Tennessee Criminal Records

Tennessee criminal records document an individual's interactions with the state's law enforcement and judicial systems. These records include a variety of information, such as arrest details, active warrants, indictments, records of plea agreements, conviction and sentencing outcomes, and incarceration records. According to recent data, Tennessee has a violent crime rate of approximately 6.22 per 1,000 residents, with an overall crime index of 29.24 per 1,000.

The Tennessee Bureau of Investigation (TBI) serves as the central repository for criminal history information in the state; to this end, the bureau maintains a statewide database of criminal records and offers access to this information upon request. However, it is important to note that various other local and state agencies, including local police departments, county sheriff's offices, trial courts, and the Tennessee Department of Correction, also generate and maintain their own records related to criminal justice processes.

Are Criminal Records Public in Tennessee?

Criminal records are generally considered public in Tennessee under the state's Public Records Act (as outlined in Sections 10-7-501 through 10-7-517 of the Tennessee Code). This Act establishes the public's right to access government records, including criminal records. However, this right of access is not absolute, and several exemptions exist where certain types of criminal records or specific information contained within them may be restricted from public disclosure.

Examples of criminal records that are not publicly accessible include records related to ongoing investigations, juvenile records, and expunged records. These non-public criminal records can typically be accessed by only authorized entities, such as law enforcement agencies, courts, and certain government bodies.

How To Look Up Criminal Records in Tennessee?

You may access official criminal records in Tennessee by performing a name-based background check online using the TBI's Tennessee Open Records Information Services (TORIS) system. There is a $29 fee per search, payable by credit card (users also have the option of creating a billable account). Alternatively, these name-based background checks may be requested by completing and submitting a Tennessee Criminal History Information Request Form to the TBI at:

Inquiries may be directed to the TBI's TORIS Unit at (615) 744-4057 or via email.

How To Search Tennessee Arrest Records?

In Tennessee, an arrest record is generated when a law enforcement agency makes an arrest. These records are primarily created and maintained locally by police departments and county sheriff's offices, and they document details of the arrest in question. To this end, a typical Tennessee arrest record usually contains the following information:

• The name, address, and age of the individual arrested
• Physical descriptors of the arrestee, such as their height, sex, birthmarks, tattoos, and scars (if any)
• The date and location of the arrest
• A description of the incident
• Details on the arresting officer and arresting agency

Tennessee arrest records can typically be accessed by contacting the specific law enforcement agency that made the arrest. Be aware that these agencies may each have their own procedures for handling record requests; nonetheless, you will generally need to submit a written request (either in person, via mail, or online) and provide sufficient identifying information to allow the agency to locate the desired record(s). Fees may also apply.

How To Search Tennessee Warrants?

Warrants are legal orders that authorize law enforcement to take a specific action. In Tennessee, these warrants are typically issued by judges. However, clerks of the court, judicial commissioners and county mayors in their respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations are also statutorily authorized to issue warrants. Several types of warrants are issued in Tennessee, with the most common ones being:

• Arrest Warrants: These authorize law enforcement officers to apprehend an individual suspected of committing a crime and are issued based on a finding of probable cause.
• Search Warrants: These permit law enforcement officers to search a specific location for evidence related to a criminal investigation. Search warrants also require a showing of probable cause before they may be issued.
• Bench Warrants: These are issued when an individual does not comply with a court order, such as failing to appear for a scheduled court hearing or making court-ordered payments.

The validity of warrants in Tennessee usually depends on the type of warrant and/or what it was issued for. For instance, bench warrants do not expire and remain valid indefinitely until they are executed or cancelled by the issuing court; the same goes for arrest warrants issued for felony cases. However, arrest warrants issued for misdemeanor cases are automatically terminated and removed from official records if they are not executed, returned, or quashed (cancelled) within five years of being issued. Likewise, search warrants must also be executed within five days of issuance; otherwise, they become void.

