Background Checks in Tennessee.

Who this guide is for

This is a practical compliance guide for Tennessee employers running pre-employment background checks. It covers what state law allows, the unique Tennessee rules around expungement (§ 40-32-101) and judicial diversion (§ 40-35-313), the Tennessee Abuse Registry mandatory check for long-term care, what an actual check returns, where Tennessee has unusual limitations, and which package fits common industries (healthcare — Nashville is the U.S. healthcare capital, music and entertainment, auto manufacturing, logistics — Memphis is FedEx\'s world hub, banking and professional services, hospitality, transportation).

When Tennessee employers should screen

Tennessee employers commonly request these checks depending on the role and industry:

• Criminal background check — county-level direct searches, TBI Criminal History (state repository), and a multi-state national database
• Motor vehicle records (MVR) — required for any role involving driving company vehicles or transporting passengers, cargo, or hazardous materials
• Employment verification — confirm prior job titles, dates, and reason for separation (where lawful)
• Education verification — required for licensed professions (nursing, teaching, accounting, engineering, professional services)
• Professional license verification — Tennessee Department of Health (medical, nursing, allied health), Tennessee Department of Commerce and Insurance, Tennessee State Board of Accountancy, etc.
• Drug and alcohol testing — fully permitted; cannabis testing allowed (no state restrictions)
• TBI / DHS / Abuse Registry checks — required for school employees, licensed childcare, and long-term care direct-care
• Tennessee Abuse Registry — required check for long-term care, home health, hospice, and certain other healthcare direct-care hires
• FMCSA Clearinghouse + PSP — required for CDL drivers under federal law (handled via our DOT compliance program)
• OIG / SAM exclusion search — required for any employer billing federal healthcare programs

Tennessee compliance table

Topic	Rule	What employers should do
Ban-the-box / Fair Chance	No statewide rule for private employers. T.C.A. § 8-50-112 covers state agencies. No major Tennessee city has a private-employer ordinance.	Lawful to ask about criminal history at application or interview, subject to FCRA. Apply EEOC guidance: consider job-relatedness, time elapsed, and consistency in adverse-action decisions.
Criminal lookback	FCRA only — 7-year limit on non-conviction records. Convictions reportable indefinitely under federal FCRA. No state-specific lookback cap.	Use a CRA that respects FCRA limits. Consider business-relevance and time elapsed when evaluating older convictions.
Expunged / sealed records	T.C.A. § 40-32-101 et seq. (expungement) and § 40-35-313 (judicial diversion) — eligible records must be removed from court files and TBI repository; CRAs cannot report.	Do not consider expunged or successfully diverted records. If they appear on a CRA report, file an FCRA dispute. Verify status before any adverse action.
Cannabis (off-duty use)	No state-law employment protection. Tennessee has not legalized recreational or comprehensive medical cannabis; the narrow low-THC CBD program does not provide employment protection.	Pre-employment cannabis testing is fully permitted. Document a clear written drug policy and apply consistently. Continue cannabis testing for DOT-regulated CDL drivers and federal contractors as required.
Salary / credit checks	No statewide salary-history ban. No statewide credit-check restriction. Federal FCRA applies.	Limit credit checks to roles with genuine fiduciary or financial-control responsibility. Document the business reason in case of FCRA disclosure dispute.
Pending charges	Reportable under federal FCRA. No state-law restriction on consideration. EEOC guidance still applies.	Pending charges (no conviction) should not be the sole basis for adverse action. Document business reason if used. Be especially cautious where the charge does not relate to job duties.
Adverse action	Federal FCRA pre-adverse + adverse action notice required.	Send pre-adverse action notice with copy of report + summary of rights, wait at least 5 business days for dispute, then send the final adverse action notice. Document the consistent, job-related reason.

Statewide rules — no city overlays for private employers

Tennessee is similar to Georgia, North Carolina, and Virginia in having essentially no patchwork of local ordinances reaching private employers. Nashville, Memphis, Knoxville, and Chattanooga have fair-chance policies for their own city government hiring (and in some cases for city contractors), but those policies do not extend to private employers operating in those cities. Federal FCRA is the ceiling, with the additional Tennessee-specific layers of expungement (§ 40-32-101), judicial diversion (§ 40-35-313), and the Tennessee Abuse Registry mandatory check for long-term care direct-care.

