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In Tennessee, employers utilize pre-employment background screenings to authenticate a candidate’s credentials and work history, gather information regarding any criminal records, obtain insights into legal and credit matters, and assess their driving history. These screenings serve as a crucial instrument for making informed hiring decisions, yet it is imperative for employers to adhere to federal, state, and local regulations to ensure lawful practices.
During the hiring process in Tennessee, conducting a background check can offer valuable insights, aiding in the maintenance of a safe and efficient workplace. Whether opting to oversee the screening internally or enlist the services of a reputable consumer reporting agency (CRA), there exist various background check alternatives to contemplate. Below is an overview of background checks in Tennessee, encompassing their content, methodologies, and the pertinent federal, state, and local regulations crucial for compliance.
Employers have the option to conduct a variety of background checks to gain deeper insights into job candidates or volunteers both before hiring and as part of an ongoing employee screening initiative. Some of the background checks commonly utilized in Tennessee include:
- National, federal, state, and county criminal background checks to identify felony and misdemeanor convictions.
- Verification of employment and education to authenticate a candidate’s professional history, academic achievements, and qualifications.
- Credit checks to evaluate a candidate’s credit history, encompassing any outstanding collections or bankruptcy filings.
- Motor vehicle record checks to ascertain details about a candidate’s driving record and license status.
- Civil court checks to investigate civil judgments such as lawsuits and bankruptcies.
The selection of screenings for a Tennessee background check for employment may vary depending on the specific position under consideration. Roles involving interaction with vulnerable groups like children or the elderly often necessitate a criminal background check inclusive of a search of the national sex offender database. Employees expected to drive as part of their job responsibilities typically undergo motor vehicle record checks, as traffic violations or a history of accidents and DUIs may raise concerns regarding safe driving practices and insurance. Civil court and credit checks are commonly relevant for positions involving financial responsibilities or management roles.
While it is feasible to conduct many of these screenings independently using government and private agencies, numerous employers opt to collaborate with a Consumer Reporting Agency (CRA) such as Rapid Hire Solutions. These third-party providers specialize in background checks, streamlining the screening process for efficiency and aiding employers in ensuring compliance with legal obligations.
What Is A TBI Background Check?
The Tennessee Bureau of Investigation (TBI) offers statewide criminal background checks to both the general public and qualified Consumer Reporting Agencies (CRAs). TBI operates a centralized database known as TORIS (Tennessee Open Records Identification Services), containing criminal history information for adults across the state. This database facilitates statewide name-based criminal background searches on adults, accessible through online submission or by mail.
For fingerprint-based searches of Tennessee and FBI records, TBI collaborates with a third-party entity, IdentoGO. It’s important to note that while fingerprint-based criminal records searches are available through IdentoGO, many CRAs do not offer this service.
What Shows Up On A TBI Background Check?
A Tennessee Bureau of Investigation (TBI) background check reveals a history of adult criminal activity specifically within Tennessee, typically encompassing misdemeanor and felony arrests and convictions; data from out-of-state sources is not included. Juvenile criminal records are excluded from these checks unless the individual was tried as an adult in criminal court.
It’s noteworthy that obtaining a TBI background check doesn’t require fingerprints. If a fingerprint-based search isn’t necessary, individuals can request a name-based criminal records inquiry through the TORIS system or via mail. During this process, the Bureau determines whether the subject of the search has a criminal record in Tennessee and, if so, provides a copy of their record.
Certain qualified organizations, such as government agencies and those serving children or vulnerable populations, may necessitate a fingerprint-based search of TBI records. These organizations possess an originating agency identifier (ORI) number that authorizes this type of background check. When candidates undergo fingerprinting at IdentoGO locations, they provide the associated organization’s ORI number, and the results are then directly forwarded to the organization.
If a TBI background check is conducted through a Consumer Reporting Agency (CRA), the results must adhere to the regulations outlined in the federal Fair Credit Reporting Act (FCRA). In addition to requirements regarding obtaining written consent and handling adverse actions, the FCRA imposes limitations on how far back CRAs may report certain types of records about a candidate.
