Criminal Offenses

Plain English Breakdown

The bill does not provide specific details on how consumer reporting agencies should handle pending cases, dismissed charges, diverted cases, or those with a nolle prosequi entered.

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

• Stops consumer reporting agencies from telling employers, landlords, or licensing agencies about arrests or charges that did not lead to a conviction.
• Allows consumer reporting agencies to share information only 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, and licensing agencies
• People with arrest records or charges that did not result in a conviction

Terms To Know

consumer reporting agency

A company that provides background checks for employment, housing, or licensing purposes.

non-conviction record

An arrest or charge that did not result in a conviction.

Limits and Unknowns

• The bill does not specify how long it will take for consumer reporting agencies to remove non-conviction records.
• It is unclear if the bill will affect existing background check reports already shared with employers, landlords, or licensing agencies.
• The bill does not address how consumer reporting agencies should handle cases that are still pending in court.

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

HOUSE BILL 2346
By Harris

SENATE BILL 2628
By Kyle
SB2628
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.