Expungement (T.C.A. § 40-32-101 et seq.)

• Scope: Eligible misdemeanors (typically after 5 years clean) and certain non-violent felonies (after 5 to 10 years clean depending on offense class)
• Effect: The record is removed from court files and the TBI repository; CRAs cannot report it
• Exceptions: Sex offenses, violent felonies, DUI, and certain serious offenses remain ineligible
• Employer obligation: Do not consider expunged records in employment decisions

Judicial diversion (T.C.A. § 40-35-313)

• Scope: First-time non-violent offenders meeting eligibility criteria
• Effect on completion: The case is dismissed; the defendant may petition for expungement
• Employment implication: A successfully completed judicial diversion (with subsequent expungement) cannot be used to disqualify the person from employment
• Practical guidance: If a background report shows a § 40-35-313 disposition, verify completion and expungement status before any adverse action

Tennessee Abuse Registry (T.C.A. § 68-11-1003)

• Maintained by: Tennessee Department of Health
• Mandatory check for: Long-term care, home health, hospice, and certain healthcare facility direct-care hires
• Effect of a hit: A name on the Abuse Registry is a statutory disqualifier for direct-care roles
• Process: Online query (typically same-day) before hiring; periodic re-checks during employment recommended
• Practical guidance: Often missed by employers new to Tennessee long-term care — make it a standard pre-hire step alongside the OIG/SAM exclusion check

Tennessee government employers (state, county, city) follow additional rules applying only to public-sector hiring; those rules are outside the scope of private-employer screening.

What shows up on a background check in Tennessee?

• County criminal records — direct searches at all 95 Tennessee county Circuit, Criminal, and General Sessions courts. Coverage includes Davidson (Nashville), Shelby (Memphis), Knox (Knoxville), Hamilton (Chattanooga), Rutherford (Murfreesboro), Williamson (Franklin), Sumner (Gallatin), Montgomery (Clarksville), Wilson (Lebanon), Sevier (Sevierville/Pigeon Forge), Washington (Johnson City), and every other county.
• TBI Criminal History statewide repository — name-based search through the Tennessee Bureau of Investigation
• Federal criminal search — U.S. District Court records (Eastern, Middle, Western Districts of Tennessee)
• National criminal database — multi-state aggregator covering most jurisdictions; not authoritative on its own (per FCRA, requires county-level verification)
• Sex offender registry — Tennessee Sex Offender Registry plus the national sex offender public registry (NSOPW)
• Motor vehicle records (MVR) — Tennessee Department of Safety and Homeland Security driver record (certified or uncertified)
• Employment verification — direct contact with prior employers (typically last 3-5 employers)
• Education verification — high school, college, or graduate degrees
• Professional license verification — Tennessee Department of Health (medical, nursing, pharmacy), Tennessee Department of Commerce and Insurance, Tennessee Real Estate Commission, etc.
• Drug and alcohol testing — at any of 1,200+ Tennessee collection sites; cannabis testing permitted
• Tennessee Abuse Registry — required check for long-term care direct-care hires
• DOT-specific checks — for CDL drivers: FMCSA Clearinghouse pre-employment full query and annual limited queries, PSP report, MVR (handled via the parent Vertical Identity DOT compliance program)

Turnaround times in Tennessee

Most Tennessee background checks complete in 1 to 5 business days. Specifics:

• TBI Criminal History name-based: typically same-day to 24 hours
• Major-county criminal (Davidson, Shelby, Knox, Hamilton, Rutherford, Williamson): 1-2 business days (online court access)
• Smaller county criminal: 1-3 business days; some rural East Tennessee and West Tennessee counties require clerk-assisted searches and may extend to 5-7 business days
• Federal criminal: 1-2 business days via PACER
• MVR (TDOSHS): typically same-day to 48 hours
• Employment verification: 2-5 business days depending on prior employer responsiveness
• Education verification: 1-3 business days; longer for international institutions
• TBI fingerprint (school employee): 7-21 business days (state-administered)
• DHS childcare check: 7-30 business days depending on FBI fingerprint queue
• Tennessee Abuse Registry: typically same-day (online query)

Common-name candidates, missing identifiers (no DOB or SSN), and out-of-state prior employment can all extend turnaround. We surface specific delays inside the applicant tracking dashboard so HR teams know what's blocking each check in real time.

