Tennessee Background Check Laws
TN Employer Compliance Guide
Tennessee balances employer needs with rehabilitation efforts through its certificate of employability program and public-sector ban-the-box law.
Content updated
Tennessee background check laws at a glance
- Does Tennessee have a ban-the-box law?
- Yes — moderate coverage, applying to public employers only.
- Can employers ask about salary history?
- No statewide salary history ban in Tennessee. Local rules may still apply.
- How far back can a background check go?
- Tennessee follows federal FCRA reporting limitations. No additional state-imposed restrictions beyond the 7-year rule for non-conviction records.
- Governing statutes
- Tennessee Ban-the-Box (Public Sector); Certificate of Employability; T.C.A. § 40-32-101
Tennessee, home to DatabaseRecords.com headquarters, has a moderate approach to employment screening regulation. The state enacted a public-sector ban-the-box law in 2016 and created a unique Certificate of Employability program to help individuals with criminal records re-enter the workforce. Private employers are largely unrestricted in when they can inquire about criminal history, but must comply with federal FCRA requirements. Tennessee also has specific requirements for certain regulated industries.
Ban-the-Box Laws
Tennessee's ban-the-box law (2016) applies only to state and local government employers. State agencies and local governments cannot ask about criminal history on initial job applications. The inquiry is delayed until later in the hiring process, typically after an interview. Private employers are not covered by this law.
State FCRA Variations
Tennessee follows federal FCRA requirements. The Tennessee Consumer Protection Act provides additional consumer protections but does not significantly expand upon FCRA requirements for employment screening.
Reporting Limitations
Tennessee follows federal FCRA reporting limitations. No additional state-imposed restrictions beyond the 7-year rule for non-conviction records.
Expungement & Record Sealing
Tennessee allows expungement of certain criminal records under T.C.A. § 40-32-101. Eligible offenses include dismissed charges, not guilty verdicts, and certain misdemeanors and felonies after completion of sentence. The Certificate of Employability program (T.C.A. § 40-29-107) allows individuals to demonstrate rehabilitation.
Key Screening Rules
State/local government employers delay criminal history inquiry
Applies to: State and local government employers
Private employers may inquire about criminal history at any stage
Applies to: All private employers
Healthcare and childcare workers require fingerprint-based checks
Applies to: Healthcare facilities and childcare providers
Schools require TBI background checks for employees
Applies to: Educational institutions
Frequently Asked Questions: Tennessee
Does Tennessee have a ban-the-box law?
Yes, but only for state and local government employers. Private employers in Tennessee can ask about criminal history at any point in the hiring process.
What is a Certificate of Employability?
A Tennessee program that allows individuals with criminal records to petition the court for a certificate demonstrating rehabilitation. While it doesn't guarantee employment, it provides legal protections to employers who hire certificate holders.
What records can be expunged in Tennessee?
Dismissed charges, not guilty verdicts, certain misdemeanors after completion of sentence, and some felonies. Expunged records generally should not appear on background checks.
Are there special requirements for healthcare employers?
Yes. Healthcare facilities and agencies must conduct fingerprint-based criminal background checks through the TBI for employees who have direct contact with patients.
Key Statutes
Tennessee Ban-the-Box (Public Sector)
2016 — Delays criminal history inquiry for state and local government jobs
Certificate of Employability
2014 — Program allowing individuals with criminal records to demonstrate rehabilitation
T.C.A. § 40-32-101
2012 — Expungement eligibility for certain criminal records
Sources for this Tennessee guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Tennessee primary authority
- TBI background checks — state record request options
Tennessee Bureau of Investigation · content read via web retrieval 2026-10-08; not legal review
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Tennessee guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Tennessee before adopting or changing a screening policy.
States bordering Tennessee
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Tennessee with its neighbors:
Screening services for Tennessee employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Tennessee.
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