AN ACT to amend Tennessee Code Annotated, Title 10; Title 18 and Title 40, relative to expunction.
Summary
SB1349 would create a new automatic expunction process for certain lower-level criminal convictions in Tennessee. Specifically, it requires clerks of courts with criminal jurisdiction to remove and destroy all public records of eligible Class E felony convictions and eligible misdemeanors one year after the person completes the sentence imposed by the court. For convictions on or after July 1, 2025, the sentencing court must notify the clerk of the completion date and enter an expunction order to take effect one year later.
The bill also creates a procedure for people convicted before July 1, 2025, to request expunction of qualifying convictions. Upon request, 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 so, the court enters an order and the clerk destroys the records. The bill specifies that automatic expunction under this section must be provided at no cost to the person.
Impact
This bill would amend Tennessee Code Annotated Section 40-32-101 to expand and automate expunction for certain Class E felonies and misdemeanors, affecting court clerks, sentencing courts, and people with qualifying criminal records. It would require destruction of public records rather than merely sealing them, and it establishes a mandatory timeline tied to sentence completion. The bill also creates a retroactive request process for pre-July 1, 2025 convictions and directs that the process be free of charge.
Sentiment
No committee transcripts or votes were provided, so there is no recorded debate or roll-call history to gauge legislative sentiment. Based on the bill text alone, the measure appears reform-oriented and designed to ease collateral consequences of low-level convictions by making expunction more automatic and accessible.
Contention
Because there are no transcripts or votes, no specific points of contention are documented in the provided materials. Potential areas of debate implied by the bill include the scope of offenses eligible for automatic expunction, the administrative burden on courts and clerks, the retroactive application to older convictions, and the policy choice to require destruction of public records rather than a more limited form of record relief.