Tennessee employers run background checks under two layers of law. The federal Fair Credit Reporting Act sets the baseline process for any employer using a third party to pull a report. Tennessee law adds rules on top, covering criminal history records, expungement, who must be fingerprinted, and how the state’s lawful employment and E-Verify requirements apply to a new hire. This guide separates the two layers. It is general information, not legal advice, and employers facing a specific hiring decision should talk with counsel.
The federal baseline: FCRA duties apply regardless of state
If an employer orders a background check from a consumer reporting agency rather than doing the digging itself, the Fair Credit Reporting Act governs the process nationwide, including in Tennessee. The permissible purpose and procedural requirements are codified at 15 U.S.C. 1681b, and the Federal Trade Commission’s implementing rules sit in 16 CFR Part 698. The core employment steps are:
- Give the applicant a clear, standalone written disclosure that a background check will be obtained.
- Get written authorization from the applicant before ordering the report.
- If the employer is considering denying employment based in whole or in part on the report, send a pre-adverse action notice along with a copy of the report and a copy of the consumer’s Summary of Rights, then wait a reasonable period before any final decision.
- If the employer proceeds with the adverse decision, send a final adverse action notice that identifies the reporting agency and explains the consumer’s right to dispute the report and get a free copy of it.
These duties apply the same way statewide, regardless of what Tennessee adds on top, and an employer cannot substitute a state process for the federal disclosure and authorization steps.
Tennessee criminal history checks through the TBI
Tennessee’s state repository for criminal history records is maintained by the Tennessee Bureau of Investigation. State law at Tennessee Code Annotated Title 38, Chapter 6 sets out how criminal history information is collected, stored, and released, including the fingerprint based record checks certain licensed occupations and regulated employers must obtain. The statute sets the framework; the agency administers the day to day process, including how authorized employers and licensing boards request a name based or fingerprint based record. See the Tennessee Bureau of Investigation for current procedures.
Fingerprint based checks through the TBI, and for many regulated roles the FBI, are typically required for occupations working with children, the elderly, or vulnerable adults, such as licensed child care staff, many school employees, and certain healthcare positions. A general retail or office hire is not automatically subject to a state fingerprint requirement; that obligation usually comes from a specific licensing statute tied to the role, not a blanket rule for every employer.
Expungement under Tennessee law
Tennessee’s expungement statute is codified at Tennessee Code Annotated Title 40, Chapter 32, with the general provisions at section 40-32-101. The law has been amended more than once in recent years to expand which charges can qualify and to adjust waiting periods, so the list of expungeable offenses is not static; an employer should check the current statute rather than an older summary. A properly expunged record generally should not appear on a new criminal history search once the expungement order has been processed. A record can still surface if it was not actually expunged, if the order has not yet reached every database, or if the matter is a sealed record rather than a true expungement; those outcomes are not the same thing.
No statewide ban the box for private employers, with a narrower rule for state government
Tennessee does not have a general law barring private employers from asking about criminal history on a job application or early in the hiring process. Private employers may generally ask about convictions on an application, subject to the federal rules above and any local or contract specific policy. Tennessee has taken a narrower step for its own executive branch hiring: the state removed the criminal history question from initial applications for most state government jobs, deferring that inquiry to later in the process. That policy covers state hiring, not private employers, so a private business should not assume a ban the box requirement applies unless a specific local ordinance says otherwise.
The Tennessee Lawful Employment Act and E-Verify
Tennessee requires employers to verify that new employees are authorized to work in the United States. The Tennessee Lawful Employment Act, codified in Tennessee Code Annotated Title 50, Chapter 1, Part 7, sets out verification and recordkeeping obligations that vary by employer size, including use of the federal E-Verify system or acceptable alternative documentation below the E-Verify threshold. This is a separate track from criminal history screening: one confirms eligibility to work, the other assesses risk from a candidate’s history. Failing the lawful employment verification duty carries its own state penalties, independent of anything related to a criminal record search. Current employer resources are maintained by the Tennessee Department of Labor and Workforce Development.
Healthcare, childcare, and other fingerprint driven sectors
Several licensed sectors in Tennessee layer additional fingerprint based screening on top of the general rules above. Childcare programs, many school system employees and contractors, and numerous healthcare licensure categories are subject to fingerprint based state and federal criminal history checks administered through the state repository, usually tied to a specific licensing board or program statute rather than one general law. These requirements are scattered across different licensing chapters, so an employer in a regulated sector should confirm which specific statute or board rule applies to its role rather than assuming the general rules above cover a licensed position.
