Amends TCA Title 39 and Title 40.
Present law allows for the expunction of certain listed Class C, D, and E felonies and misdemeanor offenses committed on or after specified dates. Additionally, present law permits the expunction of the listed offenses if certain listed criteria are met. This bill provides, notwithstanding the above provisions, an eligible petitioner may file a petition for expunction of that person's public records involving a criminal offense, if at the time of the filing of the petition for expunction: (1) The person is 65 or older; (2) At least 10 years have elapsed since the completion of the sentence imposed for the offense; and (3) The person has not had any additional arrests, charges, or criminal convictions following completion of the sentence imposed for the offense. This bill defines "eligible petitioner" as a person who was convicted of a felony or misdemeanor offense that is not: (1) A sexual offense or violent sexual offense; (2) Treason, or an effort to sabotage or overthrow the government of the United States; (3) First degree murder; (4) Child abuse or child neglect or endangerment; (5) Aggravated child abuse or aggravated child neglect or endangerment; (6) Manufacture, deliver, sell, or possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance involving the use of a deadly weapon; or (7) Driving under the influence of an intoxicant. EXPUNCTION PROCEDURES Present law states that a person must petition the court in which they were convicted of the offense they seek to have expunged. Additionally, the clerk must serve the petition to the local district attorney, and the district attorney may submit recommendations to the court no later than 60 days after they were served. Furthermore, both the petitioner and the district attorney are authorized to file evidence with the court relating to the petition. Similarly, the court must enter an order granting or denying the petition not earlier than 61 days after the petition was served to the district attorney, and the court must review and consider all the evidence submitted. Also, in making the decision on the petition, the court must weigh the interest of the petitioner against the best interests of justice and public safety, but there is a rebuttable presumption the petition should be granted if they are considered an eligible petitioner under present law and meet the listed criteria. If the court denies the petition, the petitioner may not file another petition until at least two years from the date of denial. Additionally, the petition and proposed order must be prepared by the district attorney and given to the petitioner to file with the clerk. Notwithstanding any other law to the contrary, an order of expunction granted entitles the person to have all public records of the expunged conviction destroyed and has the legal effect of restoring them to the same status they had before the arrest and conviction. Also, the court clerk maintaining expunged records must keep those records confidential and not available to the public. This bill specifies that the above provisions of present law apply to the petition in this bill. Additionally, a person may be granted an expunction of one offense under this bill only one time.
Present law allows for the expunction of certain listed Class C, D, and E felonies and misdemeanor offenses committed on or after specified dates. Additionally, present law permits the expunction of the listed offenses if certain listed criteria are met. This bill provides, notwithstanding the above provisions, an eligible petitioner may file a petition for expunction of that person's public records involving a criminal offense, if at the time of the filing of the petition for expunction: (1) The person is 65 or older; (2) At least 10 years have elapsed since the completion of the sentence imposed for the offense; and (3) The person has not had any additional arrests, charges, or criminal convictions following completion of the sentence imposed for the offense. This bill defines "eligible petitioner" as a person who was convicted of a felony or misdemeanor offense that is not: (1) A sexual offense or violent sexual offense; (2) Treason, or an effort to sabotage or overthrow the government of the United States; (3) First degree murder; (4) Child abuse or child neglect or endangerment; (5) Aggravated child abuse or aggravated child neglect or endangerment; (6) Manufacture, deliver, sell, or possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance involving the use of a deadly weapon; or (7) Driving under the influence of an intoxicant. EXPUNCTION PROCEDURES Present law states that a person must petition the court in which they were convicted of the offense they seek to have expunged. Additionally, the clerk must serve the petition to the local district attorney, and the district attorney may submit recommendations to the court no later than 60 days after they were served. Furthermore, both the petitioner and the district attorney are authorized to file evidence with the court relating to the petition. Similarly, the court must enter an order granting or denying the petition not earlier than 61 days after the petition was served to the district attorney, and the court must review and consider all the evidence submitted. Also, in making the decision on the petition, the court must weigh the interest of the petitioner against the best interests of justice and public safety, but there is a rebuttable presumption the petition should be granted if they are considered an eligible petitioner under present law and meet the listed criteria. If the court denies the petition, the petitioner may not file another petition until at least two years from the date of denial. Additionally, the petition and proposed order must be prepared by the district attorney and given to the petitioner to file with the clerk. Notwithstanding any other law to the contrary, an order of expunction granted entitles the person to have all public records of the expunged conviction destroyed and has the legal effect of restoring them to the same status they had before the arrest and conviction. Also, the court clerk maintaining expunged records must keep those records confidential and not available to the public. This bill specifies that the above provisions of present law apply to the petition in this bill. Additionally, a person may be granted an expunction of one offense under this bill only one time.
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