Amends TCA Section 8-21-401 and Title 40.

This bill revises various provisions governing expunction, as follows: (1) Under present law, it is mandatory that clerks charge a fee of $100 for proceedings related to expunction. This bill makes the charging of a fee discretionary instead of mandatory; if a fee is charged, the fee must be no more than $100; (2) This bill requires that affidavits of complaint contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant; (3) Under the present law provisions governing persons eligible to have records expunged, one of the requirements is that, if the person was convicted of a Class E felony, the sentence must have been no more than three years (under law the sentence range for a Class E felony is one to six years); this bill removes this requirement; (4) Under present law, a person who was convicted of fraudulent use of credit/debit card (up to $500) is ineligible for expunction. This bill removes this provision; and (5) This bill adds to offenses the conviction of which makes a person ineligible for expunction, patronizing prostitution from a person who is younger than 18 years of age or has an intellectual disability; (6) This bill adds the following as persons eligible to petition for expunction: (A) Persons convicted of one of the following Class D felonies: Theft of property; Theft of services; Extortion; Forgery; Criminal simulation; Illegal possession or fraudulent use of credit card or debit card; Worthless checks; Destruction of valuable papers; False or fraudulent insurance claims; Fraudulent qualifying for set-aside programs; Theft of trade secrets; Sale of recorded live performances without consent; Fraudulent transfer of motor vehicle valued at $20,000 or more; Communication theft; Identity theft; Use of a counterfeit mark or logo; Home improvement fraud; Burglary-other than habitation or automobile; Vandalism; Violation of Tennessee Personal and Commercial Computer Act; Unsolicited bulk electronic mail; False report to law enforcement not involving bomb, fire, or emergency; Manufacture, deliver, sale, or possession of Schedule III drug (fine not greater than $50,000); Manufacture, deliver, sale, or possession of Schedule IV drug (fine not greater than $50,000); Manufacture, deliver, sale, or possession of certain Schedule VI drugs (fine not greater than $50,000); Prescribing or selling steroid for unlawful purpose; Promoting manufacture of methamphetamine; Produce, manufacture, delivery, sale, or possession of hallucinogenic plant salvia divinorum or the synthetic cannabinoids (first violation); Manufacture, deliver, dispense, sell, or possess with intent to manufacture, deliver, dispense, or sell a controlled substance analogue (first violation); Making counterfeit or altering lottery ticket (fine not greater than $50,000); Making material false statement on lottery application or record; Unauthorized person conducting charitable gaming event; and Drug fraud (present law provides for expunction of records relating to a conviction for drug fraud but there are certain restrictions associated with that provision; this bill removes those restrictions; (B) Persons convicted of one of the following Class C felonies: Theft of property; Theft of services; Forgery; Criminal simulation; Illegal possession or fraudulent use of a credit card or debit card; Worthless checks; Destruction of valuable papers; Fraudulent or false insurance claims; Fraudulent qualifying for set-aside programs; Theft of trade secrets; Sale of recorded live performances without consent; Communication theft; Identity theft trafficking; Use of a counterfeit mark or logo; Home improvement fraud; Vandalism; Violation of Tennessee Personal and Commercial Computer Act; Unsolicited bulk electronic mail; Theft of animal from or damage to an animal facility; Manufacture, deliver, sale, or possession of Schedule II drug, including cocaine or methamphetamine in an amount less than point five (0.5) grams (fine not greater than $100,000); Manufacture, deliver, sale, or possession of flunitrazepam (fine not greater than $100,000); Manufacture, deliver, sale, or possession of Schedule VI controlled substance (fine not greater than $100,000); Production, manufacture, delivery, sale, or possession of the hallucinogenic plant salvia divinorum or the synthetic cannabinoids (second or subsequent violation); Manufacture, delivery, dispense, or sale or possession with the intent to manufacture, deliver, dispense, or sale of a controlled substance analogue (second or subsequent violation); Influencing or attempting to influence lottery; and Possession of a firearm with a prior conviction for a felony drug offense; (C) Persons convicted of one of the following Class B felonies: Theft of property; Theft of services; Forgery; Criminal simulation; Illegal possession or fraudulent use of credit card or debit card; Worthless checks; Destruction of valuable papers; Fraudulent or false insurance claims; Fraudulent qualifying for set-aside contracts; Theft of trade secrets; Sale