An Employer’s Guide to Tennessee Background Checks

Before we dive deep, let’s begin with the basics. A Tennessee background check is a process that enables employers to examine aspects of a candidate’s background or to corroborate what has been said during the interview. Instead of relying solely on what a candidate says on a resume or during a face-to-face meeting, a background check pulls together records from state, federal, and sometimes county-level sources to verify who the person really is and whether there are any glaring red flags you should know about.

In Tennessee, employers often work with the Tennessee Bureau of Investigation (TBI), local courts, and third-party screening providers to collect this information. While what you can and can’t look at depends on the circumstances—and we’ll come to that more shortly—it typically involves checking criminal records, verifying education or employment, pulling driving histories, or reviewing credit reports when relevant. 

Federal law, specifically the Fair Credit Reporting Act (FCRA), sets out rules around consent, disclosure, and how employers must handle adverse findings. Tennessee employers are bound by these requirements when they use a third-party service. In other words, running a background check isn’t just a box to tick—it’s a legal process that has to be handled carefully.

Some industries—like healthcare or childcare—have precise requirements that you must be aware of. Still, the basics of a background check are the same: giving employers peace of mind before making that all-important hiring decision.

Tennessee background checks can vary dramatically from candidate to candidate, and the results are far from random. They are a predictable set of categories that can vary depending on the role, the industry, and the type of search requested. Some checks are as broad as the Mississippi River, ticking every box available, while others dig deep into very specific records and completely ignore the rest. Here’s what typically appears on a Tennessee background check:

• Criminal Records: Statewide and county criminal record searches show felony and misdemeanor convictions. This is the most commonly searched category, and employers often look here first because past criminal behavior, especially if it relates to the role, can signal risk.
• Employment Verification: Should you automatically trust a resume that looks too good to be true? Probably not, which is why employment verification confirms where a candidate has worked, what roles they held, and when. It helps weed out resume inflation—because titles like ‘Senior Manager’ look mighty impressive—until the candidate starts and doesn’t know a thing about the role. 
• Education Verification: As with employment, candidates have been known to inflate—or even outright lie—about their education. Education verification checks validate degrees, certifications, and training, meaning you can avoid diploma mill “graduates” and exaggerated claims before they start with you.
• Driving Records (MVRs): Pulled from the Tennessee Department of Safety, these driving record checks reveal traffic violations, DUIs, or license suspensions. This part is non-negotiable for any role involving driving, and the consequences can be severe if a person were to get into a traffic incident under your watch. 
• Credit Reports: Credit checks are usually only carried out with written consent, and employers hiring for financial roles. They won’t check your bank balance or your credit score, but it might flag up negative credit history to gauge responsibility and risk. A pattern of defaults or unpaid debts can raise questions in sensitive positions.
• Sex Offender Registry: Tennessee maintains its own public sex offender registry, which is flagged during background screenings. Unsurprisingly, this area is vital for roles involving children, healthcare, or positions of trust.
• Professional Licenses: Positions in specific industries, from nursing to law, require professionals to hold up-to-date licenses, which are also, and this is important, free of red flags or disciplinary action.
• Civil Records: Depending on the scope of the check, civil record checks may include bankruptcies, liens, or judgments. They don’t always necessarily disqualify someone, but they can provide context for specific roles.
• Drug Screening: Certain positions or industries will require drug screenings before a contract can be signed, and may go as far as to include regular checks. 

We’d love to give you a clear answer right out of the gate, but it depends on a few factors. The key variables are what type of record is being reported and how federal law interacts with state practice.

Under the Fair Credit Reporting Act (FCRA), certain records have a seven-year reporting limit, and non-conviction information, such as arrests that didn’t lead to charges or dismissed cases, generally can’t be reported beyond that window. However, convictions are different. In Tennessee, criminal convictions can often be reported indefinitely, meaning a decades-old felony conviction could still appear on a background check today.

There are also exceptions tied to salary. Suppose a position pays more than $75,000 annually. In that case, the seven-year cap on reporting some types of adverse information (like civil judgments or bankruptcies) doesn’t apply, which gives employers hiring for high-level or high-responsibility roles access to a broader history.

