AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to expunction.
Impact
If enacted, SB1933 will significantly alter the current framework surrounding criminal record expunction in Tennessee. This bill is designed to facilitate opportunities for individuals who may have been sidelined due to their past offenses, specifically targeting those who have demonstrated a substantial period of law-abiding behavior following their conviction. The emphasis on age and the length of time since the offense suggests a focus on rehabilitating older individuals and recognizing the likelihood of personal reform with age.
Summary
Senate Bill 1933 proposes amendments to the Tennessee Code regarding the expunction of criminal records. The bill allows individuals who were convicted of certain non-violent offenses to petition for the expunction of their records, provided they meet specific criteria. Notably, the bill defines an 'eligible petitioner' as someone who has completed their sentence, has no current arrests or convictions, and is at least 65 years old. The intent behind this legislation is to offer a pathway for older individuals to clear their criminal history, thereby aiding in their reintegration into society and improving their quality of life.
Contention
There are notable points of contention surrounding SB1933, particularly regarding which offenses are excluded from eligibility for expunction. The bill explicitly states that serious offenses such as sexual crimes and violent felonies, as well as charges like driving under the influence, will not qualify for expunction. Critics may argue that this creates an uneven playing field, leaving certain individuals without the chance for redemption while others may benefit from the bill's provisions. Additionally, the requirement for a waiting period before petitioning may also be seen as a barrier, leading to debates about fairness and access to justice for older individuals seeking a second chance.