Expunction of person’s public records involving offenses related to status as victim of human trafficking

[Effective Until 7/1/2024] (a) Notwithstanding § 40-32-101, a person may file a petition for expunction of that person’s public records involving offenses related to the person’s status as a victim of human trafficking. Ask a legal question, get an answer ASAP!(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.Person: includes a corporation, firm, company or association. 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.Record: 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 1-3-105State: 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 1-3-105Testimony: Evidence presented orally by witnesses during trials or before grand juries.Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(b) In order to be eligible for expunction pursuant to this section, the petitioner must meet the following requirements: (1) At the time of the filing of the petition for expunction at least one (1) year has elapsed since the completion of the sentence imposed for the petitioner’s most recent criminal offense; (2) The petitioner has fulfilled the following requirements of the sentence imposed by any court in which the individual was convicted of an offense: (A) Completion of any term of imprisonment or probation; (B) Meeting all conditions of supervised or unsupervised release; and (C) If so required by the conditions of any of the sentences imposed, remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one (1) year; (3) The petitioner has not been convicted of any criminal offense during the one (1) year prior to filing the petition and is not subject to any pending criminal charges; (4) [Deleted by 2022 amendment.] (5) The petitioner has not had public records previously expunged pursuant to this section; (6) The convictions to be expunged: (A) Did not have as an element the use, attempted use, or threatened use of physical force against the person of another; (B) Did not involve the use or possession of a deadly weapon; and (C) Are individually eligible for expunction under § 40-32-101(g); and (7) Each of the convictions to be expunged resulted from the petitioner’s status as a victim of human trafficking, under § 39-13-314. The petitioner may provide evidence of this requirement by testimony or affidavit. This subdivision (b)(7) does not require a conviction for an offense of which the petitioner was the victim. Any offense to be expunged must have occurred on or after the date on which the petitioner became a victim of human trafficking, as determined by the court. (c) A person seeking expunction pursuant to this section must petition the court in which the person was most recently convicted of an offense. Upon filing of the petition, the clerk must serve the petition on the district attorneys general for each jurisdiction in which the petitioner has been convicted of an offense that is to be expunged. Not later than sixty (60) days after service of the petition, the district attorneys general may submit recommendations to the court and provide a copy of such recommendations to the petitioner. (d) Both the petitioner and the district attorneys general may file evidence with the court relating to the petition. If necessary, the court may schedule a hearing for the purpose of taking testimony from the petitioner and any other interested persons. In making a decision on the petition, the court shall consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety. (e) If the court determines that the petitioner meets the requirements of subsection (b) and that the expunction is in the best interests of justice and public safety, the court shall order the person’s records involving convictions resulting from the person’s status as a victim of human trafficking expunged. (f) If the court denies the petition, the petitioner may not file another such petition until at least two (2) years from the date of the denial. (g) The district attorneys general conference shall create, by September 1, 2019, a simple form to enable a lay person to petition the court for expunction under this section. (h) The petition and proposed order must be prepared by the office of the district attorney general