Tennessee 2023-2024 Regular Session

Tennessee House Bill HB2686

Introduced
1/31/24  
Refer
2/5/24  
Refer
3/12/24  
Refer
3/19/24  
Refer
4/3/24  
Refer
4/9/24  
Chaptered
5/13/24  

Caption

AN ACT to amend Tennessee Code Annotated, Section 40-32-101, relative to expunction.

Impact

The provisions in HB 2686 would have a significant impact on state laws governing criminal records. By allowing for the expungement of certain misdemeanors and felonies after stipulated timeframes—five years for misdemeanors and Class E felonies, and ten years for Class C and D felonies—it aims to provide a second chance for individuals who have fulfilled their legal obligations. This bill also addresses the criteria that disqualify individuals from expungement, such as prior convictions and specific vehicular offenses, thus impacting how the state approaches rehabilitation and reintegration of offenders into society.

Summary

House Bill 2686 is designed to amend Tennessee Code Annotated, Section 40-32-101, with respect to the process for expunging criminal records. The bill lays out specific stipulations under which individuals with convictions may seek to have their criminal records expunged, particularly focusing on the nature of eligible offenses and the length of time that must have elapsed since the completion of their sentences. This legislative effort aims to streamline and clarify the expunction process, making it more accessible for individuals seeking to move on from their criminal pasts.

Sentiment

General sentiment surrounding HB 2686 appears to be supportive among those advocating for criminal justice reform, particularly in terms of its restorative justice implications. Supporters argue that the ability to expunge records can significantly aid individuals in finding employment and fully reintegrating into the community. However, there may be concerns among some stakeholders about ensuring that expungement is applied fairly and that it does not overlook serious offenses that may pose risks to public safety.

Contention

Notable points of contention arise around the criteria established for eligibility for expungement. Some may argue that the stipulated waiting periods and conditions for expungement may not adequately consider the unique circumstances of each individual case. Critics may push for a more flexible and less restrictive framework that allows for greater individual rights and consideration of personal rehabilitation efforts, while supporters of the existing provisions may emphasize public safety and the importance of accountability for criminal behavior.

Companion Bills

TN SB2844

Crossfiled AN ACT to amend Tennessee Code Annotated, Section 40-32-101, relative to expunction.

Previously Filed As

TN HB0451

AN ACT to amend Tennessee Code Annotated, Section 40-32-101, relative to expunction.

TN SB0761

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to expunction.

TN HB0835

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to expunction.

TN SB0613

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32 and Title 55, Chapter 10, Part 4, relative to expunction.

TN SB1232

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, Part 1, relative to expunction of criminal records.

TN HB1346

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, Part 1, relative to expunction of criminal records.

TN SB1055

AN ACT to amend Tennessee Code Annotated, Title 7; Title 16; Title 38; Title 40; Title 55 and Title 57, relative to expunction.

TN HB1257

AN ACT to amend Tennessee Code Annotated, Title 7; Title 16; Title 38; Title 40; Title 55 and Title 57, relative to expunction.

TN SB1349

AN ACT to amend Tennessee Code Annotated, Title 10; Title 18 and Title 40, relative to expunction.

TN HB1391

AN ACT to amend Tennessee Code Annotated, Title 10; Title 18 and Title 40, relative to expunction.

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