Tennessee-specific limitations

• Expunged records cannot be considered: Even if a record appears on a database due to delayed updates, employers who rely on records expunged under § 40-32-101 risk both FCRA dispute liability and Tennessee-law penalties.
• Successfully diverted records are protected: A successfully completed judicial diversion under § 40-35-313 (with subsequent expungement) cannot be used to deny employment. A still-pending diversion can be considered, but must be evaluated for job-relatedness like any other pending matter.
• Tennessee Abuse Registry must not be skipped: Long-term care, home health, hospice, and certain healthcare employers face statutory liability for hiring direct-care staff without first checking the Abuse Registry. The check is fast and inexpensive — make it a standard pre-hire step.
• Multiple court types per county: Tennessee counties have Circuit Court (felonies + civil), Criminal Court (felonies in larger counties only), and General Sessions Court (misdemeanors + civil under $25K). Thorough screening requires coverage of all relevant court types in each county where the candidate lived or worked.
• Pending cases: Reportable but should not be the sole basis for adverse action under best-practice EEOC guidance.
• DOB redaction on online court records: Some Tennessee courts redact partial date of birth on public online records. This can cause false positives on common surnames — county-level verification is required.
• Alias / maiden name searches: Required for thorough screening of candidates who have changed names.
• Cross-border AL/MS/AR/KY/VA workforce: Tennessee borders eight states; multi-state criminal searches matter especially for candidates living in border counties (Memphis-area MS/AR commuters, Chattanooga-area GA/AL commuters, Bristol-area VA commuters).

Recommended screening package by employer type

Healthcare employers (Nashville is the U.S. healthcare capital)

Nashville is the densest healthcare-corporate cluster in the country (HCA Healthcare HQ, Vanderbilt Health, Saint Thomas / Ascension, Tennova / CHS, plus dozens of healthcare services companies, REITs, and post-acute operators). Hospitals, clinics, dental practices, and senior care facilities operating in Tennessee should run:

• Criminal background check (county + TBI + national database)
• OIG / SAM exclusion search (federal — required for any employer billing Medicare/Medicaid)
• Tennessee Department of Health license verification (medical, nursing, allied health)
• Tennessee Abuse Registry (mandatory for long-term care direct-care)
• Drug testing (cannabis testing permitted)
• Employment verification (3 prior employers minimum)
• Education verification (degree + nursing / medical school)
• Sex offender registry (national + Tennessee)

Education and childcare employers

K-12 schools, charter schools, universities, licensed childcare agencies, family/group childcare homes, and after-school programs:

• TBI fingerprint check (required by T.C.A. § 49-5-413 for licensed educators)
• FBI fingerprint check (required for school employees)
• DHS Comprehensive Background Check (required for licensed childcare)
• DCS Child Abuse Registry
• National criminal database
• National + Tennessee sex offender registry
• Education verification
• Professional license / teacher certification verification

Auto manufacturing

Tennessee\'s auto plants — Nissan Smyrna and Decherd, GM Spring Hill, Volkswagen Chattanooga, plus a deep tier-1 supply base — and battery / EV manufacturing growth (Ultium Cells, BlueOval City):

• Criminal background check (county + TBI + national database)
• MVR for any role driving company vehicles or operating yard equipment
• DOT drug and alcohol testing for safety-sensitive and CDL roles
• Employment verification (3 prior employers minimum)
• Education verification for technical or supervisor roles
• OFAC / sanctions screening for export-related roles
• Federal export control / ITAR screening for some engineering roles
• OSHA-related certifications

