AN ACT to amend Tennessee Code Annotated, Title 10; Title 18 and Title 40, relative to expunction.
Summary
HB1391 would create a new automatic expunction process for certain low-level criminal convictions in Tennessee. Specifically, it requires clerks of court to remove and destroy public records of eligible Class E felony convictions and eligible misdemeanors one year after the person has completed the sentence imposed by the court. For convictions entered on or after July 1, 2025, the court would be required to notify the clerk of the completion date and sign an expunction order in advance so the records are destroyed automatically at the one-year mark.
The bill also allows people convicted before July 1, 2025, of an eligible offense to request expunction. In those cases, the clerk must notify the court, and the court must decide within 30 days whether the conviction qualifies for automatic expunction under the new subsection. If it does, the court enters an order and the clerk destroys the records. The process is to be completed at no cost to the person, and the clerk must mail notice and a copy of the order to the person’s last known address.
Impact
HB1391 would amend Tennessee’s expunction statute, Tennessee Code Annotated section 40-32-101, by adding a new automatic expunction pathway for certain Class E felonies and misdemeanors. It would affect court clerks, trial courts, and people with qualifying criminal convictions by shifting some expunctions from a petition-based process to a mandatory, time-based process after sentence completion. The bill would also create a retrospective request process for pre-July 1, 2025 convictions and require destruction of public conviction records when the statutory conditions are met.
Sentiment
The available record suggests the bill was generally viewed as a criminal justice reform measure aimed at easing record-clearing for lower-level offenses, but it did not advance in the House Criminal Justice Subcommittee. The vote on March 26, 2025 was 2 yeas to 7 nays, indicating substantial opposition at the subcommittee stage despite the bill’s automatic-expungement framing. No committee transcript is available, so the specific floor discussion is not reflected in the record provided.
Contention
The main point of contention appears to be whether expunction for eligible Class E felonies and misdemeanors should occur automatically and at no cost, rather than through a more limited or discretionary process. Opponents in committee likely objected to the breadth of automatic record destruction, the administrative burden on courts and clerks, or the policy implications of shortening the time before records are cleared. Supporters, by contrast, would likely emphasize second chances, reentry, and reducing barriers to employment and housing for people with qualifying convictions.