Under the FCRA, a seven-year lookback period applies to arrests that didn’t result in convictions, as well as to liens, collections, and civil judgments. Bankruptcies are restricted to a 10-year reporting period. However, these time limits don’t apply to searches conducted directly by employers (rather than through a CRA). Moreover, the FCRA permits the indefinite reporting of criminal convictions, regardless of the age of the record.
How Long Does A Background Check Take In Tennessee?
The turnaround times for background checks in Tennessee can vary significantly based on the extent of the search and whether you opt to handle it independently or collaborate with a Consumer Reporting Agency (CRA). A qualified CRA may expedite the process by accessing proprietary databases housing millions of records. Screenings such as credit checks, national criminal database searches, and sex offender registry searches are typically finalized within a day.
Background checks involving human interaction typically entail longer processing times. For instance, reaching out to former employers or verifying attendance at multiple educational institutions might extend the process to a week or more. While national and statewide criminal records searches are often conducted online, accessing county records may necessitate in-person visits to courthouses. While these searches yield valuable information, they can also prolong the overall screening timeline.
Conducting employee background checks independently tends to be the most time-consuming option. Identifying reliable sources of information, completing application and payment forms, awaiting results, and following up on inquiries can consume days or even weeks, demanding your active involvement. Collaborating with a CRA is likely to expedite the turnaround time, freeing you to attend to your regular duties.
Tennessee Background Check Laws
Employers in Tennessee utilizing pre-employment background screenings are mandated to adhere to federal, state, and local fair hiring laws. These regulations aim to ensure that information obtained during a criminal background check or any other pre-employment screening does not unjustly hinder a candidate’s job prospects.
Tennessee enforces three statewide background check laws:
SENATE BILL 2014
Applicants and employees of local boards of education, charter schools, and childcare programs are required to consent to the release of all criminal records, provide fingerprints, and undergo a criminal history records check conducted by both the TBI and FBI. This applies to individuals seeking or holding positions involving interaction with school children. Background checks must occur before employment and every five years thereafter.
HOUSE BILL 910
County and municipal law enforcement agencies are prohibited from disclosing personal identifying information, including home addresses, Social Security numbers, and phone numbers, of individuals arrested or charged but not convicted. This restriction excludes Consumer Reporting Agencies.
EMPLOYEE ONLINE PRIVACY ACT
Tenn. Code. Ann. § 50-1-1003 restricts employers from accessing the private internet or social media accounts of employees and job applicants. Employers cannot request passwords, add themselves to contact lists, or access personal accounts in the presence of the employee. Taking adverse action against employees for refusal is also prohibited.
Moreover, a ban-the-box law applies to public sector employees under Senate Bill 2440. Public sector employers hiring for positions requiring a federal or state-mandated criminal background check must inform applicants. They may not inquire about criminal history on application forms unless required by law.
Employers must assess criminal history considering various factors, including the position’s duties, the impact of the candidate’s history on job performance, rehabilitation efforts, and public policy benefits of hiring individuals with criminal backgrounds. Information obtained from background checks must remain confidential unless permitted by law.
- The duties and responsibilities of the position
- How the candidate’s criminal history may affect their ability to do the job
- The time that’s passed since conviction or release
- The candidate’s age when they committed each offense
- The frequency and seriousness of each offense
- Rehabilitation and good conduct since the offense
- The public policy benefits of employment for job candidates with criminal histories
- Any criminal histories obtained by an employer should remain confidential unless otherwise required or expressly permitted by law.
All employers in Tennessee must comply with the Fair Credit Reporting Act (FCRA), obtaining written consent from candidates before conducting background checks through CRAs. Adverse action based on background screening must follow FCRA guidelines.
Additionally, some cities and counties may have local screening laws. Employers should adhere to the strictest regulations to mitigate potential liabilities amid differing federal, state, and local laws.
County Resources
DAVIDSON COUNTY
Davidson County, situated in the heart of Middle Tennessee, boasts a population of 715,884, making it the second most populous county in Tennessee. Its primary city and county seat, Nashville, also the state capital, is renowned for its music scene, hot chicken, and burgeoning start-up culture. Almost all of Davidson County’s residents, barring 10,000, reside in Nashville, which forms part of the Metropolitan Government of Nashville and Davidson County.
