Tennessee
Tennessee Background Check Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 12 primary sources cited on this page. How we verify our legal content
Tennessee background check laws combine a public-employer Ban the Box restriction under T.C.A. § 8-50-112 with federal FCRA compliance requirements for private screening. The state imposes no lookback limit on criminal convictions, but expungement under T.C.A. §§ 40-32-106 through 40-32-108 removes eligible records so they do not appear on consumer reporting agency checks.
Last verified: March 2026. This page reflects current Tennessee Code Annotated (T.C.A.) provisions, federal Fair Credit Reporting Act (FCRA) requirements, and 2024-2025 legislative updates.
Table of Contents
- Overview of Tennessee Background Check Laws
- Ban the Box in Tennessee
- Employment Background Checks and the FCRA
- Lookback Periods and Reporting Limits
- Criminal Record Expungement in Tennessee
- Housing and Tenant Screening
- Professional Licensing Background Checks
- Firearm Background Checks
- Employer Liability Protections
- Recent Changes to Tennessee Background Check Laws
- Frequently Asked Questions
Overview of Tennessee Background Check Laws
Tennessee background check laws operate at both the state and federal level. The state does not have a comprehensive standalone background check statute that covers all private employers. Instead, Tennessee relies on a patchwork of specific laws addressing public employment, licensed professions, housing, and firearms, while deferring to the federal Fair Credit Reporting Act (FCRA) for most private-sector employment screening.
The Tennessee Bureau of Investigation (TBI) serves as the central repository for criminal history records in the state. The TBI maintains the state criminal history database and processes both name-based and fingerprint-based background checks for employers, licensing agencies, and individuals.
Tennessee law permits employers to conduct background checks on job applicants and current employees. However, certain rules govern when and how criminal history information can be requested, reported, and used in employment decisions. These rules vary depending on whether the employer is a public or private entity.
Understanding these laws matters whether you are an employer building a compliant screening process, a job applicant wondering what will show up on a check, or a landlord evaluating prospective tenants.
Ban the Box in Tennessee
Tennessee enacted its Ban the Box law in 2016 through Senate Bill 2440, codified at T.C.A. § 8-50-112. This law prohibits state government employers from asking about an applicant's criminal history on the initial job application form.
Who the Law Covers
The Ban the Box law applies only to public-sector employers at the state level. It covers positions within Tennessee state government agencies and departments. Private employers in Tennessee are not required to remove criminal history questions from their applications under state law.
However, the law includes an important exception. Positions that qualify as "covered positions" are exempt from the restriction. A covered position is one where a criminal background check is required under federal law, or where committing a specific offense disqualifies a person from employment under federal or state law.
What Employers Must Consider
When evaluating an applicant with a criminal history for a non-covered position, Tennessee law requires public employers to weigh several factors:
- The specific duties and responsibilities of the position
- How the criminal history relates to fitness for those duties
- The time that has passed since the conviction
- The applicant's age at the time of the offense
- The frequency and seriousness of the offenses
- Evidence of rehabilitation and subsequent conduct
- Any relevant public policy considerations
Local Ban the Box Ordinances
Several Tennessee cities and counties have enacted their own Ban the Box ordinances. These include Nashville/Davidson County, Memphis, Chattanooga, Hamilton County, and Shelby County. Like the state law, these local ordinances apply to public-sector hiring and do not extend to private employers.
Employment Background Checks and the FCRA
Private employers in Tennessee who use a consumer reporting agency (CRA) to conduct background checks must comply with the federal Fair Credit Reporting Act, 15 U.S.C. § 1681. Tennessee does not have its own "mini-FCRA" statute that adds state-level requirements for private employers beyond what federal law already mandates.
Disclosure and Consent Requirements
Before running a background check through a CRA, employers must:
- Provide the applicant with a clear, standalone written disclosure stating that a background check may be conducted
- Obtain the applicant's written authorization before proceeding
- Certify to the CRA that they have a permissible purpose and have complied with all notice requirements
The disclosure must be a separate document. It cannot be buried in the job application or combined with other forms, according to FTC guidance on using consumer reports.
Adverse Action Process
If an employer decides not to hire someone based on information in a background check report, the FCRA requires a two-step adverse action process:
Step 1: Pre-Adverse Action Notice. Before making a final decision, the employer must send the applicant a copy of the background check report and a document titled "A Summary of Your Rights Under the Fair Credit Reporting Act." The applicant must receive a reasonable amount of time (generally five business days) to review the report and dispute any inaccuracies.
