SB 490 – HB 1026
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 6, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
SB 490 – HB 1026
SUMMARY OF BILL: Permits the expunction of a Class E felony conviction for official
misconduct.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Tenn. Code Ann. § 40-32-101(g)(1)(A) authorizes persons who meet certain eligibility
requirements to petition a court for the expunction of various Class E felony convictions.
• The proposed legislation expands the Class E felony convictions that are eligible for
expunction to include official misconduct.
• Pursuant to Tenn. Code Ann. § 39-16-402(a), a public servant commits an offense who,
with intent to obtain a benefit or to harm another, intentionally or knowingly:
o Commits an act relating to the public servant's office or employment that
constitutes an unauthorized exercise of official power;
o Commits an act under color of office or employment that exceeds the public
servant's official power;
o Refrains from performing a duty that is imposed by law or that is clearly inherent in
the nature of the public servant's office or employment;
o Violates a law relating to the public servant's office or employment; or
o Receives any benefit not otherwise authorized by law.
• Pursuant to Tenn. Code Ann. § 8-21-401(d)(3), a court clerk is authorized to charge a $100
fee to process petitions for expunction.
• It is assumed that permitting the expunction of Class E felony convictions for official
misconduct will not result in a significant increase in the overall number of petitions filed.
• Any fiscal impact to state or local government is estimated to be not significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director