Amends TCA Title 16, Chapter 18, Part 3 and Title 40.

Present law provides, for a municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the general assembly, a municipal court is created to be presided over by a city judge. Despite any law to the contrary, present law provides the following with regard to such court:<br /> <br /> (1) The court possesses jurisdiction in and over cases for violation of the laws and ordinances of the municipality; or arising under the laws and ordinances of the municipality; and<br /> <br /> (2) A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated, or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine of $50 or less.<br /> <br /> This bill adds to the above list that a municipal court has jurisdiction over the expunction of a person's conviction for a violation of a municipal ordinance from the public records of the municipal court upon that person's petition requesting removal of such records for a violation of a municipal ordinance that satisfactorily demonstrates to the court that the petitioner merits such relief, and:<br /> <br /> (1) At the time of the filing of the petition for expunction, at least 30 days have elapsed since the completion of the penalty imposed for the violation; and<br /> <br /> (2) The person has fulfilled all the requirements of the judgment imposed by the court in which the individual was convicted of the offense, including payment of all fines, court costs, and other assessments.<br /> <br /> This bill further provides that a person applying for the expunction of records pursuant to this bill must be charged $100 for destroying such records.<br /> <br /> This bill limits a municipal court's jurisdiction over the expunction of a person's conviction for a violation of a municipal ordinance from the public records of the municipal court to the records of that municipal court. This bill also clarifies that such jurisdiction does not include records of the department of safety relating to driver records or the driver improvement program established in the Uniform Classified and Commercial Driver License Act.<br /> <br /> ON FEBRUARY 27, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 281, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following revisions to this bill:<br /> <br /> (1) Changes the effective date from upon becoming a law to July 1, 2023;<br /> <br /> (2) Provides that "public record" has the same meaning as in other provisions regarding the destruction of records;<br /> <br /> (3) Clarifies that a municipal court may grant a person's petition requesting removal of a public record of a violation of a municipal ordinance if:<br /> <br /> (A) The petition satisfactorily demonstrates to the court that the petitioner merits such relief;<br /> <br /> (B) At the time of the filing of the petition, at least 180 days have elapsed since the completion of the penalty imposed for the ordinance violation; and<br /> <br /> (C) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments; and<br /> <br /> (4) Removes the provision providing that a person applying for the expunction of records pursuant to this bill must be charged $100 for destroying such records, and, instead, authorizes the municipal court clerk to charge a fee for the expunction of public records, and requires the fee to be set by municipal law or ordinance.<br />