Expunction

Plain English Breakdown

The bill text does not explicitly state that court clerks are exempt from responsibility for the continued maintenance of the expungement program, only that they are not liable for any errors or omissions under the program.

Automatic Expunction Processing in Large Counties

This bill allows court clerks in four specific Tennessee counties to automatically process expungements of criminal records without needing a petition from the person or an order from the court.

What This Bill Does

• Allows court clerks in Hamilton County, Knox County, Davidson County, and Shelby County to initiate automatic expunction processing for eligible individuals without requiring a petition by the individual, certification under current law, or an order from the court.
• Requires other agencies and officials to treat notices from court clerks about expungements as if they were orders from a judge.
• Requires court clerks to maintain confidential records of all cases where expungement happens automatically, which can only be seen by the person whose record was expunged or certain government agencies.

Who It Names or Affects

• People in Hamilton County, Knox County, Davidson County, and Shelby County who are eligible for expungement under Tennessee law.
• Court clerks in the specified counties.
• Agencies and officials that receive notices about automatic expunctions.

Terms To Know

Expunction

A legal process where criminal records are erased or sealed, making them unavailable to the public.

Petition

An official request made to a court for a specific action.

Limits and Unknowns

• The bill only applies to four counties in Tennessee with large populations.
• It does not specify how the automatic expunction program will be funded or implemented.

Official Summary Text

This bill authorizes court clerks in Hamilton County, Knox County, Davidson County, and Shelby County to
implement an automatic expungement processing pr
ogram that initiates processing the expungement of public records, without petition by the person, certification under
present law
, or order of the court, of any person entitled to an expungement without cost
.
Upon notice from the court clerk of an expung
ement under this
bill
, other agencies and officials
must
treat such notice the same as the receipt of an order of expungement from the court. The court clerk
must
maintain a confidential record of all cases expunged under this
bill,
which is only accessib
le by the person whose records were expunged, law enforcement agencies, courts, or other governmental agencies performing official functions. Court clerks are not responsible for the continued maintenance of an expungement program under this
bill
and are
not liable for any errors or omissions under the program.

Current Bill Text

HOUSE BILL 689
By Camper

SENATE BILL 1177
By Akbari

SB1177
002607
- 1 -

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

WHEREAS, counties with a larger population tend to face a criminal docket with many
defendants, and the related records quickly accumulate and can become overly burdensome;
and
WHEREAS, counties with a larger population tend to have a large staff in the court
clerk's office, which enables them to process expungements with less difficulty; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-32-101(a)(1), is amended by
adding the following as a new subdivision:
(G) Notwithstanding this section to the contrary, in a county having a population
of three hundred sixty-six thousand two hundred (366,200) or more, according to the
2020 federal census or any subsequent federal census, court clerks are authorized to
implement an automatic expungement processing program that initiates processing the
expungement of public records, without petition by the person, certification under
subsection (n), or order of the court, of any person entitled to an expungement without
cost pursuant to subdivisions (a)(3), (e)(1), or (e)(3). Upon notice from the court clerk of
an expungement under this subdivision (a)(1)(G), other agencies and officials shall treat
such notice the same as the receipt of an order of expungement from the court. The
court clerk shall maintain a confidential record of all cases expunged under this
subdivision (a)(1)(G), which is only accessible by the person whose records were
expunged, law enforcement agencies, courts, or other governmental agencies

- 2 - 002607

performing official functions. Court clerks are not responsible for the continued
maintenance of an expungement program under this subdivision (a)(1)(G) and are not
liable for any errors or omissions under the program.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.