Expunction - As enacted, permits a court to expunge certain violent offenses for which a person has been pardoned; requires the court to consider, in weighing the best interests of justice and public safety, whether the , the official text

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                             PUBLIC CHAPTER NO. 719

                                                    SENATE BILL NO. 2197

                                                             By Johnson

                                           Substituted for: House Bill No. 2452

                                                 By Garrett, Davis, Pearson

AN ACT to amend Tennessee Code Annotated, Title 40, relative to expungements following a
          pardon.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 40-32-107(d)(1), is amended by deleting
the language "was convicted of a nonviolent crime if the person".

          SECTION 2. Tennessee Code Annotated, Section 40-32-107(d)(1 )(A), is amended by
deleting the subdivision and substituting:

                    (A) Petitioned the court in which the petitioner was convicted of the offense and the
          judge finds the conviction was not for one (1) of the following felony offenses, or an attempt,
          conspiracy, facilitation, or solicitation to commit one (1) of the following felonies:

                              (i) Section 39-13-202 - First degree murder;

                              (ii) Section 39-13-210 - Second degree murder;

                              (iii) Section 39-13-305 - Especially aggravated kidnapping;

                              (iv) Section 39-15-402 -Aggravated child abuse;

                              (v) Section 39-13-403 - Especially aggravated robbery;

                              (vi) Section 39-13-805 - Commission of act of terrorism; or

                              (vii) A sexual offense for which the offender is required to register as a sexual
                    offender or violent sexual offender under chapter 39, part 2 of this title, or any sexual
                    offense involving a minor;

          SECTION 3. Tennessee Code Annotated, Section 40-32-108(d)(2), is amended by deleting
the subdivision and substituting:

                    (2) In making a decision on the petition, the court shall weigh the interest of the
          petitioner against the best interests of justice and public safety. If the petitioner is an eligible
          petitioner pursuant to § 40-32-107(a)(1)(A)-(E) and meets the applicable requirements in §
          40-32-107, then there is a rebuttable presumption that the petition should be granted. If the
          petitioner is an eligible petitioner pursuant to § 40-32-107(d), the court shall consider, in
          weighing the best interests of justice and public safety, whether the offense sought to be
          expunged was violent and any other relevant factors presented by the petitioner and the
          district attorney general.

          SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.
         SENATE BILL NO. 2197

PASSED:  March 30, 2026

                                             RANDYfJlcNALLY
                               SPEAKER OF THB. SENA TE

                                  ~

                         '' CAMEP9E ff:'CTON, SPEAKER

                         HOUSE OF REPRESENTATIVES

f\.pr:{ APPROVED this !l.(tl. day of  I  2026

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            BILL LEE, GOVERNOR