Relating to the procedures for the expunction of arrest records and files; authorizing a fee.
Impact
The bill revises existing procedures and requirements surrounding expunctions, potentially leading to increased access for individuals seeking to clear their records. The introduction of fees for certain processes, such as a $25 charge for manually processing expunction petitions for agencies unable to receive electronic submissions, aims to create a more efficient system while also generating revenue. However, it raises questions about accessibility, as charging fees may disproportionately affect low-income individuals seeking expunctions.
Summary
House Bill 2328 introduces amendments to the Code of Criminal Procedure concerning the expunction of arrest records and files. It aims to streamline the process by which individuals can petition for the removal of arrest records from public view, reflecting a growing recognition of the importance of minimizing the long-term impact of arrests on individuals' lives. The bill specifies the information required in a petition for expunction, making it clear what details must be included, such as personal identifiers and details related to the arrest.
Contention
One notable point of contention surrounding HB 2328 is the introduction of fees associated with expunction proceedings. Advocates for criminal justice reform argue that any fees could hinder individuals from pursuing expunction, maintaining that the process should be entirely free to allow for equitable access for all. Additionally, there may be discussions regarding the threshold for information required in petitions and how it may complicate or facilitate the expunction process for individuals with complex cases.
Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
AN ACT to amend Tennessee Code Annotated, Title 1; Title 2; Title 3; Title 4; Title 5; Title 7; Title 8; Title 9; Title 10; Title 11; Title 12; Title 13; Title 16; Title 20; Title 22; Title 24; Title 31; Title 33; Title 36; Title 38; Title 39; Title 40; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69 and Title 71, relative to electronic transmissions.
AN ACT to amend Tennessee Code Annotated, Title 1; Title 2; Title 3; Title 4; Title 5; Title 7; Title 8; Title 9; Title 10; Title 11; Title 12; Title 13; Title 16; Title 20; Title 22; Title 24; Title 31; Title 33; Title 36; Title 38; Title 39; Title 40; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69 and Title 71, relative to electronic transmissions.