Step 2: Final Adverse Action Notice. If the employer proceeds with the adverse decision, they must send a final notice that includes the name and contact information of the CRA that provided the report, a statement that the CRA did not make the hiring decision, and notice of the applicant's right to dispute the report and obtain a free copy within 60 days.
What Employers Can and Cannot Ask
Tennessee does not restrict the types of questions private employers can ask during the application or interview process. Unlike states with broader Ban the Box laws, Tennessee private employers may ask about criminal history on the initial application. However, Title VII still governs how employers use that history. The EEOC voted on October 28, 2026 to rescind its 2012 Enforcement Guidance on arrest and conviction records, effective immediately, so its recommendation of individualized assessments is no longer agency policy. Title VII itself is unchanged: 42 U.S.C. 2000e-2(a) prohibits race and national origin discrimination and 42 U.S.C. 2000e-2(k) still reaches screening practices with an unjustified disparate impact.
Lookback Periods and Reporting Limits
Tennessee does not impose its own state-level restriction on how far back criminal convictions can be reported in a background check. This means that a screening report in Tennessee can include a person's entire criminal conviction history, regardless of how old the convictions are.
FCRA Seven-Year Rule
The federal FCRA does impose a seven-year lookback limit on certain types of non-conviction information reported by CRAs. Under 15 U.S.C. § 1681c, a CRA generally cannot report:
| Information Type | Lookback Limit |
|---|---|
| Arrests that did not result in conviction | 7 years |
| Civil suits and civil judgments | 7 years |
| Paid tax liens | 7 years |
| Collection accounts | 7 years |
| Bankruptcies (all cases under Title 11) | 10 years |
| Criminal convictions | No limit |
Salary Threshold Exception
The seven-year lookback limit does not apply to positions with an annual salary of $75,000 or more. For these higher-paying positions, CRAs may report arrests, civil suits, and other non-conviction records beyond the seven-year window.
Practical Impact
Because Tennessee has no state-level lookback cap on convictions, and federal law imposes no limit on conviction reporting, a Tennessee background check can reveal criminal convictions from decades ago. This makes expungement particularly important for Tennessee residents seeking to limit what appears on their records.
Criminal Record Expungement in Tennessee
Tennessee's expungement laws allow eligible individuals to have certain criminal records removed from their history. The operative statutes are T.C.A. § 40-32-106 for non-conviction records and T.C.A. §§ 40-32-107 and 40-32-108 for convictions, which the legislature expanded and reorganized in recent years. Section 40-32-101 itself now contains only the chapter's definitions.
Non-Conviction Expungement
Charges that resulted in a dismissal, nolle prosequi, no true bill, or a not guilty verdict are eligible for expungement at no cost to the individual. The Tennessee Bureau of Investigation processes these expungements after the court issues an order. Individuals who completed a pretrial or judicial diversion program may also petition for expungement, though clerk fees apply.
Conviction Expungement
Tennessee permits expungement of certain criminal convictions, subject to strict eligibility requirements. Only individuals with one or two total criminal convictions (including convictions in other states and federal court) may apply. The eligible offenses fall into specific categories:
Eligible offenses include:
- Most misdemeanor convictions (excluding domestic violence and DUI)
- Certain Class E felonies, including theft, forgery, vandalism, and fraudulent insurance claims
- A limited number of specific Class C and D felonies enumerated in the statute
Ineligible offenses include:
- DUI convictions
- Domestic assault (even misdemeanor level)
- Any offense requiring sex offender registration
- Violent felonies classified as Class A or B
- Most offenses involving minor victims
Waiting Periods
| Offense Level | Waiting Period After Sentence Completion |
|---|---|
| Misdemeanor | 5 years |
| Class E felony | 5 years |
| Class C or D felony | 10 years |
| Illegal registration or voting (§ 2-19-107) | 15 years |
Effect of Expungement on Background Checks
Once a Tennessee court grants an expungement, the record is treated as if the arrest or conviction never occurred. The individual is not required to disclose the expunged offense on job applications. A background check conducted by a CRA should not report an expunged record. Employers who discover an expunged record cannot use it as a basis for an adverse employment decision.
