Tennessee Arrest Records

The number of arrests in Tennessee has been on a downward trend over the past few years. A little over 260,000 people are arrested annually, which amounts to 3687 persons per 100,000 of the state population. It is still higher than the national average of 1518.

The majority of the arrests made in the state were due to possession of controlled substances, petty theft, driving under the influence, domestic assault, and disorderly conduct. The arrest rates also rank higher than those of neighbors, North Carolina at 3,300 per 100,000 and Virginia at 2,364.

What Is an Arrest Under Tennessee Law?

In Tennessee, arrests occur when an officer of the law uses their prescribed authority to apprehend and detain a person, thereby restraining their movements. The arrest is due to participation in unlawful activities, and the arresting officer must have probable cause to suggest that the suspect is involved. Arrests typically occur following an arrest warrant but may also occur spontaneously if the crime happened in view of the police officer. They may also happen without a warrant, however, the officer should have cause to determine the occurrence of a crime.

Type of Arrests in Tennessee

Arrests in Tennessee generally fall into three general categories: those with a warrant, those without one, and those by a private citizen.

Arrests of Adults with a Warrant

Arrest warrants are served by a judge or a magistrate when there is compelling evidence that a person has committed criminal activities. Likewise, they can only be implemented by sworn law enforcement personnel. If an officer checks on an individual and finds they have outstanding warrants, they are within their rights to apprehend the person. Even if their police department does not have a current charge on the suspect, the officer may detain them and notify the police department within the relevant authorities, which have a warrant out for the person.

Arrests of Adults without Warrants

Arrests of individuals may also occur if the person commits a breach of the peace in the presence of the officer. Grounds for arrest are also present when the person has committed a felony, though this does not necessarily have to be in the presence of law enforcement personnel. However, there must be probable cause that they did commit the offense.

Arrests by Private Citizens

A private citizen may arrest another person if they have committed a public offense in their presence. They may also do so if a felony has been committed and there is reasonable cause to believe the person has committed it. They are not meant to receive any fee or compensation for the arrest.

Other forms of arrest in the state generally include the following

• Misdemeanor arrests
• Felony arrests
• Bench warrant arrests
• Arrests for the violation of protective orders
• Arrests because of probation or parole

What Are Tennessee Arrests Records?

Tennessee arrest records are documents created by the arresting law enforcement agency or police department when a person has been booked into the station. Though they are generated by the police, these records are maintained by the Tennessee Bureau of Investigation. Arrest records typically concern details on the person arrested along with the peripheral information. The authorities and various employers generally use arrest records in background checks for due diligence purposes. They typically include information on the following:

• Names and addresses of the arrested person
• Arrest and booking dates
• Charges filed against the person and the circumstances surrounding the arrest
• Mugshots and fingerprints during the booking process
• Outstanding warrants and previous criminal background
• Police department or law enforcement agency and the arresting officer's identity.
• Court case numbers and bond information

Arrest records typically describe the details and circumstances surrounding the apprehension of an individual though they are not proof of the person's innocence or guilt. Criminal records though are generally more detailed as they may include the arrest, booking, court appearances, trial, and conviction up to sentencing. Due to the usually extensive report provided, criminal records are generally less accessible for privacy reasons and because the information is stored by different public entities.

How Can Arrest Records Be Accessed in Tennessee?

The Tennessee Public Records Act allows most individuals to access arrest records in the state. These records may be accessed through various channels depending on preference. Despite the fact that these records are open to the public though, there are circumstances where viewing would be restricted to the public. For example, scenarios with ongoing criminal investigations are inaccessible to the broader public.

Similarly, arrest records with juveniles or domestic violence cases are not usually accessible to the public because of privacy reasons. The only individuals with access to these records in these cases are those named on the record, such as parents, spouses, law enforcement, and legal representatives. Certain employers within the security or healthcare sector may also have access to these records because they generally use them to perform background checks during the hiring process. For the vast majority of publicly available records, they may be accessed in the following ways.

Tennessee Bureau of Investigation

The organization maintains arrest and criminal records on behalf of state residents, so it would be the prime option for individuals who want a central database.

Online Requests

• Visit the Tennessee Bureau of Investigation website.
• Go to the section on background checks or records. This will yield access to criminal history.
• Utilize the Tennessee Criminal History Information Portal, which allows people to request criminal background checks. Create an account with the platform and log in.
• Issue a request for arrest records and provide the identification information of the person whose records are being sought.
• Pay the fees for the records request, which is $29 on the platform.

