Tennessee House Bill HB0835

Tennessee 2025-2026 Regular Session

• Introduced: 2/4/25
• Refer: 2/6/25

Caption

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

Summary

HB0835 amends Tennessee’s expunction law to change the waiting periods a person must satisfy before filing a petition to expunge certain convictions. Under the bill, a person must wait at least five years after completing the sentence for a misdemeanor or Class E felony, eight years for a Class D felony, and ten years for a Class C felony before seeking expunction. The bill applies to petitions for expunction under Tennessee Code Annotated, Title 40, Chapter 32. The measure does not create a new expunction process, but it revises the eligibility timeline for existing relief from criminal records. By setting longer, offense-specific waiting periods for more serious felonies, the bill would affect individuals seeking to clear their records, as well as courts and criminal justice agencies that process expunction petitions and maintain criminal history records.

Impact

HB0835 would amend Tennessee Code Annotated § 40-32-101(g)(2)(B) to establish explicit minimum waiting periods before a person may file for expunction based on offense class. It would replace the prior subdivision with a tiered schedule tied to the completion of sentence: five years for misdemeanors and Class E felonies, eight years for Class D felonies, and ten years for Class C felonies. The bill therefore changes state law governing record-clearing eligibility and directly affects petitioners, courts, prosecutors, and agencies responsible for criminal record maintenance and expunction processing.

Sentiment

Based on the bill text and the absence of committee transcripts or recorded votes, the available record does not show detailed debate or opposition. The bill appears to be a technical policy adjustment to expunction timing rather than a broadly controversial measure. Its structure suggests a generally procedural or administrative purpose, with the main policy choice being how long individuals must wait before seeking relief.

Contention

The central policy issue is the length of the waiting periods before expunction may be requested, especially for felony convictions. Supporters would likely view the bill as creating clearer, offense-based standards and preserving a longer period of accountability before records can be sealed or erased. Potential critics could argue that the waiting periods are too long for people seeking rehabilitation and reentry, particularly for lower-level felonies, while others may support the longer delays as a safeguard for public safety and record integrity. No specific stakeholder positions are provided in the available materials.