Expunction

Plain English Breakdown

The candidate explanation includes details about the bill's status and effective date which are not relevant in the summary.

Expunction for Certain Criminal 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 file a request to remove from public records an eligible criminal offense that happened at least ten years after a DUI (driving under the influence) conviction.
• Requires the person to have completed all parts of their sentence for the crime, including paying fines and completing probation or jail time.
• Limits eligibility to people who haven't been granted expunction before and who have not had more than one DUI conviction.

Who It Names or Affects

• People convicted of driving under the influence (DUI) in Tennessee
• Individuals with criminal records seeking to remove eligible offenses from public view

Terms To Know

Expunction

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

Eligible Petitioner

A person who meets the requirements set by law to file for expunction.

Limits and Unknowns

• The bill does not specify if certain existing laws about expunction will apply, such as those involving controlled substances in motor vehicles.
• It is unclear how this change might affect federal funding for Tennessee's transportation department.

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) The offense for which the person is seeking expunction 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 ex
punction in this state. However, a moving or nonmoving 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 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
(ii) 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 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 p
ro
hibited 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 manufacture, 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 committed 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 occurred 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 has not previously been granted expunction for a conviction; and

(4) The petitioner has not been convicted of DUI more than once.

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 ineligible to petition for expunction for offenses involving a contr
olled substance that were committed within a motor vehicle will apply to petitions filed under this bill.

ON APRIL 16, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1232, AS AMENDED.

AMENDMENT #1 makes the following revisions:



Names the bill the "
Recovery Court Renewal Act
."



Requires a person to have
successfully completed a certified recovery court program
to be an eligible petitioner.



Removes the limitation that a person may only petition for expunction of an offense under the provisions of this bill once.



Requires a
person seeking expunction pursuant to this
bill to
petition the court
according to present law p
rocedure
s
for
the
expunction of criminal records
.



Prohibits a
court
from
grant
ing
an expunction under this
amendment
if the offense the person is seeking to expunge involves a motor vehicle and the use of alcohol or a controlled substance
.



Changes the effective date of this bill from upon becoming a law to July 1, 2026.

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.