Amends TCA Title 40, Chapter 32.
This bill permits a person to have the person's criminal records expunged if the person has been convicted of one or more criminal offenses other than the offense for which the person is seeking expunction and clarifies that a person is only eligible for expunction of criminal records once, as discussed below.<br /> <br /> Generally under present law, the qualifications for having criminal records expunged include the following:<br /> <br /> (1) At the time of filing for expunction, the person has never been convicted of any criminal offense, including federal offenses and offenses in other states, other than the offense committed for which the petition for expunction is filed (a moving or non-moving traffic offense is not considered a criminal offense for purposes of this provision); and<br /> <br /> (2) 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 a misdemeanor or Class E felony or 10 years have elapsed since the completion of the sentence imposed for a Class C or D felony.<br /> <br /> This bill revises item (1) above to instead provide that a person may apply for expunction even if the person has a conviction for another offense, but the person may not apply if the person has been granted expunction for another criminal offense.<br /> <br /> This bill revises item (2) above to instead provide that the applicable amount of time must have passed since the completion of the sentence imposed for the person's "most recent" criminal offense.<br /> <br /> ON MARCH 10, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1679, AS AMENDED.<br /> <br /> AMENDMENT #1 adds a requirement for expunction under this bill that the person must not have been convicted of a criminal offense that is ineligible for expunction, including federal offenses and offenses in other states, that occurred prior to the offense for which the person is seeking expunction (moving and nonmoving traffic offenses will not be considered an offense).<br />
This bill permits a person to have the person's criminal records expunged if the person has been convicted of one or more criminal offenses other than the offense for which the person is seeking expunction and clarifies that a person is only eligible for expunction of criminal records once, as discussed below.<br /> <br /> Generally under present law, the qualifications for having criminal records expunged include the following:<br /> <br /> (1) At the time of filing for expunction, the person has never been convicted of any criminal offense, including federal offenses and offenses in other states, other than the offense committed for which the petition for expunction is filed (a moving or non-moving traffic offense is not considered a criminal offense for purposes of this provision); and<br /> <br /> (2) 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 a misdemeanor or Class E felony or 10 years have elapsed since the completion of the sentence imposed for a Class C or D felony.<br /> <br /> This bill revises item (1) above to instead provide that a person may apply for expunction even if the person has a conviction for another offense, but the person may not apply if the person has been granted expunction for another criminal offense.<br /> <br /> This bill revises item (2) above to instead provide that the applicable amount of time must have passed since the completion of the sentence imposed for the person's "most recent" criminal offense.<br /> <br /> ON MARCH 10, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1679, AS AMENDED.<br /> <br /> AMENDMENT #1 adds a requirement for expunction under this bill that the person must not have been convicted of a criminal offense that is ineligible for expunction, including federal offenses and offenses in other states, that occurred prior to the offense for which the person is seeking expunction (moving and nonmoving traffic offenses will not be considered an offense).<br />
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