Amends TCA Title 38, Chapter 6 and Title 40, Chapter 32.

Present law generally requires the public records of a person who has been charged with a misdemeanor or a felony to, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if<br /> <br /> (1) The charge has been dismissed;<br /> <br /> (2) A no true bill was returned by a grand jury; or<br /> <br /> (3) The person was arrested and released without being charged.<br /> <br /> Present law also provides that the public records of persons who have been charged and convicted with certain offenses may be expunged if certain criteria is met.<br /> <br /> CERTIFICATION<br /> <br /> This bill requires the Tennessee bureau of investigation (TBI) to develop a request for certification form to be completed by the court and submitted to the TBI prior to entering an order of expunction. However, this bill does not require the court to submit a certificate to the TBI if the expungement is pursuant to (1)-(3) above. This bill requires the certificate to contain the name of the person seeking expunction, the person's date of birth and social security number, the offense which the person is seeking to have expunged, the date of arrest, and the appropriate state control number. This bill requires the TBI to provide access to the certificate to each clerk that accepts petitions for expunction.<br /> <br /> After receiving a request for certification, this bill requires the TBI to determine if the submitted offense is eligible for expunction and to note the determination on the certificate. This bill further requires the TBI to provide the court with a copy of the certificate containing the determination. This bill authorizes the certificate to also be distributed to the district attorney and the defendant or the defendant's attorney.<br /> <br /> This bill prohibits an order of expunction from being entered by a court on or after January 1, 2024, unless a certificate, as required by this bill, is attached to the order.<br /> <br /> This bill clarifies that the certificate provided by the TBI pursuant to this bill is only a certification of whether the submitted offense is eligible for expunction; the certification is not a certification that the defendant is eligible for expunction, and the court continues to have the duty to determine eligibility. This bill provides that the TBI is not required to search any other source or database in order to make the certification required by this bill.<br /> <br /> ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 831, AS AMENDED.<br /> <br /> AMENDMENT #1 adds that a court is not required to submit a certificate to the TBI if the expungement is upon petition by a defendant in the court that entered a nolle prosequi in the defendant's case, or if the expungement is pursuant to (1)(-(6) below.<br /> <br /> This amendment adds to present law by:<br /> <br /> (1) Authorizing a person to petition for expunction of the person's arrest record if the court with jurisdiction over the offense for which the person was arrested has no history of the person's arrest for the offense within the court's records. Upon filing of the petition, the clerk must serve the petition on the district attorney general for that judicial district;<br /> <br /> (2) Authorizing both the petitioner and the district attorney general to file evidence with the court relating to a petition filed under (1);<br /> <br /> (3) Requiring the clerk's office to search the court's records and certify to the court whether there is any history of the person's arrest for the offense at issue within the court's records;<br /> <br /> (4) Requiring, prior to entering an order on the petition, the court to review and consider the clerk's certification and all evidence submitted by the petitioner and the district attorney general;<br /> <br /> (5) Authorizing the court to enter an order of expunction of the arrest record if the court finds that there is no history of the person's arrest for the offense within the court's record; and<br /> <br /> (6) Requiring person petitioning the court for expunction pursuant to this amendment to be charged the appropriate clerk's fee, if applicable..<br />