Amends TCA Section 40-32-101 and Section 55-10-407.
Present law authorizes a person who has been charged with a criminal offense to petition the court with jurisdiction in the previous action for the removal and destruction of public records related to such charge, without cost to the person, if: (1) The charge was dismissed; (2) A no true bill was returned by a grand jury; or (3) The person was arrested and released without being charged. Present law also authorizes persons who have been convicted of an eligible misdemeanor offense, or certain felony offenses, to file a petition for expunction of that person’s public records involving a criminal offense if: (1) The person has not 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; provided, that a moving or nonmoving traffic offense is not a disqualifying offense; (2) The person has not previously been granted expunction for another criminal offense; (3) 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 the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony, or 10 years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class C or D felony; and (4) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense. Under present law, a violation of the implied consent law is not a criminal offense, but a court making a finding of any such violation must suspend the violator's driver license for a period of one to five years (depending on the presence of aggravating factors). This bill authorizes a person who violates the implied consent law to petition for destruction of records or expunction in the same manner as a misdemeanant under present law.
Present law authorizes a person who has been charged with a criminal offense to petition the court with jurisdiction in the previous action for the removal and destruction of public records related to such charge, without cost to the person, if: (1) The charge was dismissed; (2) A no true bill was returned by a grand jury; or (3) The person was arrested and released without being charged. Present law also authorizes persons who have been convicted of an eligible misdemeanor offense, or certain felony offenses, to file a petition for expunction of that person’s public records involving a criminal offense if: (1) The person has not 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; provided, that a moving or nonmoving traffic offense is not a disqualifying offense; (2) The person has not previously been granted expunction for another criminal offense; (3) 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 the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony, or 10 years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class C or D felony; and (4) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense. Under present law, a violation of the implied consent law is not a criminal offense, but a court making a finding of any such violation must suspend the violator's driver license for a period of one to five years (depending on the presence of aggravating factors). This bill authorizes a person who violates the implied consent law to petition for destruction of records or expunction in the same manner as a misdemeanant under present law.
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