Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Tennessee: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Tennessee's ban the box law applies only to public employers, prohibiting them from asking about criminal history on the initial job application. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Tennessee has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Tennessee has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Tennessee allows records to be destroyed, not just sealed, for eligible cases. Dismissed charges, cases ending in nolle prosequi, no true bills, and not guilty verdicts qualify for free expungement. Certain misdemeanor and Class E felony convictions may also be expunged after a waiting period of 5 to 10 years. Once expunged, the person is restored to the status held before the arrest and may lawfully deny the record exists, though certain regulated positions in law enforcement, healthcare, and education retain access.
Salary History Ban
Tennessee does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Tennessee does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Tennessee has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Tennessee has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Tennessee has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Tennessee has no functioning medical or recreational marijuana program. A narrow exception allows certain low THC cannabidiol oil obtained outside the state for specific medical conditions, but this does not create employment protections. Employers may test for marijuana, enforce a zero tolerance policy, and take adverse action based on a positive test.
Pre-Adverse Action Notice & Waiting Period
Tennessee has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Tennessee has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Tennessee has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
Tennessee requires a fingerprint based background check through the Tennessee Bureau of Investigation and the FBI, along with a check of the state sex offender registry, the vulnerable persons registry, and child abuse and neglect records, for individuals working in licensed child care, renewed at least once every 5 years.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Chattanooga, Knoxville, Memphis, and Nashville each have a fair chance hiring policy for their own government hiring. It does not extend to private sector employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Tennessee gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider expunged criminal records. Run the required TBI and FBI fingerprint background check before hiring for any childcare role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Marijuana use does not need to be accommodated for any applicant or employee; zero tolerance policies are fully enforceable.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Tennessee Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Tennessee law.