Tennessee Criminal History Record Policy

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Multi-State
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US-143EM
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Description

This form explains company policy as it pertains to criminal history background checks.

Tennessee Criminal History Record Policy refers to the rules and regulations governing the maintenance, dissemination, and access of criminal history records in the state of Tennessee. These policies are crucial in ensuring the accuracy, confidentiality, and fairness of criminal records while also guaranteeing public safety. Under Tennessee law, criminal history records are maintained by the Tennessee Bureau of Investigation (TBI) — the state's central repository for criminal records. The TBI collects and stores information related to criminal offenses, arrests, convictions, and other pertinent details concerning individuals involved in criminal activities within the state. The Tennessee Criminal History Record Policy aims to provide criminal justice agencies, employers, and other authorized entities with reliable and up-to-date information necessary for making informed decisions. Law enforcement agencies have access to criminal records to aid investigations, identify suspects, and initiate appropriate legal action, while employers may request records to assess the suitability of a potential employee. In Tennessee, there are a few different types of Criminal History Record Policies that cater to specific needs: 1. Non-public Personal Information Policy: This policy addresses the privacy and confidentiality concerns associated with criminal records. It outlines guidelines on how personal information, such as social security numbers, addresses, and dates of birth, should be protected from unauthorized access and use. 2. Background Check Policy: This policy focuses on the procedures and requirements for conducting background checks on individuals. It may specify which organizations are eligible to request criminal history records and the permissible purposes for which the information can be used. This policy helps ensure that employers and organizations obtain accurate and relevant data while respecting the privacy rights of applicants. 3. Expungement Policy: Tennessee offers individuals the opportunity to partially or completely seal their criminal records under specific circumstances. The Expungement Policy defines the criteria, processes, and eligibility requirements for expungement. It aims to promote rehabilitation and offer a chance for individuals with a criminal record to overcome the barriers associated with their past offenses. 4. Record Retention Policy: This policy establishes guidelines regarding the storage and retention of criminal history records. It specifies the duration for which records are maintained and the protocols for their destruction or preservation. This policy helps ensure that records are not stored indefinitely and promotes the efficient use of limited resources. Tennessee's Criminal History Record Policies are periodically reviewed and updated to align with changing legal and societal considerations. These policies work together to strike a balance between protecting an individual's privacy rights and maintaining public safety, while also being transparent and fair in providing access to criminal history records to authorized entities.

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FAQ

Tennessee is one of the states where there is no limit as to how far back you can report criminal history. A criminal history check in Tennessee can literally go back for 25-30 years. States such as New Mexico, California, and New York have added laws limiting the reporting of criminal convictions to 7 years.

Tennessee's Ban the Box law is Senate Bill 2440. It discusses covered and non-covered positions. This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.

In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.

Tennessee is one of the states where there is no limit as to how far back you can report criminal history. A criminal history check in Tennessee can literally go back for 25-30 years. States such as New Mexico, California, and New York have added laws limiting the reporting of criminal convictions to 7 years.

A criminal history check conducted in Tennessee can legally report a person's entire criminal historyeven if convictions date back 20 or 30 years. There are also no laws in Tennessee that bar employers from considering older convictions when making their hiring decisions.

In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.

Criminal Record Check: Verification of criminal record history by means of AFIS electronic fingerprint scanning. This confirms whether the individual has any of the following activity recorded against his/ her criminal record: Convictions, cases awaiting trial and warrants of arrest.

How long does it take to get the results of a background check? Normally, the process only takes a few days. If you have not received your results within five days, please contact your Licensing Program Evaluator. Do not send applicants to be reprinted at this point.

Tennessee has a new Ban the Box law for state employers. Signed by Governor Bill Haslam, the legislation (SB 2440) prohibits a state employer from inquiring about an applicant's criminal history on the initial job application.

More info

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Tennessee Criminal History Record Policy