| 1 | 1 | | |
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| 2 | 2 | | SENATE BILL 1349 |
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| 3 | 3 | | By Akbari |
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| 4 | 4 | | |
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| 5 | 5 | | HOUSE BILL 1391 |
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| 6 | 6 | | By Pearson |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | HB1391 |
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| 10 | 10 | | 003047 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 10; |
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| 14 | 14 | | Title 18 and Title 40, relative to expunction. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 40-32-101, is amended by adding |
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| 18 | 18 | | the following as a new subsection: |
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| 19 | 19 | | (p) |
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| 20 | 20 | | (1) Notwithstanding this section to the contrary, the clerks of each court |
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| 21 | 21 | | with criminal jurisdiction shall remove and destroy all public records of a |
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| 22 | 22 | | conviction for a Class E felony that is eligible for expunction under subdivision |
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| 23 | 23 | | (g)(1)(A) or a misdemeanor that is eligible for expunction under (g)(1)(B), one (1) |
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| 24 | 24 | | year after the person has completed any sentence imposed by the court. |
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| 25 | 25 | | (2) The court in which a person is convicted on or after July 1, 2025, of |
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| 26 | 26 | | an offense that must be expunged under subdivision (p)(1) shall notify the clerk |
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| 27 | 27 | | of the date the person completes the sentence imposed and sign an order of |
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| 28 | 28 | | expunction for the records of the conviction to be entered one (1) year from such |
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| 29 | 29 | | date. Upon the date of the expunction order, the clerk must remove and destroy |
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| 30 | 30 | | all public records of the conviction. |
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| 31 | 31 | | (3) Following the removal and destruction of all public records of the |
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| 32 | 32 | | conviction, the clerk must mail to the defendant's last known address a copy of |
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| 33 | 33 | | the order of expunction. Subdivisions (g)(12) and (13) apply to an order of |
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| 34 | 34 | | expunction issued pursuant to this subsection (p). |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | - 2 - 003047 |
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| 38 | 38 | | |
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| 39 | 39 | | (4) A person who was convicted prior to July 1, 2025, of an offense that |
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| 40 | 40 | | is eligible for expunction under subdivision (p)(1) may request the clerk of the |
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| 41 | 41 | | court in which the conviction occurred remove and destroy all public records of |
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| 42 | 42 | | the conviction. The clerk must notify the court of the request. Within thirty (30) |
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| 43 | 43 | | days of the request, the court shall determine whether the conviction is eligible |
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| 44 | 44 | | for automatic expunction under this subsection (p) and, if so, enter an order of |
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| 45 | 45 | | expunction. The clerk must notify the person by mail of the court's determination |
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| 46 | 46 | | and, if an order of expunction was entered, include a copy of the order of |
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| 47 | 47 | | expunction. A clerk is not required by this subsection (p) to destroy the records |
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| 48 | 48 | | of a conviction that occurred prior to July 1, 2025, unless the court enters an |
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| 49 | 49 | | order of expunction under this subdivision (p)(4). |
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| 50 | 50 | | (5) Automatic expunction pursuant to this subsection (p) must be done |
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| 51 | 51 | | without cost to the person. |
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| 52 | 52 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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