Understanding Criminal Background Checks in Tennessee

Criminal background checks are essential tools for ensuring safety, trust, and compliance in various sectors, such as employment, housing, and education. In Tennessee (TN), criminal background checks serve as a key method for assessing an individual’s criminal history, enabling employers, landlords, and organizations to make informed decisions. This section explores what a criminal background check is in Tennessee, why it’s important, and who typically uses these checks.

What is a Criminal Background Check in Tennessee?

A criminal background check in Tennessee is a process used to gather and review information about an individual’s criminal history. This check reveals criminal records, including arrests, convictions, pending charges, and sometimes even juvenile records. The information is typically sourced from various law enforcement databases, such as the Tennessee Bureau of Investigation (TBI), local county courts, and other state-level databases.

Key Information Provided by a Criminal Background Check:

• Arrests: Information about any past or ongoing arrests, including arrest dates and details.
• Convictions: Record of any criminal convictions (misdemeanors or felonies) and the sentences served.
• Pending Charges: Information regarding criminal cases that are currently under investigation or awaiting trial.
• Sex Offender Status: Whether the individual is listed as a sex offender in the state’s registry.

Why Are Criminal Background Checks Important in Tennessee?

Criminal background checks are a vital tool used across many sectors in Tennessee for a variety of purposes. Their main goal is to protect individuals, organizations, and communities by ensuring that those with a criminal history are carefully considered before being hired, allowed into rental properties, or given other opportunities. Here’s why criminal background checks are important:

For Employers:

Employers use criminal background checks to make informed hiring decisions. These checks help employers ensure the safety of their employees, clients, and customers, especially when hiring for roles that involve handling sensitive information, working with vulnerable populations, or operating heavy machinery.

For Landlords:

Landlords use criminal background checks to screen potential tenants. By doing so, they ensure that their properties are rented to responsible individuals who are less likely to cause damage, engage in illegal activity, or pose a safety risk to other tenants.

For Schools and Educational Institutions:

Background checks help institutions ensure the safety of students, particularly when hiring teachers, administrators, or staff members who interact closely with minors.

For Adoption and Foster Care Agencies:

These agencies conduct background checks to ensure the safety of children placed with foster or adoptive families, screening for criminal histories that could pose risks to children’s welfare.

Who Uses Criminal Background Checks in Tennessee?

In Tennessee, several different groups or entities may request a criminal background check, including:

• Employers: Whether for pre-employment screening or for ongoing checks for existing employees.
• Landlords: For tenant screening to ensure renters have a clean criminal record.
• Government Agencies: For licensing purposes, ensuring applicants meet safety and regulatory standards.
• Educational Institutions: To verify the background of faculty, staff, or volunteers.
• Adoption and Foster Care Agencies: Ensuring that applicants seeking to adopt or foster children have clean criminal histories.
• Licensing Boards: Certain professionals (such as healthcare providers or legal professionals) may be required to submit a background check before obtaining a license.

In Tennessee, the Tennessee Bureau of Investigation (TBI) plays a central role in providing criminal background checks. The TBI operates the state’s criminal history databases, including the Tennessee Felony Offender Information (FOI) system, and offers a secure online portal for obtaining official criminal background checks.

How to Obtain a Criminal Background Check in Tennessee

In Tennessee, criminal background checks can be obtained through the Tennessee Bureau of Investigation (TBI) or by using private third-party services. Here’s a detailed guide on how to request and obtain a background check:

1. Online Request via TBI’s Background Check Portal:

Tennessee offers an online system for requesting criminal background checks known as Tennessee Felony Offender Information (FOI) and the TBI’s Background Check Portal.

• Tennessee Felony Offender Information (FOI): This system is useful for individuals or organizations wanting to check felony criminal records in Tennessee.
• TBI’s Background Check Portal: For a more comprehensive search, including misdemeanors, felony charges, and more, individuals or businesses can access TBI’s Background Check Portal, which provides instant access to criminal history information.

Steps to obtain an online check:

1. Visit the TBI Background Check Portal website.
2. Enter the required information, including full name and date of birth.
3. Pay the required fee using a credit or debit card.
4. Review the criminal history report, which will either show “No Record” or list details of any criminal activity found.

