Amends TCA Title 39 and Title 40, Chapter 32.

This bill allows a person to file a petition for expunction of that person's public records involving offenses related to the person's status as a victim of human trafficking. Expunction ordered pursuant to this bill will be performed without cost to the person.<br /> <br /> In order to be eligible for expunction pursuant to this bill, the petitioner must meet the following requirements:<br /> <br /> (1) At the time of the filing of the petition for expunction at least one year has elapsed since the completion of the sentence imposed for the petitioner's most recent criminal offense;<br /> (2) The petitioner has fulfilled the following requirements of the sentence imposed by any court in which the individual was convicted of an offense: completion of any term of imprisonment or probation; meeting all conditions of supervised or unsupervised release; and if so required by the conditions of any of the sentences imposed, remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one year;<br /> (3) The petitioner has not been convicted of any criminal offense during the one year prior to filing the petition and is not subject to any pending criminal charges;<br /> (4) The convictions to be expunged did not have as an element the use, attempted use, or threatened use of physical force against the person of another; and did not involve the use or possession of a deadly weapon; and<br /> (5) The convictions to be expunged resulted from the petitioner's status as a victim of human trafficking. The petitioner may provide evidence of this requirement by testimony or affidavit. This provision does not require a conviction for an offense of which the petitioner was the victim.<br /> <br /> This bill sets out in detail the procedure for filing the petition and for the court making a determination regarding expunction under the circumstances established in this bill. <br /> <br /> A petitioner whose petition is granted pursuant to this bill, and who is otherwise eligible under state or federal law to possess a firearm, will be eligible to purchase a firearm and apply for and be granted a handgun carry permit.<br /> <br /> ON MARCH 25, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 577, AS AMENDED.<br /> <br /> AMENDMENT #1 adds to the eligibility requirements that at least one of the convictions to be expunged was for prostitution and, in regard to item (4) in the above bill summary, additionally requires that the convictions to be expunged must be individually eligible for expunction under present law.<br /> <br /> This amendment also adds that any offense to be expunged must have occurred on or after the date on which the petitioner became a victim of human trafficking, as the court determines.<br /> <br /> This amendment removes the provision for the expunction under this bill being free of charge and instead requires the petitioner to pay the $180 fee provided for under present law.<br /> <br /> ON APRIL 10, 2019, THE HOUSE SUBSTITUTED SENATE BILL 577 FOR HOUSE BILL 193, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 577, AS AMENDED.<br /> <br /> AMENDMENT #1 adds a requirement for expunction under this bill that the petitioner must not have had public records previously expunged using the provisions established by this bill. <br /> <br />