AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to expunction of certain offenses.
Summary
SB0956 revises Tennessee’s expunction law by changing the waiting periods a person must satisfy before petitioning to expunge certain convictions. For a single offense, the bill sets minimum time periods after completion of the sentence of three years for misdemeanors and Class E felonies, six years for Class D felonies, and ten years for Class C felonies. It also applies similar waiting periods when a person seeks expunction of qualifying multiple offenses, keyed to the most recent offense and the highest offense class involved.
The bill amends Tennessee Code Annotated, Section 40-32-101, which governs expunction petitions and the conditions under which criminal records may be cleared. If enacted, it would affect individuals with eligible misdemeanor and felony convictions who are seeking relief from the long-term consequences of a criminal record, as well as courts and clerks that process expunction petitions. The act is scheduled to take effect July 1, 2025.
Impact
SB0956 would change Tennessee’s criminal record expungement framework by establishing or restating specific waiting periods before a person may file a petition to expunge certain offenses. The bill directly amends expunction provisions in Title 40 and would affect eligibility timing for misdemeanor, Class E felony, Class D felony, and Class C felony convictions, including cases involving multiple offenses. It would not create new offenses or penalties, but would alter the timing rules for record-clearing relief and the administration of expunction petitions by the courts.
Sentiment
The bill appears to have received mixed but ultimately favorable consideration. It passed the Senate Judiciary Committee by a narrow 5-4 vote and then advanced on the Senate floor with a 18-12 vote, indicating meaningful support but also notable opposition. The available record suggests the measure was controversial enough to draw divided votes, though there is no transcript commentary provided to identify specific arguments.
Contention
The main point of contention is likely the balance between providing a path to expunction for people with criminal records and the length of time they must wait before becoming eligible. Supporters may view the bill as a structured, predictable way to allow rehabilitation and second chances, while opponents may be concerned that the waiting periods are too short, too long, or otherwise inappropriate for certain felony classes or repeat-offense situations. Because no committee transcript is available, the specific objections and sponsors’ responses are not documented here, but the close committee vote suggests the eligibility standards and their application to felony offenses were the likely focus of disagreement.