In-person Requests

• Go to the TBI headquarters in Nashville.
• Arrive with the required documentation for the request, which includes the subject's full name, dates of birth, and Social Security numbers.
• Complete the required form for the request as guided by staff and provide proof of identification to establish the validity of the record request.
• Pay the fee for the record request.

Local Law Enforcement Agencies or Police Departments

Records may also be obtained from the police department. Some departments have web pages that publish information on recent arrests so the public can access it. Others require interested parties to go there in person and request it. Requesters must provide their identification along with the party whose record is being requested. They may also have to pay for the record on a page basis. Official documentation typically costs more than regular printed ones.

County Clerk Offices

The county clerk's office in every county also handles arrest records. Parties may contact their offices to obtain information. However, arrest records in these offices are most likely accessed in person rather than online. That is, by heading to their offices, filling out the required forms, and paying the mandated fee for arrest record checks, which depends on the specific county.

How Long Will an Arrest Report Stay on Your Tennessee Records?

Tennessee arrest records typically remain within a person's record until they are eligible for it to be expunged. Even then, the individual must request that the arrest record be sealed or expunged. In these cases, there are specific scenarios where record sealing or expunging is allowed. For example, a severe felony like murder, sexual assault, or even DUI cannot be expunged.

Can You Expunge Your Arrest Records in Tennessee?

Arrest records may be expunged in Tennessee, provided the requester fulfills particular requirements. That is, the arrest charges were for a misdemeanor or a nonviolent offense. Even if they were charged and convicted of the offense, they are ineligible to have the record expunged. Someone is also eligible if they have not been previously granted expungement for another arrest charge under the same law or if it has been at least five years since completing their sentence for a convicted offense.

If one qualifies to have their arrest records expunged, having fulfilled the criteria indicated, they will need to file for expungement in the courts where the charge was filed. There are steps one can take for charges that have been nullified or dismissed.

• The first thing to do is file a request with the courts where the case originated. Confirm with the court clerk because there may be a need to fill out separate forms for every charge.
• Determine the charges which qualify for expungements and file the information with the court clerk. The requester does not have to be present in court for this part of the process.
• Requesters may get a copy of the expungement and bring a self-addressed envelope for each charge they want deleted.
• Ask the courts for a certified copy of the orders to expunge the record and a certified copy of the documentation.
• The required paperwork should be sent to the magistrate and other relevant agencies to complete the expunging of the arrest record.
• The entire process takes between 30 and 60 days, provided eligibility is met, and costs $100 for each charge.

Is Citizen's Arrest Legal in Tennessee?

According to Tennessee Code 40-7-109, arrest by private citizens is allowed under certain circumstances. That is when a person commits a public offense, such as disturbing the peace or committing a felony when the arresting individual is present. A private citizen's arrest may also be made if the suspect has committed a felony and the arresting person has probable cause to believe that a crime has been committed. Note that it does not apply to persons with an outstanding warrant because only licensed law enforcement personnel are allowed to execute warrants on people.

Citizens' arrests cannot be made if the person has committed a misdemeanor, though. Similarly, a person making a citizen's arrest cannot delay after they have taken the offender into custody. They have to take them to a law enforcement officer, the police department, or a magistrate, who will then ascertain probable cause.

Those making a citizen's arrest in the state may only use the reasonable amount of force required to accomplish the arrest. People making the arrest cannot use deadly force or make threats unless it is in self-defense or when defending another party. This reduces the potential of legal liability via criminal charges against the person making the arrest.

Individuals making a citizen's arrest have to comply with the Fourth Amendment search and seizure requirements. These protect an individual's privacy and rights to be free from government intrusion.

How to Look Up Arrest Warrants in Tennessee

A warrant for a person's arrest is issued when there is suspicion they have engaged in criminal activities. The expiration time depends on the warrant, as some expire after a few days while others remain active for five years. Others remain active until the party resolves the reason for the warrant or when the court recalls it. Active warrants in the state may be searched by either checking the individual's criminal record or requesting them from the local police department.

Criminal records also typically have information on open warrants available from the Tennessee's Bureau of Investigation. The TBI generally allows parties to handle personal background checks, including arrest warrants. These checks may be done online for $29. Warrant checks may also be implemented from local police department web pages. County sheriff's offices like Hamilton also provide a platform where users may search warrant information. They will be required to provide names, warrant numbers, and addresses. Alternatively, parties may contact the court clerk in the county where the warrant would have been issued to determine if there are active ones.