Amends TCA Title 39 and Title 40.

This bill requires a person who was convicted of a misdemeanor, or a Class D or E felony, that meets the requirements of this bill to have the person's conviction automatically expunged without cost to the person upon: (1) The discharge from custody by reason of completion of sentence or expiration of the maximum sentence imposed by the court for the offense; or (2) Being granted a certificate of final discharge from supervision by the director of probation and parole, or an equivalent discharge by another state, the federal government, or county correction authority. Upon discharging a person who has been so convicted, this bill requires the warden, sheriff, board of parole, or other correction authority to notify the court that imposed the sentence that the person has completed the sentence. Upon receiving such notice, this bill requires the court to determine that the person's offense: (1) Was a misdemeanor or Class D or E felony; (2) Did not involve the use, attempted use, or threatened use of physical force against the person of another or the use or possession of a deadly weapon; and (3) Was not a certain sexual offense or violent sexual offense. If the court finds that the offense meets the above requirements, then this bill requires the court to issue an order of expunction for the person's public records involving the criminal offense. Pursuant to this bill: (1) The order of expunction entitles the person to have all public records of the expunged conviction destroyed in the manner set forth in this bill; (2) The expunction has the legal effect of restoring the person to the same status occupied before the arrest, indictment, information, trial, and conviction. Once the expunction order is issued, this bill prohibits any direct or indirect collateral consequences that are generally or specifically attendant to the person's conviction by any law from being imposed or continued; (3) A person with respect to whom an order has been granted under this bill is not guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction in response to an inquiry made of the person for any purpose; (4) Expunction under this bill means, in contemplation of law, the conviction for the expunged offense never occurred and the person will not suffer any adverse effects or direct disabilities by virtue of the criminal offense that was expunged; (5) Despite certain provisions regarding the unlawful carrying or possession of a weapon, a person whose offense is expunged pursuant to this bill and who is otherwise eligible under state or federal law to possess a firearm, is eligible to purchase a firearm pursuant to provisions regarding the sale of dangerous weapons and apply for and be granted an enhanced handgun carry permit or a concealed handgun carry permit; and (6) The clerk of the court maintaining records expunged pursuant to this bill is required to keep the records confidential. These records are not public and can only be used to enhance a sentence if the petitioner is subsequently charged and convicted of another crime. This confidential record is only accessible to the district attorney general, the defendant, the defendant's attorney, and the circuit or criminal court judge. ELIGIBLE PETITIONER This bill removes from the definition of eligible petitioner for certain provisions of expunction laws persons convicted of certain Class E felonies committed on or after November 1, 1989; certain misdemeanor offenses committed on or after November 1, 1989; certain Class D felonies committed on or after November 1, 1989; and other misdemeanors and felonies. Thereby, such persons would need to meet the requirements of this bill in order to qualify as an eligible petitioner. ON MARCH 2, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 393, AS AMENDED. AMENDMENT #1 rewrites this bill to revise present law provisions governing expunction, as described below. Present law provides that an eligible petitioner may file a petition for expunction of that person’s public records involving a criminal offense if, among other things, at the time of filing the petition for the expunction at least: (1) 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 (2) Ten 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. This amendment revises this provision to provide, instead, that at the time of filing the petition for the expunction at least: (1) Three 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; (2) Six 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 D felony; or (3) Ten 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 felony. Present law provides that for certain provisions of expunction laws, "eligible petitioner" means a person who was convicted of no more than two offenses and, among other things, at the time of the filing of the petition for expunction at least: (1) Five years have elapsed since the completion of the sentence imposed for the most recent offense, if the offenses were both misdemeanors or a Class E felony and a misdemeanor; and (2) Ten years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class C or D felony. This amendment revises this provision to provide, instead, that at the time of filing the petition for the expunction at least: (1) Three years have elapsed since the completion of the sentence imposed for the most recent offense, if the offenses were both misdemeanors or a Class E felony and a misdemeanor; (2) Six years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class D felony; or (3) Ten years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class C felony.