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

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

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: The judge, officers and professional staff of the court; The parties to the proceeding and their counsel and representatives; A public or private agency or institution providing supervision or having custody of the child under order of the court; 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; and 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. 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: The juvenile is fourteen (14) years of age or older at the time of the alleged act; and 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 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. 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. 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. A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law. 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. 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: Is currently seventeen (17) years of age or older; Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication; 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; Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202; and 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; 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; or 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. 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. 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. 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. 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. 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. 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. 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. 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; 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 The juvenile has filed a motion for expunction of all court files and juvenile records. 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. 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 . 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. The court may order all or any portion of a juvenile's court files and juvenile records expunged if: 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; 2016, ch. 1017, §§ 1-4; 2017, ch. 196, § 1; 2017, ch. 197, §§ 1-3; 2017, ch. 199, §§ 1-6; 2018, ch. 1018, § 1; 2019, ch. 177, § 1; 2020, ch. 806, §§ 2-5. Compiler's Notes. Acts 2018, ch. 1018, § 2 provided that the act, which amended this section, shall apply to motions filed on or after July 1, 2018. Amendments. The 2016 amendment, in (f), inserted “or unruly” in the first sentence of the introductory language, substituted “delinquency or unruly adjudication” for “delinquency adjudication” in (1)(A)(ii) and (2); and added (3) and (4). The 2017 amendment by ch. 196 added (f)(11). The 2017 amendment by ch. 197, in (f), substituted “ seventeen (17) years of age or older” for “eighteen (18) years of age or older” at the end of (1)(A)(i); and added (f)(8). The 2017 amendment by ch. 199, in the introductory language of (f)(1), substituted “file a motion” for petition the juvenile court” and inserted “the juvenile” preceding “records” at the end of the first sentence, and substituted “movant” for “petitioner” in the second sentence; in (f)(1)(A), deleted the word “and” at the end of (f)(1)(A)(ii) and added it at the end of (f)(1)(A)(iii); in (f)(1)(B), substituted “motion” for “petition”; in (f)(1)(C), substituted “Has” for “The juvenile had”; rewrote (f)(3) and (4), which read:“(3)(A) In any case in which there is successful completion of an informal adjustment without adjudication under § 37-1-110 , all court files and records shall be expunged by the juvenile court after one (1) year, upon a petition by the child pursuant to § 40-32-101(a) , and without cost to the child. The court shall inform the child, at the time of the informal adjustment, of the need to petition for expunction after a year of successful completion of an informal adjustment and provide the child with a model expunction petition prepared by the administrative office of the courts. The administrative office of the courts shall create a petition 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 petition accessible to all petitioners.“(B) In any case that is dismissed, excluding a case dismissed after successful completion of an informal adjustment, all court files and records shall be expunged by the juvenile court as a part of the court's order of dismissal, without the filing of a petition for expunction, and at no cost to the child. In any case that is dismissed, excluding a case dismissed after successful completion of an informal adjustment, all court files and records shall be expunged by the juvenile court as a part of the court's order of dismissal, without the filing of a petition for expunction, and at no cost to the child.“(4) Any person whose records are expunged under subdivisions (f)(1)–(3) shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral.”;and added (f)(5) through (7), (9), and (10). The 2018 amendment added (f)(12). The 2019 amendment, inserted “aggravated sexual battery,” immediately following “aggravated rape,” in (b)(2). The 2020 amendment redesignated former (b)(1) and (2) as present (b)(1)(A) and (B); in (b)(1)(A), deleted “or more” preceding “years of age” and inserted “or older”; added present (b)(2); added (f)(1)(A)(v) and (f)(13); and in (f)(3) – (f)(5), added “Except as provided in subdivision (f)(13),”. Effective Dates. Act 2016, ch. 1017, § 5. April 28, 2016. Acts 2017, ch. 196, § 2. July 1, 2017. Acts 2017, ch. 197, § 4. July 1, 2017. Acts 2017, ch. 199, § 9. July 1, 2017. Acts 2018, ch. 1018, § 2. July 1, 2018. Acts 2019, ch. 177, § 2. April 23, 2019. Acts 2020, ch. 806, § 6. October 1, 2020. Cross-References. Confidentiality of public records, § 10-7-504 . Law Reviews. Rules of Procedure for Courts with Juvenile Jurisdiction in Tennessee (R.B.J. Campbelle, Jr.), 18 No. 2 Tenn. B.J. 20 (1982). Attorney General Opinions. The media does not have a legitimate interest in juvenile court proceedings such that they have the right to inspect juvenile court records and files that are otherwise protected as confidential by T.C.A. § 37-1-153(a)(5) , since the media's interest in confidential juvenile court records and files as a source of potentially newsworthy information does not qualify as a legitimate interest, OAG 00-128 (8/10/00). Construction of statutes requiring notification of the school when a student has been found delinquent by virtue of committing certain offenses, OAG 07-127, 2007 Tenn. AG LEXIS 127 (8/27/07). Juvenile court official's providing copies of civil petitions alleging child abuse to district attorneys general. OAG 10-124, 2010 Tenn. AG LEXIS 130 (12/30/10). Under T.C.A. § 37-1-153(b) , a judge, member of the court's staff, or clerk would not be prohibited from initiating disclosure of the offenses listed in (b)(2) if the offenses are identified in the pertinent petitions and orders that are open to public inspection. OAG 13-10, 2013 Tenn. AG LEXIS 11 (2/13/13).