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SB2197 • 2026

Expunction

AN ACT to amend Tennessee Code Annotated, Title 40, relative to expungements following a pardon.

Children Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Johnson, Garrett
Last action
2026-04-14
Official status
Signed by Governor.
Effective date
Not listed

Plain English Breakdown

The bill text does not provide details on the exact criteria and process for determining if an offense was violent, leaving some uncertainty in this area.

Expunction Law Changes

This bill changes Tennessee's expungement laws to allow certain violent offenses to be expunged if a person has been pardoned and does not meet specific criteria.

What This Bill Does

  • Removes the requirement that a person must have been convicted of a nonviolent crime to apply for an expunction.
  • Lists seven felony offenses that cannot be expunged, including murder, kidnapping, child abuse, robbery, terrorism, and certain sexual offenses involving minors or requiring registration as a sex offender.
  • Requires courts to consider whether the offense was violent when deciding if it should be expunged after a pardon.

Who It Names or Affects

  • People who have been convicted of certain felonies and are seeking to have their records expunged after receiving a pardon.
  • Courts that will now consider different factors when deciding on expunction requests.

Terms To Know

Expunction
A legal process where a criminal record is erased or sealed, making it as if the conviction never happened.
Pardon
An official act by which a government authority sets aside the punishment for a crime.

Limits and Unknowns

  • The bill does not specify when exactly it will take effect.
  • It is unclear how many people will be affected by these changes to expunction laws.
  • The exact criteria and process for determining if an offense was violent are not detailed in the summary.

Bill History

  1. 2026-04-14 Tennessee General Assembly

    Signed by Governor.

  2. 2026-04-02 Tennessee General Assembly

    Transmitted to Governor for action.

  3. 2026-04-02 Tennessee General Assembly

    Signed by H. Speaker

  4. 2026-04-01 Tennessee General Assembly

    Signed by Senate Speaker

  5. 2026-04-01 Tennessee General Assembly

    Enrolled and ready for signatures

  6. 2026-03-30 Tennessee General Assembly

    Passed H., Ayes 82, Nays 1, PNV 10

  7. 2026-03-30 Tennessee General Assembly

    Subst. for comp. HB.

  8. 2026-03-30 Tennessee General Assembly

    Sponsor(s) Added.

  9. 2026-03-30 Tennessee General Assembly

    Comp. SB subst.

  10. 2026-03-26 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  11. 2026-03-26 Tennessee General Assembly

    H. Placed on Consent Calendar for 3/30/2026

  12. 2026-03-25 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/26/2026

  13. 2026-03-23 Tennessee General Assembly

    Engrossed; ready for transmission to House

  14. 2026-03-23 Tennessee General Assembly

    Passed Senate, Ayes 29, Nays 0

  15. 2026-03-23 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  16. 2026-03-20 Tennessee General Assembly

    Placed on Senate Consent Calendar 2 for 3/23/2026

  17. 2026-03-18 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/23/2026

  18. 2026-03-18 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/25/2026

  19. 2026-03-17 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  20. 2026-03-16 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/17/2026

  21. 2026-03-16 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/17/2026

  22. 2026-03-11 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/16/2026

  23. 2026-03-11 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/18/2026

  24. 2026-03-10 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  25. 2026-03-04 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/11/2026

  26. 2026-03-04 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 3/11/2026

  27. 2026-02-25 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/4/2026

  28. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  29. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  30. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  31. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  32. 2026-02-03 Tennessee General Assembly

    Filed for introduction

  33. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  34. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law authorizes certain eligible petitioners to apply for expunction of a conviction if certain requirements are met. One such requirement for a
person who was convicted of a nonviolent crime
is that such person must p
etition the court in which the petitioner was convicted of the offense and the judge
found
that the offense was a nonviolent crime
. This bill removes this provision and provides, instead, that an
eligible petitioner means a person who
p
etitioned the court in which the petitioner was
convicted of the offense and the judge
found
the conviction was not for one of the following felony offenses, or an attempt, conspiracy, facilitation, or solicitation to commit one of the following felonies:



First degree murder


Second degree murder


Especially aggravated kidnapping


Aggravated child abuse


Especially aggravated robbery


Commission of act of terrorism


A sexual offense for which the offender is required to register as a sexual offender or violent sexual offender or any sexual offense involving a minor

If the petitioner is an eligible petitioner pursuant to
the above
, th
is bill requires the
court
to
consider, in weighing the best interests of justice and public safety, whether the offense sought to be expunged was violent and any other relevant factors presented by the petitioner and the district attorney general.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 2452
By Garrett

SENATE BILL 2197
By Johnson
SB2197
011737
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
relative to expungements following a pardon.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-32-107(d)(1), is amended by
deleting the language "was convicted of a nonviolent crime if the person".
SECTION 2. Tennessee Code Annotated, Section 40-32-107(d)(1)(A), is amended by
deleting the subdivision and substituting:
(A) Petitioned the court in which the petitioner was convicted of the offense and
the judge finds the conviction was not for one (1) of the following felony offenses, or an
attempt, conspiracy, facilitation, or solicitation to commit one (1) of the following felonies:
(i) Section 39-13-202 - First degree murder;
(ii) Section 39-13-210 - Second degree murder;
(iii) Section 39-13-305 - Especially aggravated kidnapping;
(iv) Section 39-15-402 - Aggravated child abuse;
(v) Section 39-13-403 - Especially aggravated robbery;
(vi) Section 39-13-805 - Commission of act of terrorism; or
(vii) A sexual offense for which the offender is required to register as a
sexual offender or violent sexual offender under chapter 39, part 2 of this title, or
any sexual offense involving a minor;
SECTION 3. Tennessee Code Annotated, Section 40-32-108(d)(2), is amended by
deleting the subdivision and substituting:
(2) In making a decision on the petition, the court shall weigh the interest of the
petitioner against the best interests of justice and public safety. If the petitioner is an

- 2 - 011737

eligible petitioner pursuant to § 40-32-107(a)(1)(A)-(E) and meets the applicable
requirements in § 40-32-107, then there is a rebuttable presumption that the petition
should be granted. If the petitioner is an eligible petitioner pursuant to § 40-32-107(d),
the court shall consider, in weighing the best interests of justice and public safety,
whether the offense sought to be expunged was violent and any other relevant factors
presented by the petitioner and the district attorney general.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.