How to File
The process begins at the court in the county where the arrest occurred. For conviction expungements, the District Attorney's office in that county handles the initial review. The individual files a petition, pays applicable fees (typically $100 for conviction expungements), and the court reviews eligibility. If granted, the order is sent to the arresting agency, county jail, Tennessee Department of Correction, and the TBI for record removal.
Housing and Tenant Screening
Tennessee landlords may conduct background checks on prospective tenants, but several federal requirements apply. The state does not impose specific restrictions beyond federal law for residential tenant screening.
Consent and Disclosure
Landlords who use a CRA for tenant screening must comply with the FCRA, which requires written notice to the applicant and consent before running a report.
Criminal Records in Housing Decisions
The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket policies denying housing to anyone with a criminal record may violate the Fair Housing Act if they disproportionately affect protected classes. Tennessee landlords should conduct individualized assessments when evaluating applicants with criminal histories.
Certain offenses do provide valid grounds for denial. Convictions for sex offenses that require registration, drug manufacturing on the premises, and other serious crimes can justify a denial without running afoul of fair housing requirements.
Application Fees
Tennessee does not cap the amount a landlord can charge as an application fee. Landlords may charge what they deem reasonable to cover the cost of screening, but the fee should bear a reasonable relationship to the actual cost of conducting the check.
FCRA Lookback in Housing
The same FCRA seven-year lookback limit applies to tenant screening reports. Non-conviction records generally cannot be reported beyond seven years. Criminal convictions have no reporting time limit. Eviction records typically appear for seven years from the filing date.
Professional Licensing Background Checks
Tennessee requires fingerprint-based criminal background checks for a wide range of licensed professions. These checks are more thorough than standard name-based searches because they run through both the TBI and FBI databases.
Healthcare Workers
The Tennessee Department of Health requires all applicants for initial licensure to complete a fingerprint-based criminal background check through IdentoGO, the state's designated vendor. This requirement applies to nurses, physicians, pharmacists, and allied health professionals.
Healthcare facilities, including hospitals, nursing homes, assisted living facilities, home health agencies, and ambulatory surgical centers, must conduct background screenings before allowing employees to provide direct patient care. These screenings include verification of professional licenses, state criminal database searches, and checks against abuse registries.
Education
Teachers and school employees in Tennessee undergo TBI and FBI fingerprint-based background checks. The Tennessee Department of Education requires these checks for all individuals seeking licensure or employment in public schools.
Other Licensed Professions
Additional professions requiring fingerprint-based background checks include:
- Child care workers (under T.C.A. § 71-3-507)
- Real estate agents and brokers
- Insurance agents
- Private investigators and security guards
- Financial professionals (banking, trust companies)
Processing Timeline
The TBI processes fingerprint submissions through the Automated Fingerprint Identification System (AFIS). Results are typically returned within two to four hours of submission. Applicants must have their fingerprints scanned within two weeks of registration or they will need to re-register and pay the processing fee again.
Firearm Background Checks
Tennessee operates its own point-of-contact system for firearm background checks through the Tennessee Instant Check System (TICS), which has been in operation since 1998.
How TICS Works
When a person attempts to purchase a firearm from a licensed dealer, the dealer contacts the TBI's TICS Unit. The TBI runs the purchaser's information through both the federal National Instant Criminal Background Check System (NICS) databases and Tennessee state criminal history files. The dealer must receive a unique approval number before completing the transfer.
Handgun Carry Permits
Tennessee's Handgun Carry Permit does not exempt holders from a background check at the point of purchase. The permit does not meet the requirements of the federal Brady Bill because it lacks a requirement for annual rechecks of the holder's criminal history and does not require a NICS check. Permit holders still undergo a full background check when purchasing a firearm from a licensed dealer.
Prohibited Persons
Both federal law and Tennessee state law prohibit certain individuals from purchasing or possessing firearms. These include persons convicted of felonies, individuals subject to certain protective orders, persons adjudicated as mentally incompetent, and individuals under indictment for crimes punishable by more than one year of imprisonment.
Employer Liability Protections
Tennessee provides specific legal protections for employers who hire individuals with criminal records, creating incentives for second-chance hiring.
Certificate of Employability
Under T.C.A. § 40-29-107, Tennessee offers a Certificate of Employability program for individuals with criminal records. When an employer hires a person who holds this certificate, the employer receives immunity from negligent hiring claims related to that person's criminal history, provided the employer knew about the certificate at the time of hire.
