RESOLUTION NO. RS2009-1045

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow certain nonviolent felony convictions to be expunged if the offender has been rehabilitated and has had no further criminal convictions.

WHEREAS, a large number of incarcerated persons in Nashville were convicted of nonviolent drug crimes at a relatively young age; and

WHEREAS, once released from jail, many of these convicted felons continue in a life of crime because they are unable to find gainful employment as a result of the conviction; and

WHEREAS, felony convictions, even for nonviolent drug offenses, follow these individuals for the rest of their lives; and

WHEREAS, North Carolina has enacted an expungement program for persons convicted of certain drug offenses if they were under the age of 21 at the time of the offense, have no previous convictions for drug offenses, have been on good behavior for at least a year since the conviction, and have successfully completed a drug education program; and

WHEREAS, the North Carolina fee to have offenses expunged under this program is a nominal sixty-five dollars, which may be waived if the applicant is indigent; and

WHEREAS, it is fitting and proper that an expungement program be enacted in Tennessee to help prevent criminal recidivism and to help persons convicted of nonviolent drug offenses become productive members of society.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow certain nonviolent felony convictions to be expunged if the offender has been rehabilitated and has had no further criminal convictions.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jerry Maynard