Tennessee House Bill HB0281

Tennessee 2023-2024 Regular Session

• Introduced: 1/19/23
• Refer: 1/21/23
• Refer: 2/14/23
• Refer: 2/21/23
• Engrossed: 2/28/23
• Enrolled: 4/18/23
• Passed: 5/5/23
• Chaptered: 5/18/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 18, Part 3 and Title 40, relative to expunction.

Impact

This legislation will significantly impact how municipalities handle expunction. By empowering municipal courts to manage petitions for expungement directly, the process becomes more accessible for individuals seeking to clear their records. The amendment is designed to encourage compliance with community standards and reduce barriers for those looking for employment or housing after minor legal infractions. This change could potentially harmonize the practices across various municipal courts, creating a more standardized approach to handling expungements.

Summary

House Bill 281 (HB0281), sponsored by Representative Baum, aims to amend the Tennessee Code to enhance the process of expunging municipal ordinance violations from an individual's public record. The bill provides municipal courts with the jurisdiction to grant petitions for expunction after a period of 180 days since the completion of the imposed penalty, ensuring that individuals who have met their judgment requirements can seek relief from their records. The law aims to facilitate reintegration into society for individuals who have committed minor infractions, thereby allowing them to move forward without the stigma associated with past violations.

Sentiment

The sentiment surrounding HB0281 is generally positive among legislators and advocacy groups aiming to support reintegration and reduce the long-term impacts of minor offenses on individuals’ lives. Supporters argue that the bill is a step toward restorative justice, allowing past offenders to overcome their mistakes without continued public scrutiny. However, there may also be concerns from those who view any reduction in consequences for violations as potentially undermining public safety or community standards.

Contention

Notable points of contention include the balance between public safety and individual rights. While proponents emphasize rehabilitation and the necessity of granting second chances, opponents may express worries that too lenient a system could lead to a lack of accountability for ordinance violations. Another point of debate may revolve around the fees associated with the expunction process, which are determined by municipal law, potentially leading to disparities in access depending on the wealth of the municipality.