Expunction

Plain English Breakdown

The official source material does not provide specific details on how federal highway funds might be affected by this legislation, only that it is a potential concern.

Expunction for DUI Offenses

This bill allows people who have been convicted of driving under the influence to petition for expunction of other eligible criminal offenses if at least ten years have passed since their DUI conviction and they meet certain conditions.

What This Bill Does

• Allows a person to ask for an expunction (removal) of their criminal record for an offense that happened more than 10 years after a DUI conviction, as long as the offense is eligible under current law.
• Requires the person to have completed all parts of their sentence before asking for expunction.
• Limits eligibility if the person has already had one or more offenses expunged from their record.
• Does not allow someone who was convicted of a DUI while holding a commercial driver's license and committing the offense in a motor vehicle to ask for expunction under this bill.

Who It Names or Affects

• People with criminal records who have been convicted of driving under the influence (DUI) at least ten years ago.
• Courts that will handle petitions for expunction based on these new rules.

Terms To Know

Expunction

A legal process where a criminal record is removed or erased as if the offense never happened.

DUI

Driving Under the Influence, which means driving while impaired by alcohol or drugs.

Limits and Unknowns

• The bill does not specify how federal funds for highway projects might be affected if this legislation passes.
• People who were convicted of DUI and committed a drug-related offense in a vehicle are still ineligible to petition for expunction under current law, even with the new provisions.

Official Summary Text

Present law generally authorizes
an eligible petitioner to file a petition for expunction of that person
'
s public records involving a criminal offense if the following conditions are met:

(1)
T
he offense for which the person is seeking ex
punction occurred prior to any conviction for a criminal offense that is ineligible for expunction, including convictions for federal offenses and offenses in other states that would be ineligible for expunction in this state. However, a moving or nonmov
i
ng traffic offense is not a
disqualifying offense
;

(2)

The person
has not previously been granted expunction for another criminal offense;

(
3
) At the time of the filing of the petition for expunction, at least (i) five years have elapsed since the comp
letion 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 (ii) 10 years have elapsed since the completion of the sentence imposed for the offense the person is seeking to h
a
ve expunged, if the offense is a Class C or D felony; and

(
4
) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense, including (i) payment of all fines, restitution, court
costs and other assessments; (ii) completion of any term of imprisonment or probation; (iii) meeting all conditions of supervised or unsupervised release; and (iv) if so required by the conditions of the sentence imposed, remaining free from dependency on

or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one year.

Present law provides that a
person is not eligible
to
petition for
expunction
if the person was convicted of an offense involving the manu
facture, delivery, sale, or possession of a controlled substance and at the time of the offense the person held
:

(
1
) A commercial driver license,

and the offense was committed within a motor vehicle; or

(
2
) Any driver license and the offense was commi
tted within a commercial motor vehicle.

This bill authorizes a person to petition for expunction for an offense that is eligible for expunction under present law, if:

(1) The offense

o
ccurred at least 10

years after the person's conviction for
DUI
;

(
2
)
The petitioner
fulfilled all requirements of the sentence imposed by the court for the offense the person is seeking to expunge
;

(
3
)
The petitioner h
as not previously been granted expunction
for a conviction
; and

(
4
)
The petitioner h
as not been convicted of
DUI m
ore than on
c
e
.

This bill specifies that various provisions of present law apply to petitions for expunction under this bill. This bill does not specify that the present law provisions making a
person
in
eligible
to
petition
for
expunction

for offenses involving a controlled substance that were
committed within a motor vehicle
will apply to petitions filed under this bill.

Current Bill Text

HOUSE BILL 1346
By Reeves

SENATE BILL 1232
By Johnson

SB1232
001083
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 32, Part 1, relative to expunction of
criminal records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-32-101, is amended by adding
the following as a new subsection:
(p)
(1) Notwithstanding subsections (g), (k), and (m), effective July 1, 2025,
for purposes of this subsection (p), "eligible petitioner" means a person who:
(A) Is seeking expunction of an offense that:
(i) Is eligible for expunction under subdivision (g)(1); and
(ii) Occurred at least ten (10) years after the person's
conviction for an offense under § 55-10-401;
(B) Has fulfilled all requirements of the sentence imposed by the
court for the offense the person is seeking to expunge, including:
(i) Payment of all fines, restitution, court costs, and other
assessments for the offense;
(ii) Completion of any term of imprisonment or probation
for the offense; and
(iii) Meeting all conditions of supervised or unsupervised
release for the offense;
(C) Has not previously been granted expunction under subsection
(g), subsection (k), or subsection (m); and

- 2 - 001083

(D) Has not been convicted of an offense under § 55-10-401
more than one (1) time.
(2) A person may petition for expunction of an offense under this
subsection (p) only one (1) time.
(3) Subdivisions (g)(3)-(6), (8), (12), and (13) apply to a petition filed
under this subsection (p).
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.