of recorded live performances without consent; Communication theft; Use of a counterfeit mark or logo; Home improvement fraud; Vandalism; Violation of Tennessee Personal and Commercial Computer Act; Unsolicited bulk electronic mail; Money laundering offenses; Manufacture, delivery, sale, or possession of Schedule I drug (fine not greater than $100,000); Manufacture, delivery, sale, or possession of cocaine or methamphetamine in amounts of point five (0.5) grams or more (fine not greater than $100,000); Manufacture, delivery, sale, possession, or conspiracy to manufacture, deliver, sell, or possess certain amounts of controlled substances (fine not greater than $200,000); and Initiating process to result in manufacture of methamphetamine; (D) Persons convicted of one of the following Class A felonies: Theft of property; Theft of services; Forgery; Criminal simulation; Illegal possession or fraudulent use of credit card or debit card; Worthless checks; Destruction of valuable papers; Fraudulent or false insurance claims; Fraudulent qualifying for set-aside programs; Theft of trade secrets; Sale of recorded live performances without consent; Communication theft; Use of a counterfeit mark or logo; Home improvement fraud ($250,000 or more); Vandalism; Certain violations of the Personal and Commercial Computer Act; Unsolicited bulk electronic mail; and Manufacture, delivery, sale, possession, or conspiracy to manufacture, deliver, sell, or possess certain amounts of controlled substances; and (E) Persons convicted of the Class E felonies of: Use of a counterfeit mark or logo; or Money laundering offenses. These are in addition to the other eligible Class E felonies specified in present law; (7) Under present law, requirements for eligibility for expunction include that at the time of the filing of the petition for expunction at least five years have elapsed since the completion of the sentence imposed for the offense. Under this bill, this time requirement will apply to those convicted of misdemeanor or Class E felony, and for those made eligible to apply for expunction by this bill with other classifications of offenses, the applicable time periods will be 10 years for a Class C or D felony and 15 years for a Class A or B felony; and (8) This bill requires the court that denies a petition to state in writing its reasons for the denial. ON APRIL 28, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 888, AS AMENDED. AMENDMENT #1 revises various provisions of this bill, as follows: (1) Removes the following from the provisions described in the bill summary in (6)(B): production, manufacture, delivery, sale, or possession of the hallucinogenic plant salvia divinorum or the synthetic cannabinoids (second or subsequent violation); and possession of a firearm with a prior conviction for a felony drug offense; (2) Adds, in regard to the present law provision whereby both the petitioner and district attorney general may file evidence with the court relating to the petition, that the district attorney may file evidence relating to the petition under seal for review by the court. Evidence filed under seal by the district attorney will be confidential and not a public record. This amendment also removes this bill's requirement that a court that denies a petition state in writing its reasons for the denial; (3) Rewrites the present law provision whereby, in making a decision on the petition, the court must consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety. Under this amendment, the court must enter an order granting or denying the petition no sooner than 61 days after service of the petition upon the district attorney general. Prior to entering an order on the petition, the court must review and consider all evidence submitted by the petitioner and the district attorney general, including any sealed evidence, as described above in (2). This amendment requires the court, in making a decision on a petition, to weigh the interest of the petitioner against the best interests of justice and public safety. However, there will be a rebuttable presumption that the petition should be granted in the case of Class C, D, and E felonies. In regard to Class A and B felonies, there will be a rebuttable presumption that granting the petition is not in the best interest of justice and public safety and the petition should be denied; (4) Adds that a person is not an eligible petitioner if the person was convicted of an offense involving the manufacture, delivery, sale, or possession of a controlled substance and at the time of the offense the person held a commercial driver license and the offense was committed within a motor vehicle or held any driver license and the offense was committed within a commercial motor vehicle. ON MAY 3, 2021, THE SENATE SUBSTITUTED HOUSE BILL 888 FOR SENATE BILL 675, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 888, AS AMENDED. AMENDMENT #1 incorporates the provisions of House Amendment #1 but removes the Class B and Class A felonies from this bill.