Tennessee Senate Bill SB0761

Tennessee 2025-2026 Regular Session

• Introduced: 2/4/25

Caption

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

Summary

SB 761 amends Tennessee’s expunction law by changing the waiting periods a person must satisfy before filing a petition to expunge certain convictions. Under the bill, a person would have to 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 only to the filing eligibility timing; it does not itself create a new expunction process or change the underlying offenses eligible for expunction beyond these timing rules. The measure would revise Tennessee Code Annotated, Title 40, Chapter 32, specifically Section 40-32-101(g)(2)(B), and would take effect immediately upon becoming law. In practical terms, it would lengthen or clarify the post-sentence waiting period for certain felony expunction petitions, affecting people with prior convictions who seek to clear their records, as well as courts and clerks who process expunction petitions.

Impact

The bill would amend Tennessee’s expunction statute to impose specific minimum time periods between completion of sentence and filing for expunction based on offense class: five years for misdemeanors and Class E felonies, eight years for Class D felonies, and ten years for Class C felonies. This changes state law governing when eligible individuals may petition to have records expunged, and it would affect criminal defendants, formerly convicted persons, and the judicial system administering expunction requests.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text alone, the proposal appears procedural and narrowly focused on record-clearing eligibility timing rather than expanding or restricting expunction categories broadly.

Contention

The main point of potential contention is the length of the waiting periods before a person may seek expunction, especially for felony convictions. Supporters would likely view the bill as providing clear, graduated timelines tied to offense severity, while critics might argue that the longer delays make record relief harder to obtain for people trying to rebuild their lives after completing their sentences. Because no discussion transcript is available, no specific lawmakers or stakeholder groups are identified as taking these positions.