Tennessee criminal records are official documents containing the history of criminal activities of individuals who have had some altercations with the state's criminal justice system. These records typically document every contact a person has made with law enforcement agencies and courts, and they often detail the alleged crimes, arrest information, guilty pleas, and convictions. Even an arrest can appear on a person's criminal record who was not convicted of their alleged crime. The state's central repository of criminal history information is the Tennessee Bureau of Investigation (TBI). The TBI's Criminal Justice Information System Division (CJIS) maintains and disseminates certain information relating to criminals, crimes, and criminal activities for the benefit of local and criminal justice agencies. The TBI also provides public access to Tennessee criminal history information, otherwise known as criminal records.
In Tennessee, employers may require criminal background checks on prospective employees during the hiring process. Individuals' criminal history record information has now become an integral part of the employment process and is routinely used by many private employers. Similarly, Tennessee criminal records are used by judges to determine a person's sentence for an offense if they had previously committed other criminal offenses. Another common use of criminal records in the state is for housing purposes. A person may be excluded from a public housing program because of their criminal record.
Tennessee's RAP sheet is created by state and local criminal justice agencies, including law enforcement and the courts. The following information/data are contained in a typical Tennessee criminal record:
Yes. According to the state's Public Records Act, Tennessee criminal records are public records and can be accessed by anyone, including the record owners and public or private agencies. However, some information in a person's criminal record may be sealed or restricted, particularly certain sensitive information, details about juvenile criminal offenses, and expunged criminal convictions. According to the Open Records Act, all public records, which include the state's criminal records, are open for inspection to any Tennessee citizen, except as otherwise provided by law. Although only the citizens of the state have the right to inspect and obtain copies of criminal records under the Tennessee Public Records Act, government agencies may make them available to non-Tennessee citizens.
The Tennessee Bureau of Investigation (TBI) is responsible for disseminating information about individuals' criminal histories to interested members of the public. Criminal records in the state can be accessed either online or by mail.
The TBI manages the Open Records Information Services (TORIS), which allows public access to the state's criminal history information through a name-based check. When a third party requests a criminal record on another person using this service, the results will show whether or not a Tennessee criminal record exists for that person. If there is any, the TBI will send the requester a copy of the criminal record, typically a PDF document. Conducting a name-based Tennessee criminal record search online costs a non-refundable $29 fee per request. This fee can be paid using a credit card; the TBI accepts Mastercard, VISA, and Discover.
A person's criminal history information can also be obtained by completing the Tennessee Criminal History Information Request Form and mailing it to the TBI at:
Tennessee Bureau of Investigation - TORIS Unit
901 R.S. Gass Blvd.
Nashville, TN 37216
TBI's searches are conducted based on the information filled out in the Criminal History Information Request Form. As such, the accuracy of the information provided in the form is essential. As with an online request, the TBI charges requesters a $29 processing fee for each requested criminal record. The fee can be paid with a cashier's check, money order, credit card, business check, or personal check. Unless for requests paid with personal checks, the results of criminal records requested by mail are typically ready and sent to the requesters within 3 to 5 business days. For payment with a personal check, the TBI will withhold the results until the bank clears the check, which may take between 7 to 10 days.
Note that the TBI will not include juvenile information on a Tennessee criminal record search report unless the juvenile was transferred to a criminal court as an adult, in line with Tenn. Code Ann, Section 37-1-134.
Information about Tennessee sex offenders can be accessed via the Sex Offender Registry, a registry maintained by the state's Bureau of Investigation. The registry contains details of individuals convicted of sexual crimes in Tennessee. To search for their information, an interested person must provide the offender's name, county, city, zip code, offender ID, registry status, alias, or offender classification. Alternatively, anyone can obtain a sex offender record in Tennessee by calling or visiting the county sheriff's office in the country where the offender resides.
The Tennessee Department of Corrections maintains an Offender Information Search Portal that allows interested individuals to find records of inmates in the state. This search can be done by the offender's name, ID, or location. The search result typically contains the inmate's basic information, like age, gender, race, and current location. To look up records of inmates confined in Tennessee county jails, contact the county sheriff's departments in person or by phone. Most counties in the state manage online databases where any member of the public can view information about inmates housed in their county jail.
