HB2346 • 2026

Criminal Offenses

AN ACT to amend Tennessee Code Annotated, Title 37; Title 38; Title 39; Title 40; Title 47; Title 50; Title 62; Title 66 and Title 71, relative to the Fair Background Check and Due Process Act.

Housing Labor

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Harris, Kyle
Last action: 2026-03-18
Official status: Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee
Effective date: Not listed

Plain English Breakdown

The bill's impact on pending cases and court backlogs is not specified.

Fair Background Check and Due Process Act

This bill stops consumer reporting agencies from sharing arrest or charge information with employers, landlords, or licensing agencies unless the charges are for serious crimes like theft, fraud, financial crimes, murder, violent job-related offenses, or certain types of homicide.

What This Bill Does

Prevents consumer reporting agencies from telling employers, landlords, and licensing agencies about arrests or charges that did not lead to a conviction.
Consumer reporting agencies can only share information if the charge is for serious crimes like theft, fraud, financial crimes, murder, violent job-related offenses, or certain types of homicide.

Who It Names or Affects

Consumer reporting agencies
Employers
Landlords
Licensing agencies

Terms To Know

consumer reporting agency: An organization that provides background checks or reports for employment, housing, or licensing purposes.
non-conviction record: Any arrest, charge, indictment, or criminal case that has not resulted in a conviction.

Limits and Unknowns

The bill does not apply to law enforcement agencies.
It is unclear how this will affect the number of pending cases and court backlogs.

Bill History

2026-03-23 Tennessee General Assembly
Assigned to General Subcommittee of Senate Judiciary Committee
2026-03-18 Tennessee General Assembly
Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee
2026-03-18 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/23/2026
2026-03-11 Tennessee General Assembly
Placed on s/c cal Criminal Justice Subcommittee for 3/18/2026
2026-03-11 Tennessee General Assembly
Action Def. in s/c Criminal Justice Subcommittee to 3/18/2026
2026-03-04 Tennessee General Assembly
Placed on s/c cal Criminal Justice Subcommittee for 3/11/2026
2026-03-04 Tennessee General Assembly
Action Def. in s/c Criminal Justice Subcommittee to 3/11/2026
2026-02-25 Tennessee General Assembly
Placed on s/c cal Criminal Justice Subcommittee for 3/4/2026
2026-02-05 Tennessee General Assembly
Assigned to s/c Criminal Justice Subcommittee
2026-02-05 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-02-04 Tennessee General Assembly
Intro., P1C.
2026-02-02 Tennessee General Assembly
Filed for introduction
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-02-02 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill prohibits a
consumer reporting agency
from
report
ing

any arrest, charge, indictment, or criminal case that has not
resulted in a conviction
to an employer, landlord, or licensing agency unless the charge is an offense
involving theft, fraud, financial crimes, embezzlement, forgery, murder or attempted murder, a
ggravated homicide-related offenses
,
or
v
iolent conduct directly related to job safety
.
A consumer reporting agency
must
only report charges resulting in a guilty verdict or a plea of guilty.
However, this bill does not
prohibit an employer from
(i) conducting
interviews of job candidates
, (ii) a
sking prospectiv
e employees about relevant job-related conduct
,
or

(
iii
)
r
equiring licensing background checks as required by federal law.

Current Bill Text

Read the full stored bill text

SENATE BILL 2628
By Kyle

HOUSE BILL 2346
By Harris
HB2346
011527
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 37;
Title 38; Title 39; Title 40; Title 47; Title 50; Title
62; Title 66 and Title 71, relative to the Fair
Background Check and Due Process Act.

WHEREAS, the General Assembly finds that:
(1) Thousands of Tennesseans are subjected to employment, housing, and
licensing denials based solely on criminal charges that have not resulted in a conviction;
(2) Many cases remain pending for years due to court backlogs, prosecutorial
delays, or administrative issues;
(3) Punishing individuals for unproven allegations violates fundamental
principles of due process and fairness;
(4) Preventing individuals from working before they have been proven guilty
beyond a reasonable doubt increases poverty, homelessness, and recidivism; and
(5) Employers have a legitimate interest in protecting their businesses from
financial and safety risks related to theft, fraud, and job-related offenses; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Fair Background Check and
Due Process Act."
SECTION 2. Tennessee Code Annotated, Title 38, Chapter 6, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Consumer reporting agency" means any organization or entity that
provides or conducts criminal history background checks or criminal history

- 2 - 011527

background reports for purposes of employment, housing, or licensing, but does
not include a law enforcement agency;
(2) "Excluded offense" means an offense involving:
(A) Theft;
(B) Fraud;
(C) Financial crimes;
(D) Embezzlement;
(E) Forgery;
(F) Murder or attempted murder;
(G) Aggravated homicide-related offenses; or
(H) Violent conduct directly related to job safety; and
(3) "Non-conviction record" means any arrest, charge, indictment, or
criminal case that has not resulted in a conviction, and includes cases or charges
that are pending, dismissed, diverted, or for which a nolle prosequi was entered.
(b) A consumer reporting agency shall not report a non-conviction record to an
employer, landlord, or licensing agency unless the charge is an excluded offense. A
consumer reporting agency may only report charges resulting in a guilty verdict or a plea
of guilty.
(c) This section does not prohibit an employer from:
(1) Conducting interviews of job candidates;
(2) Asking prospective employees about relevant job-related conduct; or
(3) Requiring licensing background checks as required by federal law.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.