Tennessee Background Check Laws for Employers
Tennessee background check laws stay light for private employers, yet several state rules still shape every hire.
This guide explains each statute, the agency behind it, and the steps that keep your screening compliant.
Tennessee Background Check Laws at a Glance
Tennessee has no state version of the federal Fair Credit Reporting Act.
Instead, private employers follow the federal FCRA, plus a short list of targeted state statutes.
Those statutes cover public-sector hiring, expungement, driving records, drug testing and several regulated industries.
Meanwhile, state law blocks cities and counties from adding their own hiring rules for private businesses.
The table below lists each law, gives a brief description, and names the agency or entity that administers it.
Use it as a quick reference before you order a Tennessee employment background check.
Tennessee Screening Statutes and the Agencies Behind Them
| Law | Statute | What It Does | Administered By |
|---|---|---|---|
| Fair Credit Reporting Act | 15 U.S.C. § 1681 et seq. | Sets disclosure, authorization, accuracy and adverse action rules for every background report. | Federal Trade Commission and CFPB |
| State ban the box | T.C.A. § 8-50-112 | Bars criminal history questions on initial state government job applications. | Tennessee state agencies as employers |
| Local preemption | T.C.A. § 7-51-1802(d) | Stops local governments from limiting what private employers ask applicants. | Tennessee General Assembly; enforced in court |
| Certificate of employability | T.C.A. § 40-29-107 | Gives employers negligent hiring immunity when they hire a certificate holder. | Tennessee circuit and criminal courts |
| Expunction | T.C.A. §§ 40-32-107, 40-32-110 | Lets eligible people clear records and lawfully decline to acknowledge them. | Tennessee courts; TBI updates state records |
| Judicial diversion | T.C.A. § 40-35-313 | Allows dismissal and expunction after a defendant completes diversion probation. | Tennessee criminal courts |
| Criminal history checks | T.C.A. § 38-6-109 | Governs fingerprint checks for authorized requesters; TORIS sells name-based checks. | Tennessee Bureau of Investigation (TBI) |
| Driving records | T.C.A. § 55-25-101 et seq. | Limits release of personal information from motor vehicle records. | Department of Safety and Homeland Security |
| Drug-free workplace | T.C.A. § 50-9-101 et seq. | Sets testing rules for employers that join the voluntary program. | Bureau of Workers’ Compensation (TDLWD) |
| E-Verify | T.C.A. § 50-1-703 | Requires E-Verify for private employers with 35 or more FTE employees. Smaller employers with six or more must use E-Verify or keep document copies. | Department of Labor and Workforce Development |
| Online privacy | T.C.A. § 50-1-1003 | Bars employers from requesting passwords to personal internet accounts. | Tennessee courts |
| Human Rights Act | T.C.A. § 4-21-101 et seq. | Bars employment discrimination by employers with eight or more employees. | Attorney General’s Civil Rights Enforcement Division |
How the FCRA Shapes Every Tennessee Employment Background Check
Because Tennessee has no mini-FCRA, the federal Fair Credit Reporting Act sets the core process.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
Follow these four steps for every applicant, whatever the job or location.
- 1
Disclose
Give the applicant a clear, standalone written disclosure before you order any report.
Keep extra terms, such as liability waivers, off that form.
- 2
Authorize
Get the applicant’s written authorization next.
Store it with the disclosure so you can prove consent later.
- 3
Pre-Adverse Notice
Send a copy of the report and the CFPB Summary of Rights before you decide.
Then give the applicant a fair chance to respond or dispute.
- 4
Adverse Action
Send a final notice that names the consumer reporting agency.
It must also state that the agency did not make the decision and explain dispute rights.
As a consumer reporting agency, BCS Background Screening LLC follows FCRA accuracy and dispute rules on every report.
You can preview the format in our FCRA employment screening sample report.
Tennessee Criminal Background Check Lookback Rules
Tennessee sets no state lookback limit for criminal records in employment screening.
