AN ACT to amend Tennessee Code Annotated, Title 40, relative to expungements following a pardon.
Summary
SB2197 amends Tennessee’s expungement laws for people who have received a pardon. The bill revises Tennessee Code Annotated § 40-32-107 and § 40-32-108 to remove language limiting relief to a person convicted of a “nonviolent crime” and replaces it with a more specific list of offenses that remain ineligible for expungement after a pardon. Those excluded offenses include first- and second-degree murder, especially aggravated kidnapping, aggravated child abuse, especially aggravated robbery, terrorism, and certain sexual offenses, including offenses requiring sex-offender registration or involving a minor.
The bill also changes how courts evaluate petitions for expungement after a pardon. For eligible petitioners under the general expungement provisions, the court must weigh the petitioner’s interest against the interests of justice and public safety, and the bill creates a rebuttable presumption in favor of granting the petition when the statutory requirements are met. For petitions under the pardon-related provision, the court must consider whether the offense was violent and any other relevant factors presented by the petitioner and the district attorney general. The act takes effect upon becoming law.
Impact
SB2197 narrows and clarifies the categories of pardoned convictions that remain barred from expungement, while expanding access for pardoned individuals whose offenses are not on the bill’s exclusion list. It affects Tennessee Code Annotated Title 40, especially the state’s expungement and pardon-related relief statutes, and directs courts to apply a rebuttable presumption in favor of expungement for eligible petitioners under specified provisions. The bill therefore impacts people seeking record relief after a pardon, prosecutors who may oppose petitions, and courts that must balance public safety and justice considerations.
Sentiment
The available voting history shows strong support for the bill. The Senate Judiciary Committee recommended passage by an 8-0 vote, and the floor adopted the measure by a 29-0 vote. No committee transcript is available, but the unanimous votes suggest broad agreement that the bill appropriately refines pardon-based expungement eligibility while preserving exclusions for the most serious offenses.
Contention
No recorded committee discussion is available, and the votes were unanimous, so there is no clear evidence of major opposition in the materials provided. The main policy issue reflected in the text is the balance between giving pardoned individuals a meaningful path to expungement and protecting public safety by excluding violent, sexual, and terrorism-related offenses. Any potential contention would likely center on whether the bill’s list of excluded offenses is too narrow or too broad, and on how much discretion courts should retain when the district attorney general objects.