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2009 Tennessee Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagtn0009 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 January 8, 2009 Opinion No. 09-01 Requirements for Registered Out-of-State Sex Offenders with Expunged Convictions QUESTION Are out-of-state sex offenders, whose convictions have been expunged, but who are still required to register in another jurisdiction, required to register in Tennessee if they meet the residency or other physical presence requirements that are set forth in Tenn. Code Ann. § 40-39- 203 (2008 Supp.)? OPINION Yes. Out-of-state sex offenders whose convictions have been expunged are required to register in Tennessee if they were required to register as any form of sexual offender in another jurisdiction prior to their physical presence in Tennessee and if they meet the residency or other physical presence requirements that are set forth in Tenn. Code Ann. § 40-39-203 (2008 Supp.). ANALYSIS Out-of-state sex offenders are required to register after they establish sufficient contact with Tennessee.I Tenn. Code Ann. § 40-39-203(a)(1) (2008 Supp.) states: Within forty-eight (48) hours of establishing or changing a primary or secondary residence, establishing a physical presence at a particular location, becoming employed or practicing a vocation or becoming a student in this state, the offender shall register or report in person, as required by this part. Persons who successfully complete judicial diversion may move to have the records related to their convictions expunged. Tenn. Code Ann. § §40-32-101(a)(1)(C) and 40-35-313(b) (2008 Supp.). A sexual offender who obtains an expungement order from a court of competent jurisdiction and pursuant to Tenn. Code Ann. § 40-32-101 (2008 Supp.) is entitled to immediate removal from the registry. Tenn. Code Ann. § 40-39-207(a)(2) (2008 Supp.) states: ' Offenders include persons who have been convicted of sexual and violent sexual offenses. Tenn. Code Ann. § 40- 39-202(10) (2008 Supp.). The term conviction is defined to include guilty pleas, guilty verdicts and judicial diversion under Tenn. Code Ann. § 40-35-313 or its equivalent in another jurisdiction. Tenn. Code Ann. § 40-39- 202(2) (2008 Supp.).

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