Therefore, the federal FCRA controls how far back a report may reach.
Under 15 U.S.C. § 1681c, reports may not list arrests or other non-conviction records older than seven years.
However, convictions carry no federal time limit, so they may appear regardless of age.
The seven-year cap also lifts when the job pays $75,000 or more a year.
7 Years
Maximum reach for arrests, dismissed charges and other non-convictions.
No Limit
Federal rule for convictions, with no state cap in Tennessee.
$75,000+
Annual salary that lifts the seven-year cap on non-convictions.
5–10 Years
Waiting period before an eligible conviction qualifies for expunction.
In practice, expunction works as Tennessee’s main time filter.
Once a court grants it, the record should drop out of every compliant report.
Still, the EEOC arrest and conviction guidance asks employers to weigh the age of an offense.
So an old conviction rarely justifies a blanket rejection on its own.
Tennessee Ban the Box Rules for Public and Private Employers
State Government Jobs: T.C.A. § 8-50-112
Tennessee banned the box for state government jobs in 2016.
Under T.C.A. § 8-50-112, state employers may not ask about criminal history on the initial application.
After that first screen, they may ask, but they must let the applicant explain the record.
Agencies also weigh job duties, time elapsed, rehabilitation and the applicant’s age at the offense.
Some positions fall outside the rule.
Specifically, the law exempts jobs where state or federal law already requires a criminal background check.
Those postings must instead state that the position requires a criminal background check.
City and County Government Jobs
Memphis, Shelby County, Nashville-Davidson County, Chattanooga and Hamilton County apply fair chance policies to their own jobs.
These policies govern public hiring within each local government only.
Private Employers: T.C.A. § 7-51-1802(d)
Private employers face no ban the box law in Tennessee.
In fact, T.C.A. § 7-51-1802(d) stops local governments from limiting what employers ask on applications.
That limit applies to rules tied to doing business or contracting with a city or county.
Even so, many employers delay the question until after a conditional offer.
This approach tracks EEOC guidance and widens your talent pool.
Expungement, Diversion and Certificates of Employability
Expunged Records: T.C.A. §§ 40-32-107 and 40-32-110
Tennessee’s expunction rules now sit in T.C.A. §§ 40-32-101 through 40-32-110.
Under § 40-32-107, eligible people may clear certain misdemeanors and Class C, D or E felonies.
Misdemeanors and Class E felonies need five years after the sentence ends.
Class C and D felonies, by contrast, need ten years.
Once a court grants expunction, § 40-32-110 treats the conviction as if it never occurred.
As a result, the person may lawfully decline to acknowledge the record in response to any inquiry.
Employers should never ask about, or act on, expunged records.
Judicial Diversion: T.C.A. § 40-35-313
Judicial diversion lets a court defer judgment while the defendant completes probation.
After successful completion, the court dismisses the case, and the person may seek expunction.
The same right to decline acknowledgment then applies under § 40-35-313(b).
Consequently, a pending diversion case may appear on a report, while a completed and expunged one should not.
Certificates of Employability: T.C.A. § 40-29-107
Tennessee courts may issue a certificate of employability to people with qualifying convictions.
When you hire a certificate holder, § 40-29-107 gives you immunity from negligent hiring claims.
That immunity applies when you knew of the certificate at the time of hire.
Liability returns only if you willfully keep a worker you know became dangerous or committed a felony.
Similarly, a new felony conviction presumptively revokes the certificate.
TBI Criminal Records and Real-Time Tennessee Statewide Searches
The Tennessee Bureau of Investigation (TBI) maintains the state’s central criminal history repository.
Through its TORIS system, TBI sells a name-based Tennessee adult criminal history check for $29.
Fingerprint-based checks, meanwhile, run through the IdentoGO contractor for $50 and search FBI records.
Under T.C.A. § 38-6-109, TBI processes fingerprint checks only for requesters that the law authorizes.
For most private hires, a real-time court-based search offers a practical alternative.
