Tennessee House Bill HB0541

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/23
• Refer: 2/1/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 8; Title 9, Chapter 8; Title 10, Chapter 7; Title 16; Title 18; Title 20; Title 21; Title 27; Title 28; Title 29; Title 50, Chapter 6 and Title 66, relative to court records in civil actions.

Impact

The introduction of HB 541 has significant implications for how court records are managed within the state. If passed, it will empower individuals to effectively erase their civil action records, providing a fresh start for those who have previously been involved in such cases. The bill specifies that the presumption should be in favor of granting the petition for record destruction unless there is a compelling interest for the court to deny it. Additionally, the Administrative Office of the Courts is mandated to create a simplified form to facilitate this process by September 1, 2023.

Summary

House Bill 541 is designed to amend various titles in the Tennessee Code Annotated, specifically concerning court records in civil actions. This bill introduces a mechanism that allows individuals to petition for the removal and destruction of public records associated with civil actions, provided certain conditions are met. The bill seeks to enhance individuals' rights by enabling them to eliminate records of civil proceedings under specific circumstances, such as when an action is dismissed with prejudice or a satisfaction of judgment is entered.

Sentiment

The sentiment surrounding HB 541 appears to be largely positive among proponents who argue that the bill will support individuals looking to remove the stigma attached to past civil actions. Advocates believe that this bill addresses important issues of privacy and rehabilitation, allowing citizens to move on from their past without enduring the negative consequences tied to public records. However, opponents might raise concerns about potential abuse of this law or the implications it may have for public transparency.

Contention

There are notable points of contention regarding the potential ease with which civil records can be expunged. Critics may argue that automatic removals could hinder public access to records that are essential for legal and historical accountability. Additionally, there are debates surrounding the safeguards put in place to prevent misuse of this bill, including how courts will handle objections from other parties involved in the civil actions. The bill's framework aims to balance individual privacy with the public's right to access court records, which might lead to further discussions about the best approach to managing such records.