Present law authorizes an eligible petitioner to file a petition for expunction of that person's public records involving a criminal offense if, at the time of filing, at least 10 years have elapsed since the completion of the sentence imposed for the offense if the offense is a Class C or D felony. This bill revises this provision to, instead, require at least eight years to have elapsed if the offense is a Class D felony. As used in this bill, an "eligible petitioner" includes a person who was convicted of one of the following Class D felonies committed on or after November 1, 1989:  Theft of property; Theft of services; Extortion; Forgery; Criminal simulation; Illegal possession or fraudulent use of credit card or debit card; Worthless checks; Destruction of valuable papers; False or fraudulent insurance claims; Fraudulent qualifying for set-aside programs; Theft of trade secrets; Sale of recorded live performances without consent; Fraudulent transfer of motor vehicle valued at $20,000 or more; Communication theft; Identity theft; Use of a counterfeit mark or logo; Home improvement fraud; Burglary — other than habitation or automobile; Vandalism; Violation of Tennessee Personal and Commercial Computer Act; Unsolicited bulk electronic mail; False report to law enforcement not involving bomb, fire, or emergency; Manufacture, deliver, sale, or possession of Schedule III drug (fine not greater than $50,000); Manufacture, deliver, sale, or possession of Schedule IV drug (fine not greater than $50,000); Manufacture, deliver, sale, or possession of certain Schedule VI drugs (fine not greater than $50,000); Prescribing or selling steroid for unlawful purpose; Promoting manufacture of methamphetamine;  Produce, manufacture, delivery, sale, or possession of hallucinogenic plant salvia divinorum or the synthetic cannabinoids (first violation); Manufacture, deliver, dispense, sell, or possess with intent to manufacture, deliver, dispense, or sell a controlled substance analogue (first violation); Making counterfeit or altering lottery ticket (fine not greater than $50,000); Making materially false statement on lottery application or record; Unauthorized person conducting charitable gaming event; or Drug fraud.

Statutes affected:
Introduced: 40-32-101(g)(2)(B), 40-32-101