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

Ban-the-Box: ModerateApplies to: Public Only

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


This guide is for educational purposes and does not constitute legal advice.

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

Federal authority

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.

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