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Tennessee Background Check Laws: What Employers Need to Know
Tennessee largely follows federal FCRA standards, with one added protection around employee privacy. Relevant across the state's healthcare, automotive, music, and logistics industries, here's what applies whether you're hiring in Nashville, Memphis, or Knoxville.
Social Media Password Protections
Under the Employee Online Privacy Act of 2014, employers can't require an employee to disclose the username and password for a personal internet account, except under certain defined circumstances.
What This Means for Employers
Outside of the privacy protection above, Tennessee doesn't add requirements beyond the standard FCRA basics: written authorization, clear disclosure, and the adverse action process if a report factors into a hiring decision.
Pass-Through Fees for Tennessee Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (TN Bureau of Investigation Information Systems) | $29.00 for a Tennessee-only name check through the TBI criminal history online portal |
| Motor vehicle record | $7.50 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Tennessee Employers
Does Tennessee have a Ban-the-Box law?
No statewide law for private employers. Tennessee's main added requirement is the social media privacy protection under the Employee Online Privacy Act.
Can I ask a Tennessee candidate for their social media password?
Generally no, under the Employee Online Privacy Act, though the law allows for certain defined exceptions.
Do I need anything beyond standard FCRA forms in Tennessee?
No. A standard federal disclosure and authorization form covers Tennessee's requirements.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
