989, if they want their public records involving that crime removed.

Who It Names or Affects

• People who have been convicted of certain Class D felonies in Tennessee and want their criminal records erased.
• Courts that handle expunction requests from people with these convictions.

Terms To Know

Expunction

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

Class D Felony

A type of serious crime in Tennessee that has specific penalties and consequences.

Limits and Unknowns

• The bill does not specify what happens to people who were convicted before November 1, 1989.
• It is unclear how many people will be affected by this change or if there are any additional requirements for expunction beyond the waiting period.

Official Summary Text

Present law authorizes an eligible petitioner to file a petition for expunction of that person's public records involving a criminal offense if, at the time of filing, at least 10 y
ears have elapsed since the completion of the sentence imposed for the offense if the offense is a Class C or D felony. This bill revises this provision to, instead, require at least eight years to have elapsed if the
offense is a Class
D
felony
.

As use
d in this bill, an "eligible petitioner" includes a person who
was convicted of one of the following Class D felonies committed on or after November 1, 1989
:



Theft of property
;


Theft of services
;


Extortion
;


Forgery
;


Criminal simulation
;


Illegal possession or fraudulent use of credit card or debit card
;


Worthless checks
;


Destruction of valuable papers
;


False or fraudulent insurance claims
;


Fraudulent qualifying for set-aside programs
;


Theft of trade secrets
;


Sale of recorded live performances without consent
;


Fraudulent transfer of motor vehicle valued at $20,000 or more
;


Communication theft
;


Identity theft
;


Use of a counterfeit mark or logo
;


Home improvement fraud
;


Burglary — other than habitation or automobile
;


Vandalism
;


Violation of Tennessee Personal and Commercial Computer Act
;


Unsolicited bulk electronic mail
;


False report to law enforcement not involving bomb, fire, or emergency
;


Manufacture, deliver, sale, or possession of Schedule III drug (fine not greater than $50,000)
;


Manufacture, deliver, sale, or possession of Schedule IV drug (fine not greater than $50,000)
;


Manufacture, deliver, sale, or possession of certain Schedule VI drugs (fine not greater than $50,000)
;


Prescribing or selling steroid for unlawful purpose
;


Promoting manufacture of methamphetamine;


Produce, manufacture, delivery, sale, or possession of hallucinogenic plant salvia divinorum or the synthetic cannabinoids (first violation)
;


Manufacture, deliver, dispense, sell, or possess with intent to manufacture, deliver, dispense, or sell a controlled substance analogue (first violation)
;


Making counterfeit or altering lottery ticket (fine not greater than $50,000)
;


Making materially false statement on lottery application or record
;


Unauthorized person conducting charitable gaming event
; or


Drug fraud.

Current Bill Text

HOUSE BILL 835
By Keisling

SENATE BILL 761
By Yager

SB0761
002441
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 32, relative to expunction.

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:
(B) At the time of the filing of the petition for expunction at least:
(i) Five (5) 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) Eight (8) 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. This act takes effect upon becoming a law, the public welfare requiring it.