The most severe crime classifications, which are punishable by more than one year of jail time in a state prison or the death penalty in certain cases, are considered felonies in Tennessee. Most felonies in Tennessee are violent. The state broadly categorizes felonies into five classes, Class A to E, A being the most severe and E the mildest. Tennessee's classification of felonies and common examples of criminal offenses under each class are listed below:
The only felony offense with the possibility of the death penalty in Tennessee is first-degree murder. Where the jury is lenient, they may sentence the offender to life imprisonment with or without the possibility of parole. The following are the penalties for each class of felony in Tennessee:
In Tennessee, repeat offenders of violent crimes and criminal gang offenders risk enhanced felony punishments. Individuals convicted of a criminal gang offense can be punished by enhanced penalties that are one or two classifications higher than the offense's original classification. Under Tennessee's repeat violent offender law, a person who commits a third violent criminal offense can be sentenced to life imprisonment without the possibility of parole. Besides the statutory penalties, a person convicted of a felony in the state may lose the right to vote, federal funding for a college education, and the right to bear firearms.
The criminal offenses that carry jail terms of less than one year in Tennessee are considered misdemeanors. They are less serious offenses than felonies and are classified as Class A, B, and C misdemeanors. Common examples of offenses, which are often non-violent crimes under each class of misdemeanor in the state, are listed below:
The penalties for Tennessee misdemeanors are classified by their class and are discussed below:
Sometimes, the penalties for a misdemeanor conviction in Tennessee may include probation and community service. In addition, some misdemeanor crimes, such as theft and assault, can carry felony penalties when the degree of harm to the victims or property increases. Also, state law recommends enhanced felony punishments for individuals convicted of repeat misdemeanors. For example, someone who commits a stalking offense for a second time may have their crime upgraded from a misdemeanor to a Class E felony. In this case, the offended faces the standard penalties for Class E felonies. If that offense involves the same victim as the first offense, the offender risks Class C felony charges and associated penalties.
A person's criminal record or conviction in Tennessee can remain in their background report indefinitely unless it is expunged. This applies to both felony and misdemeanor convictions in the state. This means that unless a conviction is expunged, anyone who requests an individual's background report will find that criminal conviction in the report. However, per Tenn. Code, Section 40-32-101, not all criminal convictions can be expunged in Tennessee, and no matter what the record owner does, such convictions will always appear on their background report. These include sex crimes, severe felonies, and some types of Driving Under the Influence (DUI) convictions.
Under Tennessee law, criminal records may only be expunged, not sealed. However, not all convictions for criminal offenses can be expunged in the state. Expungement, also called expunction in Tennessee, is a process of removing a charge or charges from a person's criminal record. This process is, however, not automatic. It must be filed by eligible persons with qualifying criminal convictions. Generally, only convictions for misdemeanors and certain non-violent felonies are eligible for expungement under Tennessee law. For instance, criminal cases where the use of firearms was not involved, non-sexual offenses in which the offenders are not required to register as sex offenders, and felony offenses that do not involve violence may qualify for expungement in the state.
Generally, criminal charges that were nolle prosequi, dismissed, verdict of not guilty, or not true bill qualify for expungement at no cost to the defendant. An individual may only apply for a criminal record expunction in Tennessee after completing their sentence. Anyone who qualifies for a criminal record expungement in the state must file for it at the court in the county where the matter originated. Most counties in Tennessee have dedicated Expungement of Criminal Offender Record Forms, so it is best to obtain them from the county courts. Certain information about the case will be required to petition for an expungement. So, anyone who does not have key details about their case can obtain a copy of their record from the court clerk.
Individuals with charges marked as nollied or dismissed in Tennessee should file the expungement request with the court using the appropriate form provided by the court and specify the charges eligible for expunction. They should include a self-addressed envelope for each charge they want expunged if they need a certified copy of the expungement. Once this is done, the court clerk will send the paperwork to the judge and then forward it to the appropriate agencies for expunction. Where a charge was retired, the record owner must request it be dismissed to enable them to have it expunged. For a charge dismissed with costs, the record subject must settle the costs owed to the court before they can have their criminal record expunged.
A conviction expungement (typically for Class E felonies and misdemeanors) is processed by the office of the District Attorney (DA) in the county where the defendant was arrested. The record owner should obtain a conviction expungement packet from the DA office, complete the required fields, and submit the form. Expunging a criminal conviction in Tennessee costs $100.
Generally, once the court completes a criminal record expungement in the state, the expungement order is forwarded to several agencies, including the county jail, the arresting agency, the state's Bureau of Investigation (TDI), and the Department of Correction. Each agency will activate its internal procedure to expunge the charges against the record holder and remove them from the relevant criminal record or offenses databases. Once this is done, the record-holder's dismissal, conviction, or acquittal is erased, and they can legally deny ever being arrested or convicted of such expunged criminal offenses. The subject of the record is advised to keep a certified copy of the expungement order to enable them to prove the expungement in instances where the expunged charges appear on background checks conducted through private companies. Nonetheless, the criminal or circuit court judge, DA, the clerk of court, and the record-holder/their attorney can still access an expunged criminal record in Tennessee.