Destruction or release of records

(a) 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCCFraud: Intentional deception resulting in injury to another.Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Property: includes both personal and real property. See Tennessee Code 1-3-105Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.True bill: Another word for indictment.Verdict: The decision of a petit jury or a judge.Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(1) (A) (i) All public records of a person who has been charged with a misdemeanor or a felony shall, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if: (a) The charge has been dismissed; (b) A no true bill was returned by a grand jury; or (c) The person was arrested and released without being charged. (ii) (a) Except as provided in subdivision (a)(1)(A)(ii)(b), all public records of a person who has been charged with an implied consent violation under § 55-10-406 must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person if the violation was dismissed without cost. (b) A person is not eligible for expunction under subdivision (a)(1)(A)(ii)(a) if, at the time of the offense of the implied consent violation, the person held: (1) A commercial driver license or a commercial learner permit, as defined in § 55-50-102, and the offense was committed within a motor vehicle, as defined in § 55-50-102; or (2) Any driver license and the offense was committed within a commercial motor vehicle, as defined in § 55-50-102. (iii) The charge has been abated by death, in which case, notwithstanding this subdivision (a)(1)(A) to the contrary, a personal representative of the decedent may file the petition. (B) A person applying for the expunction of records because the charge or warrant was dismissed in any court as a result of the successful completion of a pretrial diversion program pursuant to §§ 40-15-102 – 40-15-107, shall be charged the appropriate clerk’s fee pursuant to § 8-21-401, if applicable, for destroying such records. (C) (i) If a person seeking expunction pursuant to subdivision (a)(1)(A) was arrested or charged due to a case of mistaken identity, the person may provide evidence of the relevant circumstances in the petition and request that the court order the expunction to be expedited. If the court finds that the person was arrested or charged due to mistaken identity, the court shall order the Tennessee bureau