NASHVILLE, Tenn. – A class action motion was filed in the Davidson County General Sessions Court Tuesday that was hoped to soon help thousands of Nashville residents benefit from.
Daniel Horwitz, a Nashville attorney, filed the motion, which was the first of its kind in the country.
“Rarely do you get to wake up and get into court and do something that would help 100,000 people get a job or housing,” said Horwitz.
When it was filed, Tennessee law stated anyone whose case did not result in a conviction was entitled to have his or her records expunged free of charge if they filed a petition for expungement with the Clerk’s office.
However, many people neglected to do that, and assumed their records had been expunged automatically. Often, the situation didn't come to light until the individual applied for a job, tried to buy a house, or attempted something else that required a background check.
Horwitz said this motion was designed to help the people who fall through the cracks.
“It allows people to gain access to employment and prevents discrimination by landlords in housing situations across the board,” said Horwitz.
According to an affidavit filed by the Criminal Court Clerk’s office, the proposal would benefit 128,000 people and apply to 350,000 separate cases that were either not prosecuted due to lack of evidence or were dismissed between the years 2000 and 2012.
The motion would also benefit the hundreds of clients at Project Return in Nashville. The non-profit organization worked to get former prisoners back on their feet by helping them with food, clothing and jobs.
“Anytime someone can get their record paired down, it’s a benefit to them,” said Bettie Kirkland, Executive Director of Project Return. “We know that every little bit that someone can do to get them on the right path is a benefit.”
Horwitz said the motion was supported by Glenn Funk, the Davidson County District Attorney, Howard Gentry, the Davidson County Criminal Court Clerk, and several Metro Council Members and members of the Tennessee State Legislature.
Judge Rachel L. Bell was reviewing the motion. She was expected to rule on it in November.
