Cynthia S. Lyons

Attorney at Law

Cynthia Lyons

By

NEW LAWS IN 2017: “E” IS FOR EXPUNGEMENT

Second In A Series About New Laws in Tennessee, 2017

The legislators have gone home and the Governor has writer’s cramp, so now it’s time for the rest of us to try to sort out the legislature’s work product for 2017.  The next topic will be expungement.

fee reduction

  1.  Fee Reduction:  Public Chapter 456 reduces from $350 to $180 the expunction fee for criminal convictions.  This law took effect May 25, 2017.
  2. expunge_zpsyr4sguxdTwo Convictions:  Public Chapter 298 permits a person who has no more than two convictions to petition on a one-time basis for expunction of both convictions, if each offense is otherwise eligible for expunction and if the offenses were two misdemeanors, or one misdemeanor and one felony.  This law took effect May 5, 2017.
  3. record in trashJuveniles: Public Chapter 197 requires expunction of certain juvenile records upon motion.  This applies to juvenile records which contain only unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult.  This law takes effect July 1, 2017.
  4. Juveniles:  Public Chapter 199 creates a process for the expunction of juvenile court records for cases in which the juvenile successfully completed pretrial or judicial diversion.  This law takes effect July 1, 2017.

Check back here in the coming days and weeks to stay updated on this year’s new laws.

By

NEW LAWS IN 2017: “A” IS FOR ALCOHOL

First In A Series About New Laws in Tennessee, 2017

The legislators have gone home and the Governor has writer’s cramp, so now it’s time for the rest of us to try to sort out the legislature’s work product for 2017.  The first topic will be one which receives seemingly endless tweaking, year after year:  alcohol.

Jack-Daniel-3

  1.  Public Chapter 295 amends T.C.A. section 57-3-202(i) by adding language to allow distilleries to sell spirits distilled on the premises to persons of legal drinking age.  This law took effect May 4, 2017.
  2. Public Chapter 136 designates the month of April as “Tennessee Craft Beer and Cider Month.”  This law took effect April 17, 2017.

craft-beer-magazine-logo

Pretty easy to follow so far, right?  Fasten your seatbelt.

3.  Public Chapter 304 amends the Implied Consent law.  Among other things, this law requires a search warrant or written consent prior to a blood test (as opposed to a breath test) being performed to determine alcoholic or drug content of a driver’s blood.  This law takes effect July 1, 2017.

Check back here in the coming days and weeks to stay updated on this year’s new laws.

 

By

Divorce News

Big change for Tennessee state employees:  Effective 7/1/2016, the Tennessee Consolidated Retirement System (TCRS) is accepting QDRO forms for divorcees.  This is good news for state employees going through a divorce because QDROs divide retirement benefits with certainty.  This is good news for the paying spouse due to potential tax benefits, and good news for the receiving spouse because he/she will not have to depend on the ex-spouse to make timely payments — payments will be made directly by TCRS.

From the TCRS web page:  For TCRS members whose divorce decree or separation agreement awards a share of the TCRS pension benefit, TCRS is now accepting Qualified Domestic Relations Orders (QDRO) dated on or after July 1, 2016, that are submitted in accordance with TCRS Rules and using the prescribed form provided below. A certified copy of the completed QDRO form entered by the court is necessary in order for TCRS to recognize and award a portion of a member’s pension benefit to a member’s former spouse.

Read the TCRS Instructions for Completion and Submission of a Qualified Domestic Relations Order here.

TCRS will only accept QDROs on the form provided by TCRS, which may be accessed here.

As always, consult with an attorney for guidance on this issue.