§ 40-15-106 — Certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense

(a) No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the defendant has not: (1) Had a prior disqualifying felony or misdemeanor conviction; (2) Previously been granted pretrial diversion under this chapter; and (3) Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or § 40-35-313 . (b) The certificate provided by the bureau pursuant to this section is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified under the criteria set out in subsection (a). The certificate is not a certification that the defendant is eligible for diversion pursuant to this chapter and it shall continue to be the duty of the district attorney general and judge to make sufficient inquiry into the defendant's background to determine diversion eligibility.

Legislative History

Acts 1998, ch. 1099, § 6.