SB 1232 - HB 1346
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 2, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
SB 1232 - HB 1346
SUMMARY OF BILL: Authorizes a person to petition for expunction of a conviction of
driving under the influence (DUI) 10 years after the conviction was issued, subject to the person
having met certain other conditions.
FISCAL IMPACT:
LOCAL GOVERNMENT
REVENUE Mandatory
FY25-26 & Subsequent Years $85,100
Assumptions:
• The proposed legislation stipulates that, among other eligibility requirements, the person
must not have been convicted of DUI more than one time.
• The available data for statewide convictions of DUI is not sufficiently detailed to determine
how many of those convictions are for first time offenses. However, the penalties
established for the offense in Tenn. Code Ann. § 55-10-402 stipulate that felony
enhancements are applicable at least upon an offender’s fourth conviction.
• Based on conviction data provided by the Administrative Office of the Courts, between
2019-2023, the average number of convictions statewide each year for a first, second or
third offense DUI is estimated to be approximately 12,150 convictions.
• For purposes of this analysis, it is reasonably assumed:
o 70 percent or 8,505 (12,150 x 70%) are for first offense DUI;
o 20 percent or 2,430 (12,150 x 20%) are for second offense DUI; and
o 10 percent or 1,215 (12,150 x 10%) are for third offense DUI.
• This analysis assumes that this number has remained and will remain relatively consistent
over previous and future decades.
• Per the proposed legislation, an eligible petitioner must also have:
o Paid all fines, restitution, court costs, and other assessments for the offense;
o Completed any term of imprisonment or probation for the offense; and
o Met all conditions of supervised or unsupervised release.
• The precise number of persons convicted of a first offense DUI, who does not reoffend,
and who will meet all of the required conditions and seek to have their offense expunged at
least 10 years after the person received the conviction is unknown.
• It is reasonably assumed that at least 10 percent of DUI offenders will meet these criteria
and seek an expunction each year, or 851 (8,505 estimated offender x 10%) petitioners.
SB 1232 - HB 1346 2
• 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.
• Therefore, the proposed legislation is estimated to result in an increase in local revenue
estimated to be $85,100 (851 petitioners x $100) in FY25-26 and subsequent years.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director