Senate Bill 2197, also known as House Bill 2452, amends the Tennessee Code Annotated regarding the expungement of criminal records following a pardon. The bill removes the requirement that a person must have been convicted of a nonviolent crime to be eligible for expungement. It also revises the criteria for petitioning the court for expungement by specifying that the judge must find the conviction was not for certain serious felony offenses, including first and second degree murder, aggravated child abuse, and various sexual offenses.

Additionally, the bill establishes that when the court is making a decision on a petition for expungement, it must balance the interests of the petitioner with the interests of justice and public safety. If the petitioner meets the eligibility criteria, there is a rebuttable presumption that the petition should be granted. The court is required to consider whether the offense was violent and any other relevant factors presented by both the petitioner and the district attorney general. This act will take effect upon becoming law.

Statutes affected:
Introduced: 40-32-107(d)(1), 40-32-107, 40-32-107(d)(1)(A), 40-32-108(d)(2), 40-32-108