Public Information & Records:
- Metropolitan Government of Nashville and Davidson County
- Criminal Court Records for Nashville and Davidson County
- General Sessions Court Case Information
A local ban-the-box law applies to public sector employers for the city of Nashville.
HAMILTON COUNTY
Hamilton County, with 366,207 residents, is anchored by Chattanooga and East Chattanooga, its most populous cities. Recognized twice as the Best Town Ever by Outside magazine, Hamilton County is celebrated for its outdoor recreational opportunities in the Great Smoky Mountains and on the Appalachian Trail.
Public Information & Records
- Hamilton County Website
- Hamilton County Arrest, Court, and Public Records
- Hamilton County Criminal Court Portal
Local ban-the-box laws apply to public sector employers for the city of Chattanooga and for Hamilton County.
KNOX COUNTY
Knox County, the third most populous county in Tennessee with 478,971 residents, is dominated by Knoxville, its largest city, followed by Brentwood and Farragut. Knoxville is renowned for the University of Tennessee, Knoxville, which boasts nearly 30,000 students and is a significant local employer.
Public Information & Records
MONTGOMERY COUNTY
Montgomery County, located 50 miles northwest of Nashville near the Kentucky border, is home to 220,069 residents. Its principal city, Clarksville, houses major employers such as LG, Bridgestone Tires, Google, and Jostens. Additionally, the nearby Fort Campbell Military Reservation is a vital economic contributor.
RUTHERFORD COUNTY
Rutherford County, positioned at Tennessee’s geographic center, accommodates 341,486 residents. Its largest cities are Murfreesboro, LaVergne, and Plainview, with Murfreesboro experiencing rapid growth since the 1990s, becoming Nashville’s largest suburb.
Public Information & Records
County Resources
ALACHUA COUNTY
Alachua County, situated in the north-central region of Florida, is renowned for its abundant natural attractions, characteristic of much of the state. With a population of 278,468 spread across 875 square miles, its largest city, Gainesville, is notable for housing the University of Florida, a significant local employer.
Public Information & Records:
The city of Gainesville has a ban-the-box law.
SHELBY COUNTY
Shelby County stands as Tennessee’s largest and most populous county, accommodating 929,744 residents. Its county seat, Memphis, is renowned globally as the birthplace of rock and roll and the home of blues. Memphis, with nearly 650,000 residents, is the county’s largest city, followed by Bartlett and Germantown.
Public Information & Records
Local ban-the-box laws apply to public sector employers for the city of Memphis and for county government employers in Shelby County.
SULLIVAN COUNTY
Nestled on the northeast border of Tennessee within the “Tri-Cities” region, Sullivan County is home to almost 160,000 residents. Its principal cities are Kingsport and Bristol, with Kingsport often lauded as one of the state’s most desirable places to live.
Public Information & Records
SUMNER COUNTY
Part of the greater Nashville metropolitan area, Sumner County hosts 196,281 residents, with Hendersonville serving as the residence for nearly 60,000 individuals. Gallatin, its second most populous city, boasts a population of 44,335. Despite its growth, Sumner County maintains its small-town allure, earning Hendersonville the 16th spot on Money magazine’s list of the best places to live in the US in 2021-2022.
Public Information & Records
WILLIAMSON COUNTY
Williamson County ranks as the wealthiest county in Tennessee, with 247,726 residents primarily situated in Franklin, Brentwood Estates, and Nolensville. Historically known for tobacco and hemp cultivation, the county is now home to over 40 major corporations with national or international headquarters, including Mitsubishi and Nissan North America.
Public Information & Records
WILSON COUNTY
Located 20 miles east of Nashville, Wilson County features major corporations, Cumberland University, state parks, and modern suburbs. Its 147,727 residents are dispersed across picturesque, rapidly expanding suburbs like Mount Juliet, Lebanon, and Green Hill.
Public Information & Records
Get A Tennessee Background Check With Rapid Hire Solutions
As a Tennessee employer, partnering with a reputable Consumer Reporting Agency (CRA) can simplify the background check process and ensure legal compliance. Rapid Hire Solutions provides over 100 screening options, including checks on criminal history, credit history, motor vehicle records, and more. Our user-friendly online platform and FCRA-certified support team streamline the process from beginning to end. To discover more about background checks with Rapid Hire Solutions, contact our sales team.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws