Amends TCA Title 39 and Title 40.
SEALING CRIMINAL HISTORY RECORDS This bill provides that a person may petition the court in which the person was convicted of a criminal offense to seal the person's criminal history records for the offenses listed in this bill. At the time of filing a petition, the person must pay a fee of $500 to be used by the clerk to offset the cost of sealing records. Upon determining that the person is eligible under this bill to have the person's criminal history records sealed, the court must enter an order sealing the records from all public records requests. The sealed records may continue to be used for the following purposes: (1) By the TBI or the FBI in determining whether to approve a firearms transaction, or a handgun carry permit application; (2) By the department of health in maintaining a registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals; and (3) By the Tennessee peace officer standards and training commission in determining whether a person has any recorded convictions in Tennessee and meets the minimum qualifications for law enforcement officers. ELIGIBILITY A person is an eligible petitioner under this bill if the person is not subject to any pending criminal charges; has not been convicted of a criminal offense for at least five years, beginning after the completion of any term of imprisonment, supervised or unsupervised release, or probation; and has fulfilled the requirements of the sentence imposed by the court in which the person was convicted of the offense, including: (A) Payment of all fines, restitution, court costs, and other assessments; (B) Completion of any term of imprisonment or probation; (C) Meeting all conditions of supervised or unsupervised release; and (D) If so required by the conditions of the sentence imposed, remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one year. OFFENSES This bill provides that criminal history records related to a conviction for the offenses listed in this bill and any offense committed prior to November 1, 1989, that would constitute any of the offenses listed in this bill if committed under current law, are eligible to be sealed under this bill. NEW OFFENSE This bill provides that if, after the person's records have been sealed, the person is charged with a new offense other than a moving or non-moving traffic offense, then the court that ordered the records to be sealed must rescind the order pending the disposition of the new charge. If the person is convicted of the new offense, then the court must order the records be unsealed. If the new charges result in any other final disposition, then the court must reinstate the order sealing the person's records.
SEALING CRIMINAL HISTORY RECORDS This bill provides that a person may petition the court in which the person was convicted of a criminal offense to seal the person's criminal history records for the offenses listed in this bill. At the time of filing a petition, the person must pay a fee of $500 to be used by the clerk to offset the cost of sealing records. Upon determining that the person is eligible under this bill to have the person's criminal history records sealed, the court must enter an order sealing the records from all public records requests. The sealed records may continue to be used for the following purposes: (1) By the TBI or the FBI in determining whether to approve a firearms transaction, or a handgun carry permit application; (2) By the department of health in maintaining a registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals; and (3) By the Tennessee peace officer standards and training commission in determining whether a person has any recorded convictions in Tennessee and meets the minimum qualifications for law enforcement officers. ELIGIBILITY A person is an eligible petitioner under this bill if the person is not subject to any pending criminal charges; has not been convicted of a criminal offense for at least five years, beginning after the completion of any term of imprisonment, supervised or unsupervised release, or probation; and has fulfilled the requirements of the sentence imposed by the court in which the person was convicted of the offense, including: (A) Payment of all fines, restitution, court costs, and other assessments; (B) Completion of any term of imprisonment or probation; (C) Meeting all conditions of supervised or unsupervised release; and (D) If so required by the conditions of the sentence imposed, remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one year. OFFENSES This bill provides that criminal history records related to a conviction for the offenses listed in this bill and any offense committed prior to November 1, 1989, that would constitute any of the offenses listed in this bill if committed under current law, are eligible to be sealed under this bill. NEW OFFENSE This bill provides that if, after the person's records have been sealed, the person is charged with a new offense other than a moving or non-moving traffic offense, then the court that ordered the records to be sealed must rescind the order pending the disposition of the new charge. If the person is convicted of the new offense, then the court must order the records be unsealed. If the new charges result in any other final disposition, then the court must reinstate the order sealing the person's records.
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