Tennessee Code Title 40. Criminal Procedure § 40-32-101

Current as of January 02, 2024 | Updated by Findlaw Staff

As used in this chapter:

(1) “Court” includes a juvenile court exercising juvenile court jurisdiction over an adult who is charged with an offense that was committed when the person was eighteen (18) years of age or older;

(2) “Criminal offense” or “offense” includes, as the context requires, an implied consent violation under § 55-10-406;

(3) “Mistaken identity” means during the investigation of a criminal offense, a person has been arrested, charged, or indicted for a criminal act and subsequent investigation has revealed that the person arrested was not the individual the arresting officer believed the person to be; and

(4) “Public records,” for purposes of expunction only, does not include:

(A) Arrest histories;

(B) Investigative reports;

(D) Signed orders of expunction that are maintained as confidential records and are not open for inspection by members of the public;

(E) Intelligence information of law enforcement agencies;

(F) Files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public; and

(G) Records of the department of children's services or department of human services that are confidential under state or federal law and that are required to be maintained by state or federal law for audit or other purposes. Whenever an order of expunction issued under this section is directed to the department of children's services or department of human services, the department shall notify the defendant if there are records required to be maintained as directed above and the basis therefor. The department shall delete identifying information in these records whenever permitted by state or federal law. These records are to be expunged whenever their maintenance is no longer required by state or federal law.

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Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-32-101 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-101/

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