This immunity has specific limits. It does not apply if the employee later demonstrates dangerous tendencies or is convicted of another felony and the employer knew about it but retained the employee anyway. The certificate serves as evidence of due care in hiring but does not provide blanket protection against all liability.
Negligent Hiring Protections
Tennessee law also provides broader protections for employers regarding negligent hiring claims. Under state law, a negligent hiring, training, retention, or supervision claim generally cannot be based solely on an employee's criminal history. Evidence of an employee's criminal history is typically inadmissible in such actions.
These protections do not apply when the employer knew or reasonably should have known of the person's criminal history and the offense was committed under conditions substantially similar to the employment duties, or the conviction was for a violent or violent sexual offense.
Recent Changes to Tennessee Background Check Laws
Several notable changes have affected Tennessee's background check landscape in recent years.
2024 Expungement Amendments (Senate Bill 2844)
The Tennessee General Assembly passed Senate Bill 2844 in 2024, amending the expungement statute then codified at T.C.A. § 40-32-101. The bill narrowed the language on disqualifying prior convictions, excluded moving and nonmoving traffic offenses from that bar, and rewrote the waiting periods in the two-offense expunction track by offense pair: five years from completion of the sentence for the most recent offense where the offenses were two misdemeanors or a Class E felony and a misdemeanor, and ten years where they were a misdemeanor and a Class C or D felony.
The bill did not create the general single-offense waiting periods shown in the table above. Those predate it and now appear at T.C.A. § 40-32-107(a)(3)(B).
2025 Expungement Code Reorganization
In 2025, Tennessee reorganized its expungement statutes into a clearer structure. Non-conviction expungements moved to T.C.A. § 40-32-106, conviction expungements to T.C.A. §§ 40-32-107 and 40-32-108, and general provisions to T.C.A. §§ 40-32-101 through 40-32-110. The substantive eligibility requirements remained the same, but the reorganization made the law easier to navigate.
Mental Health Records and NICS
Effective July 1, 2024, Tennessee updated its procedures for entering mental health adjudication records into the National Instant Criminal Background Check System (NICS). Individuals found incompetent to stand trial are now required to be entered into NICS, ensuring they are flagged during firearm purchase background checks.
Healthcare Background Check Updates
Tennessee Code § 33-2-1202 was amended by 2024 Tennessee Acts, Chapter 688, effective July 1, 2024. This amendment updated background check requirements for organizations providing mental health and substance abuse services, expanding the scope of mandatory screening for employees in these settings.
Frequently Asked Questions
Do private employers in Tennessee have to follow Ban the Box rules?
No. Tennessee's Ban the Box law under T.C.A. § 8-50-112 applies only to state government employers. Private employers may ask about criminal history on initial job applications. The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, effective immediately, so its recommendations to delay criminal history inquiries and to conduct individualized assessments are no longer agency policy. Title VII still prohibits race and national origin discrimination, including a blanket exclusion with an unjustified disparate impact.
How far back can a Tennessee background check go?
Tennessee has no state-level limit on how far back criminal convictions can be reported. A background check can reveal your entire conviction history, regardless of age. However, the federal FCRA limits reporting of non-conviction records (arrests, civil judgments, and collection accounts) to seven years for positions paying under $75,000 per year. Expunged records should not appear on background checks conducted by consumer reporting agencies.
What criminal records can be expunged in Tennessee?
Tennessee allows expungement of dismissed charges at no cost. For convictions, eligible offenses include most misdemeanors (excluding DUI and domestic assault), certain Class E felonies (such as theft, forgery, and vandalism), and a limited number of Class C and D felonies listed in the statute. You must have no more than two total criminal convictions and must wait five years after completing your sentence for misdemeanors and Class E felonies, or ten years for Class C and D felonies. Violent felonies, sex offenses, and DUI convictions are not eligible.
What background checks are required for Tennessee healthcare workers?
All applicants for initial healthcare licensure in Tennessee must complete a fingerprint-based criminal background check through IdentoGO, which runs prints through both the TBI and FBI databases. Healthcare facilities, including hospitals, nursing homes, and home health agencies, must screen employees before allowing them to provide direct patient care. These screenings include professional license verification, state criminal database searches, and checks against abuse registries.
