State law · For employers
Tennessee background check laws for employers
What Tennessee law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
5 laws cited
At a glance
The Tennessee rules on each topic, in one line. Federal law applies to every topic.
| Topic | Tennessee rule |
|---|---|
| Criminal history questions | No state rule. Federal law applies. |
| Limits on what a report includes | No state rule. Federal law applies. |
| Sealed and expunged records | Tennessee has no automatic sealing or clean-slate law. Expunction is by petition under Tenn. Code Ann. title 40, chapter 32. |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | No state rule. Federal law applies. |
| Drug testing procedures | No statute constrains private-employer testing unless the employer opts into the Tennessee Drug-Free Workplace Program (Tenn. Code Ann. 50-9-101 et seq.). The program is voluntary. |
| State consumer reporting law | No state rule. Federal law applies. |
Sealed and expunged records
Who it covers: All employers; governs what public records show and what a person must disclose.
In force since: April 29, 2025
Tennessee has no automatic sealing or clean-slate law. Expunction is by petition under Tenn. Code Ann. title 40, chapter 32. Public Chapter 268 (2025) reorganized the chapter: dismissed charges are handled in 40-32-106, eligible convictions in 40-32-107, and the petition process in 40-32-108. For an eligible conviction, five years must pass after the sentence ends for a misdemeanor or Class E felony, and ten years for an eligible Class C or D felony. Before entering most expunction orders, the court must get a TBI certificate on whether the offense is eligible. An expunged person need not acknowledge the arrest, charge, or conviction in response to any inquiry, and is not guilty of perjury for not doing so.
Tenn. SA0362 (Senate Amendment 1 to SB 1055, rewrote the bill; adopted April 14, 2025), enacted as Public Chapter 268 (2025), new Tenn. Code Ann. 40-32-107 · Tenn. SA0362, Public Chapter 268 (2025), new Tenn. Code Ann. 40-32-102(c) (TBI certification) · Tenn. SA0362, Public Chapter 268 (2025), effect of expunction · Bill history, SB 1055 / HB 1257 (Public Chapter 268, signed April 29, 2025) · UT County Technical Assistance Service, 'Expunging Court Records' (state university guidance, not the statute) · Bill history, HB 1391 / SB 1349 (2025, expand Class E felony expunction eligibility) - failed in House subcommittee March 26, 2025
Drug and alcohol testing procedures
Who it covers: Only employers that elect to implement a program under Title 50, ch. 9.
No statute constrains private-employer testing unless the employer opts into the Tennessee Drug-Free Workplace Program (Tenn. Code Ann. 50-9-101 et seq.). The program is voluntary. A participating employer must follow the chapter’s policy, notice, testing, and confirmation rules and in return gets a workers’ compensation premium credit and benefit presumptions.
UT County Technical Assistance Service, 'State Drug Free Workplace Program (Workers' Compensation)'
We checked this against an unofficial copy of the law. The official text was not freely available online. Check the official code before you rely on it.
Where federal law alone applies
We found no Tennessee rule for private employers on these topics. The FCRA and other federal laws still apply.
- Criminal history questions
- Limits on what a report includes
- Credit checks
- Salary history
- Cannabis
- State consumer reporting law
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Tennessee requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Tennessee sets these for each new hire.
- State withholding. No state withholding certificate: Tennessee has no tax on wages. Collect only the federal Form W-4.
- New hire report. Report each new hire to Tennessee within 20 days. State new hire reporting
- Notices at hire. Tennessee adds none beyond the federal forms that every employer gives.
- E-Verify. Employers with 35+ FTEs must run every new hire through E-Verify and keep the case result. Smaller covered employers must either use E-Verify or request and keep a copy of one listed identity and work-authorization document before the new hire starts work.
Build the new hire checklist for Tennessee, with city rules, special cases and a due date for each item.
Sources
- Tenn. SA0362 (Senate Amendment 1 to SB 1055, rewrote the bill; adopted April 14, 2025), enacted as Public Chapter 268 (2025), new Tenn. Code Ann. 40-32-107
- Bill history, SB 1055 / HB 1257 (Public Chapter 268, signed April 29, 2025)
- UT County Technical Assistance Service, ‘Expunging Court Records’ (state university guidance, not the statute)
- Bill history, HB 1391 / SB 1349 (2025, expand Class E felony expunction eligibility) – failed in House subcommittee March 26, 2025
- UT County Technical Assistance Service, ‘State Drug Free Workplace Program (Workers’ Compensation)’
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.