§ 37-1-153 — Court files and records - Inspection limited - Exceptions for certain violent offenders - Confidentiality - Expunction

Tennessee § 37-1-153

• Jurisdiction: Tennessee
• Title: 37

Text

(a) Except in cases arising under § 37-1-146 , all files and records of the court in a proceeding under this part are open to inspection only by: (1) The judge, officers and professional staff of the court; (2) The parties to the proceeding and their counsel and representatives; (3) A public or private agency or institution providing supervision or having custody of the child under order of the court; (4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court; (5) With permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court; and (6) The Tennessee bureau of investigation for the limited purpose of performing a background check prior to the transfer of a firearm pursuant to § 37-1-190 or to determine eligibility for a handgun carry permit pursuant to § 37-1-190 and § 39-17-1351 or § 39-17-1366 . (b) Notwithstanding subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if: (1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or (2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism. (c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential. (d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the files and records of the juvenile court, including the child's name and address. (2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law. (e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051 , an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051 . (f) (1) Notwithstanding any law to the contrary, any person who is tried and adjudicated delinquent or unruly by a juvenile court may subsequently file a motion for expunction of all court files and the juvenile records. The court may order all or any portion of the requested expunction if, by clear and convincing evidence, the court finds that the movant: (A) (i) Is seventeen (17) years of age or older and is not currently prohibited from possessing or purchasing a firearm pursuant to § 37-1-190; (ii) Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication; (iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134 , and has never been convicted of a sexual offense as defined in § 40-39-202 , whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134 , or as an adult; (iv) Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202 ; and (v) Does not have an adjudication of delinquency for a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism; (B) Has maintained a consistent and exemplary pattern of responsible, productive and civic-minded conduct for one (1) or more years immediately preceding the filing of the expunction motion; and (C) Has made such an adjustment of circumstances that the court, in its discretion, believes that expunction serves the best interest of the child and the community. (2) Nothing in this subsection (f) shall be construed to apply to any law enforcement records, files, fingerprints or photographs pertaining to any delinquency or unruly adjudication. (3) Except as provided in subdivision (f)(13), in any case in which there is successful completion of an informal adjustment without adjudication under § 37-1-110 , the juvenile records shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the informal adjustment, of the need to file the motion for expunction after a year of successful completion of an informal adjustment and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all movants. (4) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a pretrial diversion pursuant to § 37-1-110 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the pretrial diversion, of the need to file the motion for expunction after a year of successful completion of the pretrial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants. (5) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a judicial diversion pursuant to § 37-1-129 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the judicial diversion, of the need to file the motion for expunction after a year of successful completion of the judicial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants. (6) In any case that is dismissed, excluding a case dismissed after successful completion of an informal adjustment, pretrial diversion, or judicial diversion, the juvenile record shall be expunged by the juvenile court as a part of the court's order of dismissal, without the filing of a pleading for expunction, and at no cost to the child. (7) A motion for expunction may be filed prior to the one-year period outlined in subdivisions (f)(3), (f)(4), and (f)(5). If the motion is filed, the court may order all or any portion of the requested expunction if the court finds by clear and convincing evidence that the movant has successfully completed the informal adjustment or diversion and has made such an adjustment of circumstances that the court, in its discretion, determines that expunction serves the best interest of the child and the community. (8) In any case in which a child's juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the child's completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge after a year from the successful completion of probation and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall circulate the motion to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children. (9) The order of expunction, the original delinquent or unruly petition, and the order of adjudication and disposition under subdivisions (f)(1)-(8) shall be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. The sealed orders and petition shall not be released to anyone except at the written request of the person whose records are expunged or in response to an order of a court with proper jurisdiction. Any person whose records are expunged under subdivisions (f)(1)-(8) shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. Once a person's juvenile record is expunged, the person shall not be held criminally liable under any provision of state law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record or arrest in response to any inquiry made of the person for any purpose. (10) For purposes of this subsection (f), a juvenile record includes all documents, reports, and information received, kept, or maintained in any form, including electronic, by the juvenile court clerk or juvenile court staff relating to a delinquency or unruly case, with the exception of assessment reports under § 37-1-136 . (11) The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge the child's juvenile record. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children. (12) The court may order all or any portion of a juvenile's court files and juvenile records expunged if: (A) The juvenile is tried and adjudicated delinquent or unruly by a juvenile court for conduct that would constitute the offense of prostitution under § 39-13-513 or aggravated prostitution under § 39-13-516 if committed by an adult; (B) The court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under § 39-13-314 ; and (C) The juvenile has filed a motion for expunction of all court files and juvenile records. (13) A juvenile court shall not expunge a juvenile record following successful completion of an informal adjustment under § 37-1-110 , pretrial diversion under § 37-1-110 , or judicial diversion under § 37-1-129 , if the child was accused of a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.

Legislative History

Amended by 2024 Tenn. Acts, ch. 973,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 5, eff. 7/1/2024. Amended by 2020 Tenn. Acts, ch. 806, Secs.s 3, s 4, s 5 eff. 10/1/2020. Amended by 2020 Tenn. Acts, ch. 806, s 2, eff. 10/1/2020. Amended by 2019 Tenn. Acts, ch. 177, s 1, eff. 4/23/2019. Amended by 2018 Tenn. Acts, ch. 1018, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 199, Secs.s 1, s 2, s 3, s 4, s 5, s 6 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 197, Secs.s 1, s 2 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 196, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1017, Secs.s 1, s 2, s 3, s 4 eff. 4/28/2016. Acts 1970, ch. 600, § 51; T.C.A., § 37-251; Acts 1994, ch. 998, § 1; 1999, ch. 366, § 1; 2003 , ch. 238, § 2; 2005, ch. 265, § 4; 2005, ch. 412, § 1; 2007 , ch. 552, § 1; 2011 , ch. 483, § 2.