Logistics (Memphis FedEx world hub + Nashville distribution)

Memphis is FedEx\'s SuperHub (largest cargo airport in the world by tonnage), plus UPS, USPS, and a deep Mid-South distribution corridor. Nashville is a major Southeast distribution and air freight node:

• Criminal background check (county + TBI + national database)
• MVR for any role driving company vehicles or operating yard equipment
• DOT drug and alcohol testing for safety-sensitive and CDL roles
• Employment verification (3 prior employers minimum)
• Customs-Trade Partnership Against Terrorism (C-TPAT) screening for international freight roles
• OFAC / sanctions screening for export-related roles
• TWIC card verification for port / airport secure-access roles

Music, entertainment, and professional services

Nashville music industry (publishers, labels, studios), Nashville professional services (Bass Berry & Sims, Waller Lansden, Big 4 firms), Memphis legal and finance:

• Criminal background check (county + TBI + federal + national database)
• Education verification
• Employment verification (3-5 prior employers)
• Professional license verification (CPA, JD, FINRA, PE, etc.)
• For music industry roles handling tour finances or talent contracts: targeted credit check with documented business reason

Banking and finance

Nashville and Memphis regional banks (FirstBank, Pinnacle Financial, First Horizon HQ Memphis, Regions regional), wealth management:

• Criminal background check (county + TBI + federal + national database)
• FINRA U4 disclosure verification (for registered persons)
• OFAC and sanctions screening
• Credit check (genuine fiduciary roles only — document business reason)
• Employment verification (5 prior employers)
• Education verification (degree, MBA, CFA, CPA, etc.)
• Professional license verification (FINRA, CPA, Tennessee Bar)

Long-term care and senior services

Assisted-living facilities, nursing homes, home health agencies, hospices:

• Tennessee Abuse Registry (required by T.C.A. § 68-11-1003)
• TBI and national criminal database
• Tennessee Nurse Aide Registry (for CNAs)
• OIG / SAM exclusion search
• Sex offender registry
• Drug testing
• Employment verification

Hospitality, tourism, and distillery

Nashville hotels, Memphis BBQ tourism, Smoky Mountains (Pigeon Forge / Gatlinburg / Sevierville), Tennessee whiskey distilleries (Jack Daniel\'s, George Dickel, plus growing craft distilling), Chattanooga river district:

• Criminal background check (county of residence + TBI)
• National criminal database
• National sex offender registry
• Identity verification
• For Tennessee Alcoholic Beverage Commission-licensed roles (alcohol service, distillery): separate ABC permit check
• Drug testing for safety-sensitive roles (security, kitchen, drivers)

Transportation and trucking

For CDL drivers operating in Tennessee (interstate or intrastate), full DOT compliance is required. This is handled through our parent brand Vertical Identity:

• FMCSA Clearinghouse pre-employment full query + annual limited queries
• Pre-Employment Screening Program (PSP) report — 5 years inspection + 3 years crash data
• MVR (TDOSHS — typically certified driver record for CDL roles)
• DOT drug and alcohol testing (cannabis testing retained — federal preemption)
• Previous employer drug and alcohol testing history (49 CFR 391.23)
• Driver Qualification File (DQF) management

Small business / general employers

For small businesses hiring office, retail, or service staff:

• National + TBI criminal database
• County criminal search (residence county; remember Circuit + General Sessions coverage)
• National sex offender registry
• Identity verification
• Optional: employment verification, MVR for driving roles, drug testing for safety-sensitive roles

Pricing

Tennessee background check packages start at $39 for the standard pre-employment package (criminal + sex offender + identity). Add drug testing ($69 standard, $59 BAT), TDOSHS MVR, employment verification, and education verification a la carte. State-administered checks (TBI fingerprint, DHS childcare, Tennessee Abuse Registry) carry separate state agency fees. Volume pricing is available for ongoing employers — call (602) 899-3611 or schedule a demo for a quote.

Browse our full pre-employment screening packages or enterprise programs for high-volume employers (100+ checks/year, ATS integration, dedicated account manager).