Can a Tennessee landlord deny housing based on a criminal record?
A Tennessee landlord may consider criminal history in tenant screening, but cannot apply a blanket policy denying all applicants with criminal records. HUD guidance warns that such policies may violate the Fair Housing Act if they disproportionately affect protected classes. Landlords should conduct individualized assessments considering the nature of the offense, time elapsed, and relevance to tenancy. Certain serious offenses, such as sex crimes requiring registration, provide stronger grounds for denial.
Updates
Updated two EEOC passages for the October 28, 2026 rescission of the 2012 arrest and conviction records guidance, effective immediately, and restated the surviving Title VII standard.
Corrected the expungement citations to the operative statutes (T.C.A. 40-32-106 through 40-32-108, after 40-32-101 was reduced to definitions), clarified what Senate Bill 2844 actually changed, added the 15-year waiting period for an illegal registration or voting conviction, and removed an uncited claim that Tennessee law requires landlord written consent for tenant background checks.
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Removed the invented 'Chapter 13 bankruptcies: 7 years' row; 15 U.S.C. 1681c sets a single 10-year lookback for all bankruptcy cases under Title 11, with no distinction by chapter.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Tennessee Code Annotated
§ 8-50-112Announcement for employment for covered position — Noncovered positions — Criminal history — Definitions.In force
(a) If an employer announces a position for employment that is a covered position, the announcement shall include the following statement: NOTICE This position requires a criminal background check.…
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at capitol.tn.gov
§ 40-29-107Certificate of employability.In force
(a) A person may petition the court for a certificate of employability either in conjunction with or independently of petitioning the court for restoration of the person's rights of citizenship. (b) A petition for a certificate of employability filed under subsection (a) shall be filed in the…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 33-2-1202Organizations to perform background checks on employees.In force
(a) As used in this section and § 38-6-109, “organization” means a facility or service licensed under chapter 2, part 4 of this title. (b) Each organization shall have a criminal background check completed on any employee or volunteer who will be in a position that involves providing direct…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- James Taylor v. Division of Intellectual Disabilities Services (Court of Appeals of Tennessee 2013)“…rganizations in an official or voluntary capacity. See also Tenn. Code Ann. § 33-2-1202. 3 Tenn. Code Ann. §…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 71-3-507Criminal history violation information required of persons having access to children — Review of records and registries — Verification — Exclusion from access to adults.In force
(a)(1) The following shall complete a disclosure form in a manner approved by the department disclosing criminal records, juvenile records histories and the status of such person on the department of health's vulnerable persons registry pursuant to title 68, chapter 11, part 10, the state's sex…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Jeff and Melissa Fitzpatrick v. State of Tennessee Department of Children's Services (Court of Appeals of Tennessee 2014)“…Fitzpatrick cannot continue her current employment.17 See Tenn. Code Ann. § 71-3-507; Tenn. Comp. R. & Regs. 1240-04-03-.07.…”
- Tonia Wright v. Kathryn O'Day (Court of Appeals for the Sixth Circuit 2013, 706 F.3d 769)“…the appellant is not the person identified on the record.” Tenn. Code Ann. § 71-3-507(e)(4). Therefore, D.W. could only chall…”
- Muhammad v. Azar (District Court, W.D. Tennessee 2020)“…ilar to Plaintiff’s. (ECF No. 1 at PageID 4–5); see also Tenn. Code Ann. § 71-3-507 et seq. Then, in a letter dated July 3…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Tennessee Code Annotated, Title 40, Chapter 32: Expunction of Records
§ 40-32-106Expunction of public records upon dismissal, acquittal, or similar dispositionIn forcecited in 3 of our articles
(a) (1) All public records of a person who has been charged with a misdemeanor or a felony must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if: (A) The charge against the person has been dismissed for a reason other than the successful completion of a pretrial diversion program pursuant to §§ 40-15-102 – 40-15-107 or a judicial diversion program pursuant to § 40-35-313; (B) A no true bill was returned by a grand jury; (C) The person was arrested and released without being charged; (D) A nolle prosequi was entered in the defendant's case; (E) A verdict of not guilty was returned, whether by a judge following a bench trial or by a jury on all charges for which the defendant was accused; (F)
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at capitol.tn.gov
