Tennessee House Bill HB0831

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/23
• Refer: 2/2/23
• Refer: 2/28/23
• Refer: 3/7/23
• Refer: 4/18/23
• Engrossed: 4/20/23
• Enrolled: 4/28/23
• Passed: 5/11/23
• Chaptered: 5/19/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6 and Title 40, Chapter 32, relative to expunction.

Impact

If enacted, HB 831 will significantly impact the expunction process in Tennessee. Specifically, the bill will require courts to obtain a TBI-issued certificate before granting expunction orders starting January 1, 2024. This change aims to streamline the process but may also create additional steps for individuals seeking to erase their criminal records, thus affecting their access to legal remedies. Supporters believe it will enhance the integrity of the expunction process by ensuring that individuals only eligible for expunction are considered, promoting fair judicial practices.

Summary

House Bill 831 aims to amend specific sections of the Tennessee Code Annotated, particularly those relating to the expunction of criminal records. The bill mandates the use of a request for certification form developed by the Tennessee Bureau of Investigation (TBI), which must be submitted prior to the court entering an order of expunction. This procedure is pivotal for individuals seeking to clear their arrest records, as it establishes a more structured process for determining eligibility for expunction based on the arrest history.

Sentiment

The sentiment regarding HB 831 appears predominantly supportive among lawmakers and advocacy groups that focus on criminal justice reform. Many see this legislation as a necessary update to existing laws that can help individuals affected by past arrests reintegrate into society by allowing them to clear their records efficiently. However, some critics express concerns about the new bureaucratic requirements placed on individuals and the courts, arguing that it may hinder rather than help those in need of expunction.

Contention

The notable points of contention surrounding HB 831 revolve around the implications of the new procedural requirements. While proponents argue that requiring a TBI certification increases the credibility of the expunction process, opponents highlight potential delays and extra burdens on individuals seeking to have their records expunged. Additionally, there are questions regarding the efficiency and fairness of the proposed TBI certification process, especially its impact on individuals with limited resources or legal knowledge.