Simple, right? Not so fast. For employers, this introduces a balancing act that can be tricky to navigate. While you might legally receive older information, how and if you use it must align with anti-discrimination laws and EEOC guidance. In practice, this means being consistent: if you choose to weigh older convictions, you should apply the same standard across candidates to avoid claims of bias.

When it comes to background checks, it’s best to think about timelines in an abstract sense. They will happen, but try to put a deadline on it, and you might be left huffing and puffing into the abyss. The reason is that it depends on what type of search you’re running and where the records are coming from. The turnaround might be as quick as one business day for a basic statewide criminal check. However, once you add county-level searches, employment verifications, or fingerprinting, the clock can stretch from three to five days, and occasionally longer.

It might seem like we live in a fully digital world, but that’s not always true. Some Tennessee counties have modern online systems that return results quickly, while others still rely on manual record searches by clerks. If you’re unlucky enough to deal with one of the latter, you could see delays of a week or more—especially around holidays when backlogs pile up.

Checks that go beyond criminal history can also add time. Verifying past jobs means waiting on HR departments to confirm dates of employment, which can be notoriously slow, while education verification can hit snags if schools require signed authorizations or records aren’t digitized. 

For industries where fingerprint-based checks are mandatory—like healthcare, childcare, or education—you’ll also need to account for the extra step of scheduling fingerprinting and waiting for state or federal systems (such as the FBI database) to return results. That alone can add several business days to the process.

Tennessee has its own mix of state policies layered on top of federal rules, which can make compliance feel like navigating a maze. That’s why finding a trusted partner to navigate the tangled web is always a good idea. Here are the key laws and requirements every employer should know before ordering a background check.

Fair Credit Reporting Act (FCRA)

Even though it’s federal, the FCRA is the foundation for every background check in Tennessee. Employers must obtain written consent before running a check, and applicants have the right to know if information in their report influenced a hiring decision. If you decide not to move forward with a candidate because of what turned up, you’re required to send a pre-adverse action notice, give them a chance to dispute or explain, and then issue a final adverse action notice if you stick with your decision.

Tennessee Ban-the-Box Policy

Tennessee’s ban-the-box law came into effect in 2015, but was repealed four years later, meaning there is no state-wide mandate covering this policy. However, it still covers public employers, and some cities and businesses have applied the same ruling. If this means you, you can’t ask about an applicant’s criminal history on the initial job application, but it is OK to ask later in the hiring process.

Expungement and record sealing in Tennessee

Tennessee law allows certain non-violent misdemeanor and felony convictions to be expunged if the individual meets specific requirements, like waiting a set period and paying applicable fees. Once expunged, those records are not supposed to show up in a background check. For employers, this means you might not always see a full history, but that’s intentional. Expungement gives individuals a second chance and ensures old mistakes don’t permanently block job access.

Industry-specific requirements

Certain Tennessee industries have their own stricter rules:

Healthcare Workers: Under Tennessee law, employees working in hospitals, nursing homes, or home health care agencies must undergo criminal background checks, often including fingerprinting through the TBI and FBI databases.

Childcare and Education: Anyone working with children—teachers, daycare workers, school staff—must pass a fingerprint-based check, and these requirements are mandatory under state law and designed to protect vulnerable populations.

Financial Services: Employers in banks or credit unions often run credit checks in addition to criminal history, especially for positions involving access to money or sensitive financial data.

Consent and disclosure requirements

Tennessee follows federal standards, meaning employers must provide a clear, standalone disclosure before requesting a background check, and applicants must sign off in writing. Burying consent language in a long job application packet doesn’t cut it—the law requires it to be clear and separate—and failure to secure proper consent can result in penalties and leave an employer legally exposed if a rejected candidate challenges the process.

Use of criminal records in hiring

Tennessee law doesn’t restrict private employers from considering criminal history, but that doesn’t mean there are no limits. Employers should apply EEOC guidance, which recommends considering the nature of the offense, how long ago it occurred, and whether it’s directly relevant to the job. For example, a 15-year-old DUI conviction might not matter for an office role, but it could for a truck driver position. Consistency is crucial to avoid claims of discrimination.

Social media privacy in Tennessee

Like many states, Tennessee restricts how employers can approach an applicant’s social media. Employers cannot require applicants to disclose usernames or passwords or grant access to private accounts. You can view public information, but demanding login credentials is illegal.