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SB 2197

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 offense sought to be expunged was violent and any other relevant factors presented by the petitioner and the district attorney general. - Amends TCA Title 40.

114th Regular Session (2025-2026)

Allows Tennessee courts to erase violent crime records for pardoned individuals after weighing public safety and justice factors, giving judges final discretion on expungement.

Pub. Ch. 719
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Bill Summary · SB 2197

Legislative bill overview

SB 2197 allows courts to expunge (erase) criminal records for certain violent offenses when a person has received a gubernatorial pardon. The bill requires courts to weigh factors including the violent nature of the offense, public safety concerns, and arguments from both the petitioner and district attorney before deciding whether to grant expungement.

Why is this important

Expungement of violent crime records can significantly affect a person's ability to obtain employment, housing, professional licenses, and other opportunities after rehabilitation and pardon. The bill creates a mechanism for those deemed worthy of clemency by the governor to potentially remove the public stigma of conviction, though judges retain discretion to deny requests based on public safety.

Potential points of contention

  • Public safety balance: Expunging violent crime records removes information that employers, landlords, and other entities use for safety decisions; critics may argue this prioritizes individual rehabilitation over community protection
  • Judicial discretion concerns: The vague "best interests of justice" standard gives judges significant latitude, potentially creating inconsistent outcomes across counties and leaving prosecutors uncertain about standards
  • Scope limitations: The bill only applies to pardoned individuals, raising questions about why non-violent offenders cannot access similar relief and whether pardon power should be a prerequisite for record clearing

Compiled from official sources — confirm details with the bill’s official record.

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