Tennessee: Juvenile Court Records and Law Enforcement Records (TN-CR-9)

A record in any case in which a juvenile is tried and adjudicated delinquent or unruly 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 may be expunged if 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. Tenn. Code Ann. § 37-1-153(f)(12).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This section applies only to acts of prostitution or aggravated prostitution under Tenn. Code Ann. §§ 39-13-513 and 39-13-516. Tenn. Code Ann. § 37-1-153(f)(12).

Procedure General

A motion must be filed with the juvenile court to request expungement of all court files and records. Tenn. Code Ann. § 37-1-153(f)(12).

Fees

No statutory language.

Effect

The order of expungement, the original delinquent petition, and the order of adjudication and disposition will 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. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9).

Waiting Periods

There is no waiting period.

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