Also relied on in: Tennessee Court Records: How to Search, What's Public, and How to Seal Them (2026), Tennessee Expungement Laws: T.C.A. § 40-32-101 Explained
§ 40-32-107Eligible petitioners for expunction of convictionsIn forcecited in 3 of our articles
(a) (1) Except as provided in subdivision (a)(2), as used in this subsection (a), "eligible petitioner" means: (A) A person who was convicted of one (1) of the following Class C felonies, or an attempt, conspiracy, facilitation, or solicitation to commit one (1) of the following Class C felonies, committed on or after November 1, 1989: (i) Section 39-14-103 – Theft of property; (ii) Section 39-14-104 – Theft of services; (iii) Section 39-14-114 – Forgery; (iv) Section 39-14-115 – Criminal simulation; (v) Section 39-14-118 – Illegal possession or fraudulent use of a credit card or debit card; (vi) Section 39-14-121 – Worthless checks; (vii) Section 39-14-130 – Destruction of valuable papers; (viii) Section 39-14-133 – Fraudulent or false insurance claims; (ix) Section 39-14-137 –
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at capitol.tn.gov
§ 40-32-108Petition and procedure for expunction of convictionsIn force
(a) A person seeking expunction pursuant to § 40-32-107 shall petition the court in which the petitioner was convicted of the offense sought to be expunged. A person applying for expunction of records pursuant to this section must be charged the appropriate court clerk's fee pursuant to § 8-21-401. (b) Upon filing of the petition, the clerk shall serve the petition on the district attorney general for that judicial district. Not later than sixty (60) days after service of the petition, the district attorney may submit recommendations to the court and provide a copy of such recommendations to the petitioner. (c) (1) Both the petitioner and the district attorney general may file evidence with the court relating to the petition. (2) The district attorney general may file evidence relating
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at capitol.tn.gov
§ 40-32-101DefinitionsIn forcecited in 2 of our articles
As used in this chapter: (1) "Court" includes a juvenile court exercising juvenile court jurisdiction over an adult who is charged with an offense that was committed when the person was eighteen (18) years of age or older; (2) "Criminal offense" or "offense" includes, as the context requires, an implied consent violation under § 55-10-406; (3) "Mistaken identity" means during the investigation of a criminal offense, a person has been arrested, charged, or indicted for a criminal act and subsequent investigation has revealed that the person arrested was not the individual the arresting officer believed the person to be; and (4) "Public records," for purposes of expunction only, does not include: (A) Arrest histories; (B) Investigative reports; (C) Appellate court records or appellate
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library · Verify at capitol.tn.gov
Cited in 58 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Burton (Court of Criminal Appeals of Tennessee 1988, 751 S.W.2d 440)“…entitled to the information as a matter of statutory right. T.C.A. § 40-32-101(c)(3) provides: “Release of arrest hist…”
- State v. L.W. (Tennessee Supreme Court 2011, 350 S.W.3d 911)“…be removed and destroyed without cost to such person....” Tenn.Code Ann. § 40-32-101(a)(l) (Supp.2002). We therefore held th…”
- Pizzillo v. Pizzillo (Court of Appeals of Tennessee 1994, 884 S.W.2d 749)“…also expunged all public records of the charges pursuant to Tenn.Code Ann. § 40-32-101(a)(l) (1990). The memorandum of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 15
§ 1681cRequirements relating to information contained in consumer reportsIn forcecited in 61 of our articles
Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information: Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Paid tax liens which, from date of payment, antedate the report by more than seven years. Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 383 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Katz v. Donna Karan Co. (2017) addressed the FACTA truncation rule in 1681c(g) and affirmed dismissal for lack of Article III standing, treating material risk of harm as a fact question. Edward Seamans v. Temple University (2014) held the seven-year window in 1681c(a)(4) is extended for an education loan only until that loan is repaid.
Opinions citing this section in our collection:
- Katz v. Donna Karan Co. (Court of Appeals for the Second Circuit 2017, 872 F.3d 114)✓A shopper sued two stores whose receipts printed the first six digits of his credit card number; the Second Circuit affirmed dismissal for lack of standing, seeing no clear error in the finding that those digits show only the card issuer, not a material risk of identity theft.
- Edward Seamans v. Temple University (Court of Appeals for the Third Circuit 2014, 744 F.3d 853)✓A defaulted university loan kept appearing on a borrower's credit reports after he repaid it because the school never reported the delinquency date; the Third Circuit held the Higher Education Act suspends section 1681c(a)(4)'s aging-off rule only until repayment.
