All Roll Calls
Yes: 130 • No: 1
TennesseeSB 1055114th General Assembly (2025-2026)SenateWALLET
AN ACT to amend Tennessee Code Annotated, Title 7; Title 16; Title 38; Title 40; Title 55 and Title 57, relative to expunction.
Sponsored By: Kerry Roberts (Republican)
Became Law
Expunction
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 2 benefits, 0 costs, 5 mixed.
What an expunction order restores
When the court grants expunction, public records of the case are destroyed. You return to the legal status you had before arrest and conviction. You are not guilty of perjury for not listing the expunged case. If you are otherwise allowed to possess a firearm, you can buy one and apply for a handgun carry permit. A copy of the expunction order is proof.
Clear records after dismissal or acquittal
You can expunge records when your charge was dismissed (not for completing diversion), a grand jury returned no true bill, you were arrested and not charged, the case was nolle prosequi, or you were found not guilty on all charges. At a full acquittal, the judge must ask if you want records destroyed right away at no cost. Expunction also covers mistaken identity, denied orders of protection, expired peace bonds with no surety obligations, abatement by death, and some old convictions tied to protesting segregation after 37 years if all conditions are met and the district attorney does not object within 20 days. But you cannot expunge if an implied consent case was dismissed with costs, or dismissed without costs when you had a CDL or it happened in a commercial motor vehicle. You also cannot expunge if you were found not guilty by reason of insanity, were incompetent to stand trial, or were convicted of another offense from the same incident. The law treats implied consent matters as “offenses” for these expunction rules.
Expunction after finishing diversion
If your case was dismissed because you completed pretrial or judicial diversion, you can ask to expunge the records. This does not apply to sexual or violent sexual offenses. You must pay the clerk’s fee for destroying the records set by state fee law.
How expunction petitions and records work
You file in the court that handled your case; the clerk serves the district attorney. The district attorney has up to 60 days to respond, and the court must wait at least 61 days before ruling. The court reviews a TBI certificate and any sealed evidence; eligible petitioners get a rebuttable presumption in favor of relief. If denied, you must wait two years to file again. Certain records are not public and stay confidential, and DCS/DHS must notify you, delete your identifiers when allowed, and expunge when records no longer must be kept. A juvenile court that handled your adult case counts as a court for expunction, and you may ask to keep certain records for public educational display.
Who qualifies to clear convictions
The law lets people expunge certain convictions after they finish all parts of the sentence and wait long enough. It requires 5 years for misdemeanors and Class E felonies, and 10 years for Class C or D felonies. You must pay fines, restitution, and court costs, finish probation or prison, and meet any one‑year sobriety rule if ordered. Some cases from the same incident can count as one offense, and you cannot have had an earlier expunction under these rules. But you cannot expunge drug crimes if you had a commercial driver license and it happened in a vehicle, or if any license and it happened in a commercial motor vehicle. Misdemeanors must be from on or after November 1, 1989.
New funds for expunction services
The state creates a fund for district attorneys to pay for record searches and preparing expunction petitions and orders. Leftover DA money may support prosecutorial needs like experts, training, equipment, travel, and limited staff pay; funds carry forward and are audited yearly. A separate fund in the state treasury covers public defenders’ education and, if approved each year, other defender services; this money also carries forward.
Fix errors and clear online records
If you cannot get full expunction because of a related conviction, you can ask to remove other arrest and charge records from public electronic systems. The law requires removal from national-type systems and court public databases, and entry in the TBI expunged database. The conviction record itself stays. If the court has no record of your arrest, you may petition to expunge that arrest; the clerk must check records and serve the district attorney. A regular clerk’s fee applies in that arrest‑history case.
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Sponsors & Cosponsors
Sponsor
Kerry Roberts
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/14/2025
FLOOR VOTE: as Amended Third Consideration 4/14/2025
Yes: 30 • No: 0
House vote • 4/14/2025
FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/14/2025
Yes: 92 • No: 0
Senate vote • 4/1/2025
SENATE JUDICIARY COMMITTEE
Yes: 8 • No: 1
Actions Timeline
Pub. Ch. 268
4/29/2025Effective date(s) 04/24/2025
4/29/2025Signed by Governor.
4/24/2025SenateSigned by H. Speaker
4/21/2025HouseTransmitted to Governor for action.
4/21/2025SenateSigned by Senate Speaker
4/17/2025SenateEnrolled and ready for signatures
4/16/2025SenateSenate adopted Amendment (Amendment 1 - SA0362)
4/14/2025SenatePassed Senate as amended, Ayes 30, Nays 0
4/14/2025SenateEngrossed; ready for transmission to House
4/14/2025SenateSubst. for comp. HB.
4/14/2025HouseAm. withdrawn. (Amendment 1 - HA0361)
4/14/2025HousePassed H., Ayes 92, Nays 0, PNV 1
4/14/2025HousePlaced on Senate Regular Calendar for 4/14/2025
4/11/2025SenateRecommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 0
4/1/2025SenateAction deferred in Senate Judiciary Committee to 4/1/2025
3/31/2025SenatePlaced on Senate Judiciary Committee calendar for 4/1/2025
3/31/2025SenatePlaced on Senate Judiciary Committee calendar for 3/31/2025
3/26/2025SenatePassed on Second Consideration, refer to Senate Judiciary Committee
2/12/2025SenateIntroduced, Passed on First Consideration
2/10/2025SenateFiled for introduction
2/5/2025Senate
Bill Text
Enrolled / Public Chapter
Fiscal Note
HA0361
Introduced
SA0362
Related Bills
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