Does Tennessee have ban-the-box for private employers?

No. Tennessee's ban-the-box policy (Executive Order 41, 2016) only applies to state executive-branch employers. Private employers in Tennessee can ask about criminal history on job applications and at any stage of hiring.

Can I get my record expunged in Tennessee?

Tennessee allows expungement for certain offenses. Eligible offenses include many misdemeanors and specific enumerated felonies under Tenn. Code Ann. § 40-32-101. You must have completed your full sentence (including probation and payment of all fines/restitution), and there is typically a waiting period. Dismissed charges and acquittals can also be expunged. Violent felonies, sex offenses, and DUI are generally not eligible.

What is judicial diversion in Tennessee?

Judicial diversion (Tenn. Code Ann. § 40-35-313) is a program for first-time offenders. Instead of entering a conviction, the court places you on a period of supervised probation. If you successfully complete diversion — meeting all conditions, staying out of trouble, and paying required costs — the charges are dismissed and can be expunged. This means no conviction appears on your record. Not all offenses qualify, and the judge has discretion in granting diversion.

Can a Tennessee employer refuse to hire me because of an old conviction?

Yes. Tennessee has no state law preventing employers from considering old convictions, and there is no requirement for individualized assessment. However, EEOC federal guidance recommends that employers consider the nature of the offense, time elapsed, and relevance to the position when making hiring decisions.

Will a dismissed charge show up on a Tennessee background check?

A dismissed charge may appear on a background check unless you have petitioned for expungement under Tenn. Code Ann. § 40-32-101. Once expunged, the record should not appear on standard background checks. If you have dismissed charges, it is worth pursuing expungement.

Does Tennessee have any automatic record clearing?

No. Tennessee does not have a Clean Slate law or automatic record-clearing mechanism. All expungement requires filing a petition with the court and paying applicable fees. However, Tennessee has expanded expungement eligibility in recent years, making more offenses eligible than before.

How much does expungement cost in Tennessee?

The filing fee for expungement in Tennessee is $350 for convictions. The fee for expunging dismissed charges or acquittals is lower. If you cannot afford the fee, you may be able to request a fee waiver from the court. Some legal aid organizations provide free assistance with the expungement process.

Tennessee Background Check Laws

No state lookback limitLast updated: 2026-04-01

Tennessee has no state lookback limit — convictions appear on background checks indefinitely. Ban-the-box applies to public employers only (2016 executive order). No Clean Slate law exists, but expungement is available for certain eligible misdemeanors and felonies, and judicial diversion can prevent conviction records for first-time offenders.

Overview

Tennessee does not impose a state-level time limit on how far back employers can look at criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and Tennessee has no stricter state law overriding this. A conviction from decades ago can still appear on a standard employment background check. Tennessee has a limited ban-the-box policy that applies only to public employers. Governor Haslam signed Executive Order 41 in 2016, directing state executive-branch agencies to remove criminal history questions from initial job applications. This policy does not extend to private employers. Tennessee does not have a Clean Slate law, but the state does offer expungement for certain eligible offenses. Under the Tennessee expungement statute (Tenn. Code Ann. § 40-32-101), certain misdemeanors and specific felonies are eligible for expungement after completion of sentence and a waiting period. Tennessee also has a judicial diversion program that allows first-time offenders to have charges dismissed and expunged upon successful completion of a diversion period.

How Far Back Does a Background Check Go in Tennessee?

Record Type	Rule in Tennessee
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting. Some felonies are eligible for expungement under Tenn. Code Ann. § 40-32-101(g).
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting. Many misdemeanors are eligible for expungement.
All Convictions	No state limit. Convictions can be reported indefinitely under FCRA defaults. Tennessee has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Tennessee does not impose a stricter limit, but arrests resulting in dismissal, nolle prosequi, or not guilty may be eligible for expungement.
Pending Cases	Pending charges can be reported and considered by employers. Tennessee does not restrict reporting of pending criminal cases.

Ban the Box / Fair Chance

Yes

Governor Haslam signed Executive Order 41 in 2016, directing state executive-branch agencies to remove criminal history questions from initial job applications. The inquiry is delayed until later in the hiring process. This policy does NOT apply to private employers, local governments, or positions where a background check is required by law (such as law enforcement or positions involving vulnerable populations).

Effective: 2016-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Tennessee does not have a Clean Slate law providing automatic record sealing or expungement. However, Tennessee has expanded its expungement eligibility in recent years. Under Tenn. Code Ann. § 40-32-101, certain misdemeanors and specific enumerated felonies can be expunged by petition after completion of sentence and a waiting period. Judicial diversion (Tenn. Code Ann. § 40-35-313) allows first-time offenders to complete a probation-like period and have charges dismissed and expunged. All record clearing requires a petition to the court.