Tennessee does not currently offer a single, statewide online database that provides public access to warrant information. As such, to get information about a specific warrant, you will typically need to contact the local law enforcement agency and/or court in the jurisdiction where you believe the warrant may have been issued. Also, even though there is no statewide option for accessing warrant information, some counties provide access to online platforms that may be used to search for warrants issued in their respective jurisdictions. However, be aware that in some instances, law enforcement agencies may choose not to publicly disclose information about active warrants to avoid jeopardizing an investigation or the apprehension of the individual.

Can I Obtain a Tennessee Criminal History Record of Another Person?

You may obtain copies of another person's adult criminal history information in Tennessee using the TORIS system provided by the state's Bureau of Investigation (TBI). Any interested member of the public may use this system to perform a name-based background check and obtain information related to misdemeanor and felony arrests involving the subject of the search. There is a non-refundable $29 fee per request submitted, and the system will indicate whether the subject of the search has or does not have a Tennessee criminal history record. If there is a criminal history record available, you will be forwarded a copy via email.

The TBI also partners with third-party contractors to offer fingerprint-based searches to interested parties. Contact the bureau at (615) 744-4000 for more information.

How To Expunge or Seal Tennessee Criminal Records

Expungement (sometimes referred to as "expunction") is a legal process in Tennessee that allows individuals to remove/erase certain criminal cases from their records. Note that in Tennessee, expunged records are not destroyed and may still be accessed by certain authorized parties, including law enforcement agencies, courts, and district attorney's offices.

The legal framework and requirements for the expungement process are outlined in Title 40, Chapter 32 of the Tennessee Code. Per this law, expungements are generally available for non-conviction records. These include cases where the charges were dismissed, a "no true bill" was returned by a grand jury, no charges were filed after an arrest, a not-guilty verdict was rendered, or the case was voluntarily dropped. Individuals who successfully defended themselves against an order of protection may also qualify for free expungements.

In addition, certain convictions for non-violent offenses, including some Class E felonies and minor drug offenses, may qualify for expungement, provided that specific eligibility criteria are met. These requirements include having no other criminal convictions, completing all sentencing requirements, and allowing sufficient time to pass since the imposed sentence was completed - typically a minimum of five years. It is important to note that, in addition to violent crimes, offenses involving minors and/or domestic violence, sexual offenses, DUIs, and offenses that result in significant financial losses generally do not qualify for the expungement process.

For non-conviction records, the expungement process generally involves filing a petition with the court where the charges originated. Expungements for these types of records are usually free unless outstanding court costs apply. On the other hand, for convictions, the process typically requires contacting the District Attorney's Office in the county of conviction and completing an expungement checklist before filing a petition with the appropriate court.

The District Attorney is allowed to submit their recommendations on whether the records should be expunged. You will typically be given a copy of these recommendations and also allowed to submit evidence supporting your case. The court will review the petition, along with all supporting documents, before making its decision on whether to grant or deny the request. If the request is granted and the record expunged, it is advisable to obtain certified copies of the charging document and order of expungement as official proof of this.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Tennessee?

Certain laws limit how criminal records may be used for employment, housing, and licensing in Tennessee. These include the Fair Chance Act, which prohibits federal agencies and contractors domiciled and/or operating in Tennessee from inquiring about job applicants' criminal histories until after a conditional offer of employment has been made.

Additionally, guidance from agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) emphasize that blanket exclusions of applicants (whether for jobs, housing, or licensing) should not be implemented based on criminal records. Instead, decisions should be based on an individualized assessment that considers the nature and seriousness of the offense, the time elapsed since the offense, and the relevance of the offense to the specific job duties, housing opportunity, or overall public safety.

At the state level, Tennessee also restricts public employers from asking about criminal history on initial job applications and also generally follows federal guidance regarding the use of criminal records for (private) employment, housing, and licensing.

Can I Access Tennessee Criminal Records for Free Online?

Several private websites claim to provide access to Tennessee criminal records - depending on the website, this access may be offered at no cost or for a nominal fee. However, the accuracy and completeness of the information on these sites can be unreliable, and you may end up with records that are outdated and/or incomplete. For the most accurate and up-to-date Tennessee criminal records, it is advisable to use official state resources like the Tennessee Bureau of Investigation's TORIS system or reputable third-party platforms that source and aggregate data from official (and private) databases, like TennesseePublicRecords.us.