Tennessee § 40-6-204 Contents of examination

Tennessee Statutes

§ 40-6-204 — Contents of examination

Tennessee § 40-6-204

Title40

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Bluebook

Tenn. Code Ann. § 40-6-204 (2026).

Text

(a)The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it.

(b)The affidavit of complaint must contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant.

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(a) The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it. (b) The affidavit of complaint must contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant.

Legislative History

Amended by 2021 Tenn. Acts, ch. 539, s 4, eff. 7/1/2021. Code 1858, § 5021; Shan., § 6980; Code 1932, § 11519; T.C.A. (orig. ed.), § 40-703; 2003 , ch. 366, § 2.