SB 2380

This bill provides that criminal history records related to a conviction for any misdemeanor offense and any offense committed prior to November 1, 1989, that would constitute a misdemeanor offense if committed under current law are eligible to be sealed under this bill. However, domestic assault and driving under the influence are ineligible to be sealed under this bill. This bill authorizes a person to petition the court in which the person was convicted of a criminal offense to seal the person's criminal history records for the offenses listed above . At the time of filing a petition, the person must pay a fee of $500 to be used by the clerk to offset the cost of sealing records. Upon determining that the person is so eligible to have the person's criminal history records sealed, the court must enter an order sealing the records from all public records requests. Howeve r, t he sealed records may continue to be used for all of the following purposes:  By the Tennessee bureau of investigation (TBI) or the federal bureau of investigation (FBI) , in determining whether to approve a firearms transaction or a handgun carry permit application .  By the department of health in maintaining a registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals .  By the Tennessee peace officer standards and training commission in determining whether a person has any recorded convictions in this state and meets the minimum qualifications for law enforcement officers . This bill provides that a person is an eligible petitioner under this bill if the person (i) h as fulfilled the requirements of the sentence imposed by the court in which the person was convicted of the offense , ( ii ) i s not subject to any pending criminal charges; and (iii) has not been convicted of a criminal offense for at least five years, beginning after the completion of any term of imprisonment, supervised or unsupervised release, or probation. If, after the person's records have been sealed, the person is charged with a new offense other than a moving or nonmoving traffic offense, then this bill requires the court that ordered the records to be sealed to rescind the order pending the disposition of the new charge. If the person is convicted of the new offense, then the court must order the records to be unsealed. If the new charges result in any other final disposition, then the court must reinstate the order sealing the person's records.