BCS Background Screening LLC offers a real-time Tennessee statewide criminal search for exactly that purpose.
Our quality review team then checks each reportable record before it reaches your report.
Tennessee Driving Record (MVR) Rules for Employers
Tennessee’s Uniform Motor Vehicle Records Disclosure Act, T.C.A. § 55-25-101 et seq., mirrors the federal Driver’s Privacy Protection Act.
It limits who may receive personal information from driving records, and why.
The Tennessee Department of Safety and Homeland Security administers these records.
The department issues three-year and ten-year driving histories for $5 each.
For employment use, you also need FCRA disclosure and written authorization.
Commercial drivers add another layer, because federal DOT rules require an annual MVR review.
BCS Background Screening LLC runs motor vehicle record searches alongside criminal checks in one order.
Drug Testing Under the Tennessee Drug-Free Workplace Program
Tennessee’s Drug-Free Workplace Program, T.C.A. § 50-9-101 et seq., is voluntary.
Employers that join may earn lower workers’ compensation insurance premiums.
The Bureau of Workers’ Compensation, part of the Department of Labor and Workforce Development, runs the program.
In return, covered employers must follow T.C.A. § 50-9-106.
That section requires applicant testing after a conditional offer, plus reasonable-suspicion and post-accident tests.
It also calls for routine fitness-for-duty and follow-up testing.
Employers outside the program may still test, although they should apply written policies consistently.
Other Tennessee Employment Screening Laws
Several more statutes touch the hiring process.
Each one is short, yet each can trigger penalties or lawsuits when ignored.
E-Verify: T.C.A. § 50-1-703
Private employers with 35 or more full-time equivalent employees must use E-Verify for new hires.
The Department of Labor and Workforce Development enforces it, with penalties from $500 to $2,500.
Smaller private employers, with six or more employees, must use E-Verify or keep copies of listed identity and work-authorization documents.
However, for hires on or after January 1, 2027, Public Chapter 622 (2026) lowers that floor to one employee.
From January 1, 2027, the commissioner may also ask local authorities to suspend your business license.
That step applies when you do not cure a violation within 45 days of a final order.
After a third violation, the suspension becomes permanent.
Meanwhile, all state agencies and local governments must use E-Verify for new hires.
Public Chapter 772 (2026) added that mandate, effective July 1, 2026.
Online Privacy: T.C.A. § 50-1-1003
The Employee Online Privacy Act bars requests for passwords to personal internet accounts.
Likewise, employers may not force applicants to add them as social media contacts.
Human Rights Act: T.C.A. § 4-21-101
The Tennessee Human Rights Act bars discrimination by employers with eight or more employees.
Since July 1, 2025, the Attorney General’s Civil Rights Enforcement Division handles complaints.
Credit Reports
Tennessee adds no state limit on employment credit checks.
Nevertheless, FCRA disclosure, consent and adverse action rules still apply in full.
Polygraphs: T.C.A. § 62-27-128
Employers may not take personnel action based solely on polygraph results.
Bass, Berry & Sims flags this rule in its Tennessee background check survey.
References: T.C.A. § 50-1-105
Employers that give truthful, fair references gain qualified immunity.
That protection encourages former employers to share useful work history.
Industry-Specific Background Check Requirements in Tennessee
Some Tennessee jobs require checks by law, regardless of employer size.
In most cases, these checks use fingerprints and run through TBI and the FBI.
Schools and Child Care Programs
Workers in schools and child care programs need fingerprint-based TBI and FBI checks.
Child Care Agencies
Agency staff and volunteers need criminal checks, and abuse histories bar employment.
Nursing Homes and Assisted Care
Facilities must run criminal background checks on covered employees before they start.
Mental Health Providers
Providers must check the vulnerable persons abuse registry before they hire.
Youth-Serving Organizations
Charitable, religious, educational and athletic groups may request fingerprint checks.
Private School Bus Drivers
Drivers with DUI, vehicular assault or drug convictions in the past five years may not drive.
