In Tennessee, employers conduct pre-employment background screenings to verify a candidate’s credentials, work history, criminal record, legal and credit standing, and driving history. These checks are essential for making informed hiring decisions, but it’s crucial for employers to comply with federal, state, and local laws to ensure legal and ethical practices.

Conducting background checks during the hiring process in Tennessee can provide important insights that help maintain a safe and productive workplace. Whether employers perform the screenings internally or use a consumer reporting agency (CRA), there are multiple background check options to consider. Below is an overview of background checks in Tennessee, including what they cover, how they are conducted, and the laws governing them.

What Is a Tennessee Background Check?

Tennessee employers may use various types of background checks to gather information about job candidates or volunteers, both before hiring and as part of ongoing employee screening. Common background checks in Tennessee include:

• Criminal background checks (national, federal, state, and county) to identify felony and misdemeanor convictions.
• Employment and education verification to confirm a candidate’s work history, academic achievements, and qualifications.
• Credit checks to assess financial history, including outstanding collections and bankruptcy filings.
• Motor vehicle record checks to review a candidate’s driving record and license status.
• Civil court checks to investigate judgments like lawsuits and bankruptcies.

The type of background checks used may depend on the job. For roles involving children or vulnerable groups, criminal checks may include a search of the national sex offender database. Positions requiring driving typically involve motor vehicle record checks. Financial or managerial roles often require credit and civil court checks.

While employers can conduct many screenings through government or private agencies, many opt to work with a CRA like Identify Background Checks, which specializes in background checks and ensures compliance with legal requirements.

What Is a TBI Background Check?

The Tennessee Bureau of Investigation (TBI) provides statewide criminal background checks to the public and qualified CRAs. TBI manages a centralized database called TORIS (Tennessee Open Records Identification Services), which contains adult criminal history information for the state. The TORIS system allows for name-based criminal background searches via online submission or mail.

For fingerprint-based searches of Tennessee and FBI records, TBI partners with IdentoGO. Although fingerprint-based searches are available through IdentoGO, many CRAs do not offer this service.

What Shows Up on a TBI Background Check?

A TBI background check reveals an individual’s criminal history in Tennessee, including misdemeanor and felony arrests and convictions. Juvenile records are excluded unless the individual was tried as an adult. This check does not include out-of-state criminal records.

Fingerprint-based searches are required for certain organizations, such as those working with vulnerable populations, and results are sent directly to the organization conducting the check. Name-based checks through TORIS do not require fingerprints.

When conducted by a CRA, background checks must comply with the Fair Credit Reporting Act (FCRA), which limits how far back certain information can be reported. For example:

• Arrests not resulting in convictions, liens, collections, and civil judgments are subject to a seven-year limit.
• Bankruptcies can be reported for up to 10 years.
• Criminal convictions can be reported indefinitely.

These restrictions do not apply to searches conducted directly by employers.

How Long Does a Background Check Take in Tennessee?

The time to complete a background check in Tennessee can vary based on the search’s scope and whether it’s conducted by a CRA or internally. CRAs often expedite the process using proprietary databases, with screenings like credit checks and criminal database searches typically completed in a day.

However, tasks that require human interaction, such as contacting previous employers or educational institutions, can take longer—often up to a week. Searches involving county records may also require in-person visits to courthouses, further extending the timeline.

Handling background checks independently can be time-consuming, while partnering with a CRA often results in faster turnaround times.

Tennessee Background Check Laws

Employers in Tennessee must comply with various federal, state, and local laws when conducting background checks. These regulations help ensure that information from criminal background checks or other screenings doesn’t unfairly impact a candidate’s job prospects.

Key Tennessee Background Check Laws:

1. Senate Bill 2014
   Applicants and employees of local education boards, charter schools, and childcare programs must submit to criminal history checks through the TBI and FBI, including fingerprinting. These checks must be conducted before employment and every five years thereafter.

2. House Bill 910
   Law enforcement agencies cannot disclose personal information, such as home addresses and Social Security numbers, of individuals arrested or charged but not convicted. CRAs are excluded from this restriction.

3. Employee Online Privacy Act
   Tenn. Code. Ann. § 50-1-1003 prohibits employers from accessing private internet or social media accounts of job applicants or employees. Employers cannot request passwords, force connections, or require access to personal accounts. They also cannot take adverse action against employees for refusing such requests.

Additionally, Tennessee’s ban-the-box law (Senate Bill 2440) applies to public sector employers. They may not ask about an applicant’s criminal history on job application forms unless a background check is required by law.

Employers must consider several factors when evaluating a candidate’s criminal history, including:

• The duties of the position.
• How the criminal history might impact job performance.
• The time elapsed since the conviction.
• The nature and frequency of the offenses.
• Rehabilitation efforts and good conduct.

All criminal history obtained must remain confidential unless disclosure is legally required.

Employers must also comply with the Fair Credit Reporting Act (FCRA) when conducting background checks through a CRA, including obtaining written consent from candidates and following proper procedures for adverse actions.

Lastly, employers should be aware of any local screening laws and adhere to the strictest regulations to avoid legal risks.