Expunction

Plain English Breakdown

The official source material does not provide details on how the bill affects eligibility for expunging multiple offenses. The summary provided in the candidate explanation was narrowed down to reflect only what is explicitly stated in the official text.

Changes to Expunction Rules in Tennessee

This bill changes the waiting period for expunging certain criminal records from five years to three years for misdemeanors and Class E felonies, and from ten years to six years for Class D felonies.

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 their criminal records expunged in Tennessee.

Terms To Know

Expunction

The process of removing or destroying a record of an arrest, charge, indictment, conviction, or sentence from public view.

Felony

A serious crime that is punishable by more than one year in prison.

Limits and Unknowns

• The bill does not change the rules for Class C felonies.
• It only affects people who are eligible to have their records expunged under Tennessee law.
• This act will take effect on July 1, 2025.

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

HOUSE BILL 1081
By Camper

SENATE BILL 956
By Lamar

SB0956
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.