Amends TCA Title 8; Title 9, Chapter 8; Title 10, Chapter 7; Title 16; Title 18; Title 20; Title 21; Title 27; Title 28; Title 29; Title 50, Chapter 6 and Title 66.

This bill authorizes a court to order the removal and destruction of all public records, excluding appellate court records and opinions, of a person who has been a party to a legal proceeding for collection of a debt, monetary compensation for damages caused by a person's act or omission, or eviction ("civil action") if the person petitions the court for removal and destruction of the records and the following occurs: (1) The action was dismissed with prejudice and a notice of appeal was not timely filed; (2) The action was dismissed without prejudice, but cannot be recommenced under applicable provisions providing for the limitation of actions; or (3) A satisfaction of judgment was entered for the court's final judgment in the action. This bill requires a person seeking removal and destruction of public records in a civil action to petition the trial court that dismissed or entered judgment in the civil action. Upon filing of the petition, this bill requires the clerk to serve the petition on all named parties in the civil action. This bill authorizes a party to submit an objection to the court and provide a copy of such objection to the petitioner, within 60 days after service of the petition. This bill authorizes the petitioner and other named parties in the civil action to file evidence with the court relating to the petition. This bill prohibits the court from entering an order granting or denying the petition sooner than 61 days after service of the petition upon the named parties to the civil action. Prior to entering an order on the petition, this bill requires the court to review and consider all evidence submitted by the petitioner and other named parties to the civil action. Pursuant to this bill, there is a presumption that the petition should be granted unless the court makes specific findings that the interests of justice demand otherwise. If the court denies the petition, then this bill requires the court to enter written findings on the record and the petitioner is prohibited from filing another petition in the case until at least two years from the date of the denial. This bill requires the administrative office of the courts to, by September 1, 2023, create a simple form to enable a lay person to petition the court for removal and destruction of records under this bill; and to make the form available on a publicly accessible area of its website. This bill urges attorneys and legal aid societies in this state to prepare petitions and proposed orders under this bill as pro bono service. This bill provides that an order of removal and destruction of public records granted pursuant to this bill entitles the petitioner to have all public records of the civil action destroyed; and a petitioner 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 civil action in response to any inquiry made of the petitioner for any purpose. This bill clarifies that removal and destruction of records under this bill means, in contemplation of law, the civil action never occurred and the person is prohibited from suffering adverse effects or direct disabilities by virtue of the civil action. A person petitioning for the destruction of records under this bill must be charged the appropriate clerk's fee, if applicable, for destroying such records. This bill does not prohibit a party to a civil action from petitioning a court to seal, or remove and destroy, public records by any other method authorized by law or court rules. For purposes of developing forms, this bill takes effect upon becoming a law. For all other purposes, this bill takes effect September 1, 2023.