HB 689 - SB 1177
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 21, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
HB 689 - SB 1177
SUMMARY OF BILL: Authorizes court clerks in certain counties to implement an
automatic expunction processing program that initiates processing the expunction of public records
for certain offenses without petition by the person, certification of eligibility from the TBI, or court
order in certain limited circumstances. Requires the court clerks, to maintain a confidential record of
all such cases expunged that is only accessible by the person whose records were expunged, law
enforcement agencies, courts or other governmental agencies. Specifies that court clerks are not
responsible for the continued maintenance of an expungement program and are not liable for any
errors or omissions under the program.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 40-32-101(a)(3), upon petition by a defendant in the court
that entered a nolle presequi in the defendant’s case, the court shall order all public records
expunged.
• Pursuant to Tenn. Code Ann. §§ 40-32-101(e)(1) and (3), a fee is not charged to a person
who is petitioning a court for expunction of records because the charge against the person
was dismissed for a reason other than the successful completion of a diversion program or
a verdict of not guilty was returned.
• The proposed legislation only authorizes the automatic expunction of records that are
expunged under these provisions at no cost under current law; therefore, any decrease in
revenue related to expungement fees is estimated to be not significant.
• According to the 2020 federal census, there are four counties in the state with populations
greater than or equal to 366,200 – Shelby, Davidson, Hamilton, and Knox.
• Based on information provided by the Tennessee Court Clerks Association, only some of
the eligible counties are expected to implement an automatic expungement program. In
such counties, the cost associated with such implementation is estimated to be minimal.
• Any fiscal impact to state or local government is therefore estimated to be not significant.
HB 689 - SB 1177 2
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director