- Gonzales v. Arrow Financial Services, LLC (Court of Appeals for the Ninth Circuit 2011, 660 F.3d 1055)✓A debt buyer offered to settle health club debts over seven years old, saying that if it was reporting the account the bureaus would be told it was settled; the Ninth Circuit, treating those debts as unreportable under section 1681c(a)(4), called that implication misleading.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Does a Felony Stay on Your Record? (2026), Background Check Laws by State (2026 Guide), Alabama Background Check Laws (2026 Guide)
§ 1681Congressional findings and statement of purposeIn forcecited in 17 of our articles
The Congress makes the following findings: The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 3,711 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts cite 1681(a)'s findings for the Act's purpose and decide under its operative sections. Spokeo, Inc. v. Robins (2016) held that a bare procedural FCRA violation divorced from concrete harm does not satisfy Article III, and TransUnion LLC v. Ramirez (2021) applied that rule to hold 6,332 class members lacked standing.
Opinions citing this section in our collection:
- Spokeo, Inc. v. Robins (Supreme Court of the United States 2016, 578 U.S. 330)✓Robins alleged Spokeo's people-search profile carried false information about him and sued under the FCRA, 15 U.S.C. § 1681 et seq.; the Court held a bare procedural violation divorced from concrete harm does not satisfy Article III injury in fact, and remanded.
- TransUnion LLC v. Ramirez (Supreme Court of the United States 2021, 594 U.S. 413)✓TransUnion flagged 8,185 consumers as potential matches to a Treasury terrorist list; suing under the FCRA, only the 1,853 whose misleading reports actually reached third parties were held concretely harmed, so the other 6,332 lacked Article III standing for damages.
- Pintos v. PACIFIC CREDITORS ASS'N (Court of Appeals for the Ninth Circuit 2010, 605 F.3d 665)✓Police had Pintos's car towed and the towing company transferred its deficiency claim to a collection agency, which pulled her Experian report; the Ninth Circuit held § 1681b(a)(3)(A) gave no permissible purpose, since neither credit she sought nor a judgment debt was involved.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: FTC Fines Amazon $2.25 Million for Denying Identity-Theft Victims Their Fraud Records Under the FCRA, Louisiana Background Check Laws (2026 Guide), Michigan Background Check Laws (2026 Guide)
Sources and References
- Tennessee Bureau of Investigation - Background Checks(tn.gov).gov
- Tennessee Bureau of Investigation - Diversions, Expungements & Dispositions(tn.gov).gov
- Tennessee Bureau of Investigation - Firearm Background Checks (TICS)(tn.gov).gov
- Tennessee Department of Health - Criminal Background Check Instructions(tn.gov).gov
- Tennessee Administrative Office of the Courts - Expungements(tncourts.gov).gov
- Tennessee General Assembly - Senate Bill 2440 (Ban the Box)(wapp.capitol.tn.gov).gov
- Tennessee General Assembly - Senate Bill 2844 (2024 Expungement Amendments)(wapp.capitol.tn.gov).gov
- Federal Trade Commission - Fair Credit Reporting Act(ftc.gov).gov
- Federal Trade Commission - Using Consumer Reports: What Employers Need to Know(ftc.gov).gov
- EEOC Votes to Rescind Enforcement Guidance on Arrest and Conviction Records, EEOC press release (Oct. 29, 2026), reporting the Commission's October 28, 2026 vote rescinding the 2012 Enforcement Guidance effective immediately(eeoc.gov).gov
- U.S. Department of Housing and Urban Development - Fair Housing(hud.gov).gov
- Cornell Law Institute - 15 U.S.C. § 1681c (FCRA Reporting Limitations)(law.cornell.edu)
- Tennessee Code § 40-29-107 - Certificate of Employability(law.justia.com)
- Tennessee Bureau of Investigation - Expungement FAQ(tn.gov).gov
- Tennessee General Assembly - Senate Bill 2844 (2024) official bill text(capitol.tn.gov)
- Tennessee General Assembly - Amendment SA0362 to SB1055, reorganizing Title 40, Chapter 32 expunction law into T.C.A. 40-32-106 through 40-32-110(capitol.tn.gov)