Amends TCA Title 40, Chapter 32.

ON APRIL 20, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2001, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to revise the eligibility requirements for a person to qualify as an "eligible petitioner" for purposes of petitioning for expunction of public records concerning a conviction for a felony or misdemeanor committed prior to November 1, 1989. An eligible petitioner may file a petition for expunction of that person’s public records involving a criminal offense if:<br /> <br /> (1) Subject to certain exceptions, at the time of filing, 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 (excluding most traffic offenses);<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; and<br /> <br /> (3) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense.<br /> <br /> Under present law, a person who was convicted of a felony or misdemeanor committed prior to November 1, 1989, is an eligible petitioner if:<br /> <br /> (1) The person was sentenced to a determinate sentence of three years or less;<br /> <br /> (2) The person was sentenced to an indeterminate sentence for which the person served three years or less;<br /> <br /> (3) The person has never had a previous conviction expunged as the result of the successful completion of a diversion program; and<br /> <br /> (4) The offense for which the person was convicted:<br /> <br /> (A) Did not have as an element the use, attempted use, or threatened use of physical force against the person of another;<br /> <br /> (B) Did not involve, by its nature, a substantial risk that physical force against the person of another would be used in the course of committing the offense;<br /> <br /> (C) Did not involve the use or possession of a deadly weapon;<br /> <br /> (D) Was not a sex offense for which the offender is required to register as a sexual offender or violent sexual offender, or any sex offense involving a minor;<br /> <br /> (E) Did not result in the death, serious bodily injury or bodily injury to a person;<br /> <br /> (F) Did not involve the use of alcohol or drugs and a motor vehicle;<br /> <br /> (G) Did not involve the sale or distribution of a Schedule I, II, III, or IV controlled substance;<br /> <br /> (H) Did not involve a minor as the victim of the offense; or<br /> <br /> (I) Did not result in causing the victim or victims to sustain a loss of $50,000 or more.<br /> <br /> For purposes of determining whether a person who was convicted of a felony or misdemeanor committed prior to November 1, 1989, is an eligible petitioner, this amendment deletes the provisions described in (1) and (2), revises (4)(G) to only apply to the sale or distribution of a Schedule I controlled substance or a Schedule II controlled substance in an amount that would make the offense a Class B felony under present law, and increases the monetary threshold under (4)(I) to $60,000.<br />