Background Check Error Lawsuits in Tennessee

Tennessee has no state law that adds to the federal FCRA for background check companies. There is no Tennessee mini-FCRA, no state limit on how far back a screening report can go beyond the federal rules, and no state tenant screening statute. For workers and renters, the federal FCRA is the main tool. Screening companies must follow reasonable procedures for maximum possible accuracy. Employers must get written consent first and must send a copy of the report before taking adverse action based on it.

Tennessee's fair-chance rules are narrow. Tenn. Code Ann. 8-50-112, passed in 2016, bars most state agencies from asking about criminal history on the initial job application. It does not cover private employers. A separate 2016 law barred cities and counties from requiring private employers to ban the box. Tennessee also offers a certificate of employability. A court may grant one after a review of the person's record. An employer that relies on it may have a defense to a negligent hiring claim.

Expunction is the other key state law. Under Tenn. Code Ann. title 40, chapter 32, many dismissed charges and no-billed cases can be expunged at no cost, and some less serious convictions can be expunged by petition. Once a record is expunged, a background check that still reports it may be inaccurate under the FCRA. So may a report that shows a dismissed charge as pending or mixes in another person's record. Those claims can be filed in Tennessee's Eastern, Middle or Western District.

Where Tennessee FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Tennessee are heard in 3 federal districts:

Eastern District of TennesseeCourthouses: Chattanooga, Greeneville, Knoxville, Winchester.Filed with local or cooperating counsel
Middle District of TennesseeCourthouses: Nashville, Columbia, Cookeville.Filed with local or cooperating counsel
Western District of TennesseeCourthouses: Memphis, Jackson.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Tennessee laws that add to the FCRA

State Employment Application Criminal History Rule (Tenn. Code Ann. 8-50-112)
Bars most state government employers from asking about an applicant's criminal history on the initial job application, with exceptions for certain positions. It does not apply to private employers. Read it
Certificate of Employability (Tenn. Code Ann. 40-29-107)
Lets a court, in its discretion, issue a certificate of employability after reviewing a petitioner's criminal history and other evidence. An employer that relies on the certificate may have a defense to certain negligent hiring claims. Read it
Tennessee Expunction Law (Tenn. Code Ann. 40-32-101 et seq.)
Lets people ask a court to expunge records of dismissed charges, no-billed cases and certain eligible convictions. Many dismissed-charge expunctions are free. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

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

No. Tenn. Code Ann. 8-50-112 covers most state agencies only. Private employers in Tennessee may ask about criminal history on an application, but if they use a background check company they must follow the federal FCRA's notice, consent and pre-adverse action rules.

Can a background check report a Tennessee charge that was expunged?

An expunged record should not appear on a current background check. If a screening company reports it, you can dispute it, and the report may be inaccurate under the FCRA. Keep a copy of your expunction order to send with the dispute.

Are there Tennessee rules for tenant screening reports?

Tennessee does not have a separate tenant screening statute. Tenant screening companies are consumer reporting agencies under the federal FCRA. A landlord that denies you because of a report must tell you and identify the company, and you can get a free copy and dispute errors.

How long do I have to file an FCRA lawsuit in Tennessee?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.