Using criminal history fairly once you have it
Tennessee has no statewide law dictating how a private employer must weigh a criminal record once it is lawfully obtained, but federal nondiscrimination law still constrains its use. A blanket policy excluding anyone with any criminal record can run afoul of Title VII if it has a disproportionate effect on a protected group without being job related and consistent with business necessity. Current EEOC guidance on the factors employers may consider, including the nature of the offense, the time passed, and the nature of the job, is at the EEOC’s background checks guidance page. Employers should treat a criminal history hit as a starting point for an individualized look, not an automatic disqualifier, and should document that reasoning.
What can be reported and when: a quick reference
| Item | Governed by | Key point for Tennessee employers |
|---|---|---|
| Standalone disclosure and written authorization | Federal FCRA, 15 U.S.C. 1681b | Required before ordering any third party report, regardless of state |
| Pre-adverse and adverse action notices | Federal FCRA | Required any time the report factors into a negative decision |
| State criminal history record access | TCA Title 38, Chapter 6; TBI | Fingerprint checks generally required only where a specific licensing or program statute requires one |
| Expunged or sealed records | TCA Title 40, Chapter 32 | Eligibility categories have changed with recent amendments; confirm current status rather than assuming a record qualifies |
| Asking about convictions on an application | No statewide private sector ban the box; narrower state hiring policy | Private employers are not generally barred from asking, subject to federal rules and any local policy |
| Work authorization verification | TCA Title 50, Chapter 1, Part 7 (Tennessee Lawful Employment Act) | Separate obligation from criminal history screening; E-Verify or alternative documentation required by employer size |
| Fingerprint checks for regulated roles | Sector specific licensing statutes | Common in childcare, schools, and healthcare; confirm the specific board rule |
A practical FCRA process checklist for Tennessee employers
- Provide a standalone disclosure document, separate from the application, before ordering a report.
- Obtain signed, written authorization from the applicant or employee.
- Order the report only for a permissible employment purpose.
- If a negative decision is possible, send a pre-adverse action notice with a copy of the report and the Summary of Rights, then wait a reasonable period.
- Weigh the specific record against the specific job rather than applying a blanket exclusion.
- If proceeding with the adverse decision, send the final notice naming the reporting agency and explaining dispute rights.
- Separately confirm whether a fingerprint based state check applies, and keep lawful employment verification on its own track.
Frequently asked questions
Does Tennessee have a statewide ban the box law for private employers?
No. Tennessee has no general statute barring private employers from asking about criminal history on an application. The state adjusted the timing of that question for many of its own executive branch hiring processes, but that policy covers state government jobs, not private employers.
Do all Tennessee employers have to run a fingerprint based background check?
No. Fingerprint based checks through the Tennessee Bureau of Investigation and the FBI are generally required for specific licensed or regulated roles, such as many childcare, school, and healthcare positions, where a particular licensing statute calls for one, not for employers in general.
If a record has been expunged in Tennessee, will it still show up on a background check?
A record properly expunged under Tennessee Code Annotated Title 40, Chapter 32 generally should not appear on a search once the expungement has been processed. Eligibility rules have changed with recent amendments, so check the current statute rather than assuming a given charge qualifies.
Is E-Verify mandatory for every employer in Tennessee?
The Tennessee Lawful Employment Act requires work authorization verification, and the method, E-Verify or acceptable alternative documentation, depends on employee count, under Tennessee Code Annotated Title 50, Chapter 1, Part 7. It is a separate duty from criminal history screening.
Can a Tennessee employer deny employment based on any criminal conviction, no matter how old or unrelated to the job?
Federal nondiscrimination law limits blanket exclusion policies that are not job related and consistent with business necessity. Employers generally should weigh the offense, the time passed, and the job itself rather than applying an automatic exclusion, and consult counsel for a specific decision.
Does the FCRA process change because the employer is in Tennessee rather than another state?
No. The federal disclosure, authorization, and adverse action requirements apply the same way nationwide. Tennessee’s rules on criminal history records, expungement, and work authorization sit on top of that federal baseline rather than replacing it.
Tennessee employers building a hiring process also tend to look at ban the box and fair chance hiring laws and the individualized assessment factors the EEOC expects employers to weigh after a criminal history hit. A compliant screening program is available through Reveal Background.
This article is general information about Tennessee and federal background check rules, not legal advice. Employers should consult qualified counsel about how these laws apply to a specific hiring decision.
