Memphis and Shelby County both limit criminal history questions in public hiring. Under Memphis City Code § 3-4-4, the city may not ask about criminal history until an applicant is found otherwise qualified, except for police, fire and emergency medical services jobs. In 2020, Shelby County adopted Ordinance No. 513, which bars county conviction-history questions and background checks until after a contingent job offer. Tennessee law, Tenn. Code § 8-50-112, generally bars state employers from asking about criminal history on the initial application. These rules cover public employers, not private companies.
Most private employers and landlords in the metro use background and tenant screening companies. The FCRA requires those companies to follow reasonable procedures for accuracy (15 U.S.C. 1681e(b)). Reports can still go wrong. They may list a dismissed charge as a conviction, include an expunged case, merge records of two people with similar names, or show an eviction filing without its outcome. For most reports, arrests and other non-conviction records older than seven years may not be reported (15 U.S.C. 1681c). Before an employer acts on a report, it must give the applicant a copy and a summary of rights (15 U.S.C. 1681b(b)(3)).
Federal FCRA cases are filed in the Western District of Tennessee in Memphis for Shelby, Tipton and Fayette counties, in the Northern District of Mississippi for DeSoto and nearby counties, and in the Eastern District of Arkansas for Crittenden County.
Where Memphis FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Memphis are heard in 3 federal districts:
- Western District of TennesseeShelby, Tipton and Fayette counties in Tennessee (Western Division). Courthouses: Memphis.Filed with local or cooperating counsel
- Northern District of MississippiDeSoto, Marshall, Tate, Tunica and Benton counties in Mississippi (Oxford Division). Courthouses: Oxford.Filed with local or cooperating counsel
- Eastern District of ArkansasCrittenden County, Arkansas (Delta Division). Courthouses: Helena.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.
Local and state rules in Memphis
- City of Memphis ban-the-box ordinance (Memphis City Code § 3-4-4 (Ord. No. 5363, June 22, 2010))
The City of Memphis may not ask about an applicant's criminal history until it has found the applicant otherwise qualified, and city applications may not include a conviction question. Police, fire and emergency medical services positions are excluded. After a conditional offer, the city must give written notice of the conviction history check, and an applicant facing a withdrawn offer gets a copy of the report and ten business days to rebut it. Read it - Shelby County ban-the-box ordinance (Shelby County Code §§ 14-166 to 14-178 (Ord. No. 513, adopted July 27, 2020))
Shelby County Government may not ask about conviction history or run a background check until after a contingent job offer, and may not use arrests without a conviction, sealed, dismissed or expunged records, or juvenile records. Only convictions substantially related to the job may be considered, and the applicant gets notice, a copy of the report and at least ten business days to respond. The Sheriff's Office, Trustee's Office and Division of Corrections are excluded, and county vendors are encouraged, but not required, to follow similar practices. Read it - Tennessee ban-the-box law for state employers (Tenn. Code Ann. § 8-50-112)
Tennessee state employers generally may not ask about an applicant's criminal history on the initial application form. They may ask after the initial screening of applications, subject to exceptions for certain positions. Read it
State laws also apply: see Background Check Error Lawsuits in Arkansas and Background Check Error Lawsuits in Mississippi and Background Check Error Lawsuits in Tennessee.
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 the Memphis ban-the-box rule apply to private employers?
No. Memphis City Code § 3-4-4 covers hiring by the City of Memphis, and Shelby County's 2020 ordinance covers county jobs. Private employers are not bound by those rules. They must still follow the FCRA when they use a background check company.
My Shelby County record was expunged but still showed up on a background check. What can I do?
You can dispute the record with the background check company, which must reinvestigate. Reporting an expunged case may be inaccurate. If the company did not use reasonable procedures to keep its records current, you may have a claim under the FCRA.
An Olive Branch landlord turned me down over an eviction case I won. Is that covered by the FCRA?
It can be. A tenant screening report that lists an eviction filing without showing that the tenant won may be misleading. You can request your file from the screening company and dispute the entry. A federal case from DeSoto County would generally be filed in the Northern District of Mississippi.
How long do I have to file an FCRA lawsuit in Memphis?
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
- U.S. Census Bureau, Metropolitan and Micropolitan Statistical Areas Population Totals (Vintage 2025)
- U.S. District Court for the Western District of Tennessee
- U.S. District Court for the Northern District of Mississippi
- U.S. District Court for the Eastern District of Arkansas, Realignment of divisions
- 28 U.S.C. 123 (Tennessee judicial districts)
- 28 U.S.C. 104 (Mississippi judicial districts)
- 28 U.S.C. 83 (Arkansas judicial districts)
- Megan McKenzie Reed, Banning the Box (University of Memphis Law Review, 2016), discussing Memphis City Code § 3-4-4 and Tenn. Code § 8-50-112
- Daily Memphian, County Commission to take final vote on ban the box (July 2020)
- Shelby County Code, Ch. 14, Art. VI, hiring practices for those with arrest and conviction records (Municode)
- 15 U.S.C. 1681e (accuracy of consumer reports)
- 15 U.S.C. 1681p (jurisdiction and time limits)
- Memphis City Code § 3-4-4, discrimination in hiring persons previously convicted (Municode)
Updated November 2026. This page is general information, not legal advice.