2. In-Person Request:

You can also visit a Tennessee Department of Public Safety (TDPS) location or TBI’s regional offices to request a background check. You will need to provide your identification and the necessary personal information.

3. Request via Mail:

To request a criminal background check by mail:

1. Download and complete the TBI Criminal History Request Form from their website.
2. Mail the form, along with a money order or check for the required fee, to the TBI’s Criminal History Department.

4. Fingerprint-Based Criminal Background Checks:

For certain types of employment or sensitive positions (e.g., working with children, healthcare providers, etc.), a fingerprint-based criminal background check may be required. These checks are more thorough and may involve submitting fingerprints through an approved fingerprinting provider or local law enforcement agency.

Required Documentation

To request a criminal background check in Tennessee, you will generally need to provide:

• Full name
• Date of birth
• Social Security number (for more precise results)
• Additional personal details, such as address and former names, if applicable.
• Fingerprints (for specific checks)

Cost and Processing Time

The cost for obtaining a criminal background check in Tennessee varies:

• Online requests typically cost around $29.
• Fingerprint-based background checks may have additional fees, generally around $35 or more.
• Processing times vary based on the method of request:
  • Online checks: Instant results are available.
  • Mail requests: Processing takes 5-10 business days.
  • Fingerprint-based checks: Can take up to 2-3 weeks.

Expedited Options:

TBI also provides expedited services for urgent requests, which may shorten the processing time.

How to Interpret Criminal Background Check Results

Understanding the results of a criminal background check is essential to making an informed decision. Here’s what to look for:

• No Record: This means no criminal history was found for the individual.
• Record Found: This indicates that a criminal history was discovered, which could include arrests, convictions, or pending charges. The report will list the details of these records, including offense types, dates, and dispositions.

---

Legal Aspects of Criminal Background Checks in Tennessee

Fair Credit Reporting Act (FCRA) Compliance:

The Fair Credit Reporting Act (FCRA) governs how background checks are conducted and used for employment purposes in Tennessee. The FCRA ensures that employers:

• Obtain consent from the applicant before conducting a background check.
• Notify applicants if an adverse decision (such as denial of employment) is made based on the background check.
• Provide the applicant with a copy of the report and a chance to dispute any inaccuracies.

Ban the Box Laws:

Tennessee is one of many states that have adopted “Ban the Box” laws. These laws restrict employers from asking about an applicant’s criminal history early in the hiring process, promoting fairer employment opportunities for individuals with criminal records.

Expungement and Sealing of Records:

In Tennessee, individuals with certain criminal convictions may be eligible to have their records expunged or sealed. Expungement allows a person to remove a conviction from public records, while sealing a record limits access to it. This process is essential for those seeking a second chance and may be requested after a certain period or under specific conditions.

Non-Discrimination in Hiring and Housing:

It is illegal for employers or landlords to discriminate against individuals based solely on their criminal history, unless the offenses are directly relevant to the position or housing situation.

Frequently Asked Questions (FAQs) About Criminal Background Checks in Tennessee

How far back does a criminal background check in Tennessee go?

Criminal background checks in Tennessee can go back indefinitely for certain offenses, especially for felonies. However, some misdemeanors or arrests may only be reported for a set period.

Can I check my own criminal record in Tennessee?

Yes, individuals can request their own criminal background check via TBI’s online portal or by mail.

Do criminal background checks show all offenses in Tennessee?

Criminal background checks show most convictions, but certain offenses may not be included, particularly if the individual’s record has been expunged or sealed.

Can an employer deny me employment based on a criminal background check in Tennessee?

Yes, employers can deny employment if the background check reveals convictions related to the job. However, they must consider the nature of the offense and follow FCRA guidelines.

How long does it take to get the results of a criminal background check in Tennessee?

The processing time varies from instant results for online checks to several weeks for fingerprint-based checks.

Conclusion

Criminal background checks are essential in ensuring safety, trust, and fairness across Tennessee. By understanding the process, legal considerations, and how to interpret the results, individuals and organizations can make better-informed decisions. For faster and more reliable results, services like ExactBackgroundChecks can simplify the background check process and provide quick access to accurate reports. Understanding and utilizing criminal background checks effectively is crucial for maintaining safety and compliance in both personal and professional settings.