What Employers Can Do in Tennessee

When can employers ask about criminal history?: Private employers in Tennessee can ask about criminal history at any point in the hiring process, including on the initial application. State executive-branch employers must delay the inquiry per Executive Order 41.
What can they consider?: Tennessee employers can consider any conviction regardless of age. There is no state law requiring individualized assessment or evaluation of the relevance of a conviction to the job. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but this is not mandated by Tennessee state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Tennessee

Tenn. Code Ann. § 40-32-101 (Expungement of Criminal Records)
Provides for expungement of certain misdemeanor and felony convictions after completion of sentence and applicable waiting periods. Lists specific eligible offenses, primarily non-violent crimes. Also covers expungement of dismissed charges and acquittals.
Tenn. Code Ann. § 40-35-313 (Judicial Diversion)
Allows first-time offenders charged with certain offenses to undergo a period of judicial diversion (similar to probation). Upon successful completion, the charges are dismissed and can be expunged, resulting in no conviction on the individual's record.
Executive Order 41 (Ban-the-Box for State Employers)(2016)
Signed by Governor Haslam in 2016. Directs state executive-branch agencies to remove criminal history questions from initial job applications, delaying inquiry until later in the hiring process. Does not apply to private employers.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — Tennessee

How far back does a background check go in Tennessee?: Tennessee has no state limit on how far back criminal convictions can be reported. Under the FCRA, convictions can appear indefinitely. Arrests that did not lead to conviction are limited to 7 years under federal law. A decades-old conviction will still appear on a Tennessee background check unless it has been expunged.
Does Tennessee have ban-the-box for private employers?: No. Tennessee's ban-the-box policy (Executive Order 41, 2016) only applies to state executive-branch employers. Private employers in Tennessee can ask about criminal history on job applications and at any stage of hiring.
Can I get my record expunged in Tennessee?: Tennessee allows expungement for certain offenses. Eligible offenses include many misdemeanors and specific enumerated felonies under Tenn. Code Ann. § 40-32-101. You must have completed your full sentence (including probation and payment of all fines/restitution), and there is typically a waiting period. Dismissed charges and acquittals can also be expunged. Violent felonies, sex offenses, and DUI are generally not eligible.
What is judicial diversion in Tennessee?: Judicial diversion (Tenn. Code Ann. § 40-35-313) is a program for first-time offenders. Instead of entering a conviction, the court places you on a period of supervised probation. If you successfully complete diversion — meeting all conditions, staying out of trouble, and paying required costs — the charges are dismissed and can be expunged. This means no conviction appears on your record. Not all offenses qualify, and the judge has discretion in granting diversion.
Can a Tennessee employer refuse to hire me because of an old conviction?: Yes. Tennessee has no state law preventing employers from considering old convictions, and there is no requirement for individualized assessment. However, EEOC federal guidance recommends that employers consider the nature of the offense, time elapsed, and relevance to the position when making hiring decisions.
Will a dismissed charge show up on a Tennessee background check?: A dismissed charge may appear on a background check unless you have petitioned for expungement under Tenn. Code Ann. § 40-32-101. Once expunged, the record should not appear on standard background checks. If you have dismissed charges, it is worth pursuing expungement.
Does Tennessee have any automatic record clearing?: No. Tennessee does not have a Clean Slate law or automatic record-clearing mechanism. All expungement requires filing a petition with the court and paying applicable fees. However, Tennessee has expanded expungement eligibility in recent years, making more offenses eligible than before.
How much does expungement cost in Tennessee?: The filing fee for expungement in Tennessee is $350 for convictions. The fee for expunging dismissed charges or acquittals is lower. If you cannot afford the fee, you may be able to request a fee waiver from the court. Some legal aid organizations provide free assistance with the expungement process.

Tennessee Resources

Tennessee Bureau of Investigation (TBI) — Criminal Records
The state agency that maintains criminal history records. You can request your own criminal history record here.
Tennessee Alliance for Legal Services — Expungement Resources
Connects low-income Tennesseans with free legal help, including assistance with expungement petitions.
Tennessee Department of Labor & Workforce Development — Reentry
Employment resources and reentry programs for people with criminal records in Tennessee.
Legal Aid Society of Middle Tennessee
Provides free legal assistance to low-income residents, including expungement help and reentry legal services.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Tennessee for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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