Background checks are part of hiring and renting throughout Middle Tennessee. When a report is wrong, the harm is immediate. Common errors include another person's criminal record matched by name only, expunged cases that still appear, a dismissed charge reported as a conviction, one case listed several times, and eviction filings reported without their outcome. The FCRA requires background and tenant screening companies to use reasonable procedures to make their reports as accurate as possible.
Metro Nashville removed the criminal history question from its own job applications under a Civil Service Commission policy in effect since 2016, but a 2016 state law bars local governments from imposing that kind of rule on private employers. The FCRA gives job applicants specific protections. An employer must tell you in a separate written disclosure that it will get a background report and must have your written permission. Before rejecting you based on the report, it must give you a copy and a summary of your rights so you can point out errors. The screening company must also reinvestigate if you dispute what it reported.
Renters denied a lease because of a screening report should receive a notice naming the screening company, and can request a free copy and dispute errors. Background check cases from the metro are filed in the Middle District of Tennessee, mostly in its Nashville Division, with Maury and Hickman counties in the Columbia Division and Macon and Smith counties in the Northeastern Division.
Where Nashville FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Nashville are heard in one federal district:
- Middle District of TennesseeDavidson, Rutherford, Williamson, Sumner, Wilson, Robertson, Dickson, Cheatham, Cannon and Trousdale counties (Nashville Division); Maury and Hickman counties (Columbia Division); Macon and Smith counties (Northeastern Division, Cookeville). Courthouses: Nashville, Columbia, Cookeville.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 Nashville
- Metro Nashville ban-the-box policy for Metro jobs (Metropolitan Civil Service Commission policy adopted Nov. 10, 2015 (in effect by Jan. 1, 2016))
Removed criminal history questions from applications for Metropolitan Government jobs, with exceptions for police, fire and certain other positions. The selected candidate must still pass a background check before hire. A 2016 Tennessee law bars local governments from requiring private employers or contractors to drop criminal history questions, so this policy covers Metro jobs only. Read it
State law also applies: see 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
My expunged Tennessee record appeared on a background check. Is that allowed?
An expunged record generally should not be reported. You can dispute it with the screening company and send the expungement order. A company that reports expunged records may not be using reasonable procedures, which can support an FCRA claim.
A background check company reported a criminal case that belongs to someone else. What can I do?
You can dispute the report with the company, and it must reinvestigate. Differences in birth date, middle name or address can help show the mix-up. A company that matched the record by name alone may be liable under the FCRA.
An employer ran a background check without asking me first. Is that legal?
Under the FCRA, an employer generally must give you a clear written disclosure, in a document by itself, and get your written authorization before ordering a background report. Failing to do so can violate the FCRA. Keep a copy of anything you signed.
How long do I have to file an FCRA lawsuit in Nashville?
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. Census Bureau, CBSA delineation files and principal cities (July 2023)
- U.S. District Court for the Middle District of Tennessee
- 28 U.S.C. § 123 (Tennessee judicial districts and divisions)
- 15 U.S.C. § 1681e (accuracy procedures)
- 15 U.S.C. § 1681i (reinvestigation of disputes)
- 15 U.S.C. § 1681b (employment disclosure, authorization and pre-adverse action notice)
- 15 U.S.C. § 1681m (adverse action notices)
- 15 U.S.C. §§ 1681n, 1681o (damages)
- 15 U.S.C. § 1681p (where and when to sue)
- National Employment Law Project, Ban the Box: Fair Chance State and Local Guide (Oct. 2021)
- Prison Legal News, Tennessee Enacts Contrary Ban the Box Bills (July 6, 2016)
- Metro Nashville Human Resources, Job Applicant Selection Process
Updated November 2026. This page is general information, not legal advice.