Tennessee Senate Bill SB1215

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Chaptered: 5/18/23
• Passed: 5/18/23

Caption

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

Impact

The bill significantly impacts existing state laws regarding the expunction process, which previously may not have included stipulations for municipal violations. By specifying the jurisdiction of municipal courts to handle expunction requests linked to ordinance violations, SB1215 provides a clearer pathway for individuals facing the stigma of minor offenses. The introduction of a fee structure for expunctions, as established by local ordinances, may also lead to differences in access and affordability across various municipalities, potentially affecting the implementation of this law in practice.

Summary

Senate Bill 1215 is a legislative proposal aimed at amending the Tennessee Code Annotated to allow municipal courts to expunge certain violations of municipal ordinances from individuals' public records. The main provision introduced by the bill permits a municipal court to grant expunction if a person petitions for the removal of their record after a specified waiting period of 180 days since completing their imposed penalty, provided they have fulfilled all related requirements, including payment of fines. This legislative measure seeks to enhance the ability of individuals to remove non-felonious offenses from their records, thereby reducing barriers associated with employment and other opportunities due to minor violations.

Sentiment

General sentiment around SB1215 appears to be supportive among legislators, with the bill receiving a favorable vote in committee with 8 yeas to 1 nay. Proponents argue that this bill is a significant step towards protecting individuals from the long-term repercussions of minor ordinance violations, which can disproportionately affect marginalized communities. However, the solitary dissenting vote may highlight concerns from some legislators about the implications of fee structures and the potential inconsistency in how expunction is applied across different municipalities.

Contention

While the bill presents a positive outlook for individuals seeking to have their records cleared, notable points of contention arise regarding the fees attached to the expunction process administered by municipal clerks. The potential for unequal access based on varying local laws raises questions about fairness and equity in executing the provisions of this bill. Critics may argue that without a standardized fee structure, those in lower socioeconomic circumstances might remain disadvantaged, unable to afford the costs associated with expunging their records, thereby questioning the overall efficacy of the bill in achieving its intended rehabilitative goals.