A proposal to erase criminal charges filed against about 128,000 people in Nashville has come under fire by some who say it would cost more than $14 million to carry out, according to The Tennessean.
Eight objections were filed in court, prompting Nashville attorney Daniel Horwitz, who brought the class-action case, to make what could be a key change for the idea’s survival. The new element is people would have to opt in to the case to have their records destroyed, instead of opting out, as Horwitz had originally proposed.
Horwitz filed the class-action case before Davidson County General Sessions Judge Rachel Bell in September. It would require that agencies destroy records of 350,000 charges filed against 128,000 people that were dismissed or never prosecuted.
…The Tennessee Department of Correction said in court papers it would cost $6.1 million to destroy their records.
The Tennessee Bureau of Investigation said it already has a backlog of 1,194 orders to destroy cases each month. To destroy records for the 350,000 charges as sought in this case would cost $8.6 million, according to documents filed on behalf of TBI.
Horwitz said TBI’s estimate was more than 100 times what other agencies estimated the cost to be.
“People’s lives shouldn’t be used as leverage to expand a government budget,” he said. “Additionally, given the myriad unresolved problems that exist within Tennessee’s prison system right now, it’s a shame that the TBI and the Department of Correction have focused their attention on shutting down a popular local effort to help thousands of innocent people clear their names.”
Metro government and the state agencies say in court filings that the case cannot be heard in General Sessions court.
Metro Nashville Department of Law says in its objection that the state expungement law, as enacted by the legislature, means only an individual can request to expunge their own case.
In a September hearing, District Attorney Glenn Funk and Criminal Court Clerk Howard Gentry said they supported the mass-destruction of records. Horwitz said 22 individuals and organizations support the effort. He has requested a hearing set for next week be pushed back.