Tennessee Employment Screening From BCS Background Screening LLC
BCS Background Screening LLC builds each order around Tennessee law and the FCRA.
Choose single searches, or bundle them into one package.
Real-Time Tennessee Statewide Search
Search Tennessee criminal records in real time for faster hiring decisions.
County Criminal Court Search
Researchers check county court files for full case details and dispositions.
Nationwide Criminal Database
Locate records across thousands of sources, then verify each hit at the source.
Federal Criminal Search
Find federal cases, such as fraud and drug trafficking, that state searches miss.
Motor Vehicle Records
Review license status, violations and suspensions for driving roles.
FCRA Employment Screening
Combine searches into one compliant report with built-in FCRA steps.
Tennessee Employer Background Check Compliance Checklist
Use this list to audit your process before the next hire.
- Use a standalone FCRA disclosure and get written authorization.
- Confirm that each search matches the job’s duties.
- Exclude expunged records and completed diversion cases.
- Honor the seven-year cap on non-convictions below $75,000.
- Accept certificates of employability and note them in the file.
- Get consent before you order a Tennessee MVR.
- Follow § 50-9-106 if you join the drug-free workplace program.
- Send pre-adverse and adverse action notices on time.
Tennessee Background Check Laws: Employer FAQs
Does Tennessee have a state version of the Fair Credit Reporting Act?
No, Tennessee has no mini-FCRA for employment background checks.
Instead, the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs every report.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
State statutes then add targeted rules for expungement, driving records, drug testing and regulated jobs.
How far back can a Tennessee criminal background check go?
Tennessee sets no state lookback limit.
Under the federal FCRA, 15 U.S.C. § 1681c, non-conviction records older than seven years may not appear.
Convictions, however, may appear regardless of age.
The seven-year cap also lifts for jobs paying $75,000 or more a year.
Does Tennessee have a ban the box law for private employers?
No, the state’s ban the box law, T.C.A. § 8-50-112, covers state government employers only.
It bars criminal history questions on the initial state job application.
Moreover, T.C.A. § 7-51-1802(d) stops cities and counties from limiting what private employers ask.
Memphis, Nashville and other local policies therefore apply only to their own government jobs.
Can Tennessee employers use expunged or diverted records?
No, employers should not ask about or act on expunged records.
Under T.C.A. § 40-32-110, the law treats an expunged conviction as if it never occurred.
Likewise, T.C.A. § 40-35-313 lets people with expunged diversion cases decline to acknowledge them.
Tennessee courts grant these orders, and TBI updates its records afterward.
What protection does a certificate of employability give employers?
Under T.C.A. § 40-29-107, a Tennessee court may issue a certificate of employability.
When you hire a certificate holder and know of the certificate, you gain immunity from negligent hiring claims.
That immunity ends only if you willfully keep a worker you know became dangerous or committed a felony.
How do employers get Tennessee criminal records from TBI?
The Tennessee Bureau of Investigation sells name-based checks through its TORIS system for $29.
Fingerprint checks run through the IdentoGO contractor, and T.C.A. § 38-6-109 limits them to authorized requesters.
Alternatively, BCS Background Screening LLC offers a real-time Tennessee statewide criminal search.
What law governs driving records in Tennessee?
The Uniform Motor Vehicle Records Disclosure Act, T.C.A. § 55-25-101 et seq., controls access to personal data in driving records.
The Department of Safety and Homeland Security administers these records.
Employers must also give FCRA disclosure and get written authorization before ordering an MVR.
Must Tennessee employers drug test job applicants?
Only employers in the voluntary Drug-Free Workplace Program must test applicants.
For them, T.C.A. § 50-9-106 requires a drug test after a conditional offer of employment.
The Bureau of Workers’ Compensation, within the Department of Labor and Workforce Development, administers the program.
Other employers may test under a consistent written policy.
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This guide offers general information, not legal advice. Laws change often, so confirm current rules with employment counsel before you act. Last reviewed: October 2026.