Blog

 
     

Tennessee Restricts Reporting of Expunged Records

By Michael Klazema on 4/24/2014

On April 10, 2014, the Tennessee legislature passed House Bill 2048 and prohibiting the reporting of expunged criminal history. The Governor is expected to approve the bill which goes into effect immediately.

House Bill 2048 amends Tennessee Code Annotated, § 40-32-101 which regulates the destruction and release of documents upon dismissal or acquittal of the charge. The bill adds a new subsection as follows:

  • Any private entity that performs criminal background checks shall not report that a person has been convicted of an offense, if the offense has been expunged pursuant to this section.

backgroundchecks.com has reported on other states this year that have passed legislation about expunged records. Employers and educational institutions in North Carolina are prohibited as of December 1, 2013, from requiring an applicant for employment or admission to disclose information about an arrest, criminal charge, or criminal conviction that has been expunged. In Washington state, applicants and employees in assisted living facilities or boarding homes, hospitals, and home care agencies, and other long-term care facilities may be considered for employment if they have one or more convictions for a past offense and the otherwise disqualifying conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure.

Other states, including Florida, Louisiana, and Minnesota have similar bills pending. We will continue to report whenever a state restricts access to or the reporting of criminal records.

Tennessee House Bill 2048 is available for review here: http://www.capitol.tn.gov/Bills/108/Bill/HB2048.pdf.

Our Compliance Update dated February 3, 2014, about North Carolina: http://www.backgroundbiz.com/compliance/complianceupdate_02032014.html.

Our Compliance Update dated February 3, 2014, about Washington: http://www.backgroundbiz.com/compliance/complianceupdate_04142014.html.


Tag Cloud
Categories
Recent Posts

Latest News

  • August 10 Moore Advanced teamed up with backgroundchecks.com to secure the best possible hires. Read more about how this process has assisted them.
  • August 10 An adjudication withheld is a court agreement that doesn’t qualify as a conviction but can make matters confusing for individuals applying for jobs. Should you disclose a withheld adjudication to a prospective employer?
  • August 09 With adults now legally using recreational marijuana in numerous states, and with additional legalization efforts in the wings, expungement of old and minor drug-related convictions is more important than ever.
  • August 07 A West Virginia TV station is pushing the state’s Child Protective Services and Department of Health and Human Services to answer questions about background check policies. A CPS employee was recently charged with contributing to the delinquency of a minor, domestic assault, and threatening a police officer.
  • August 02 Woes continue for ridesharing companies struggling to keep riders safe after a man, illegally in the United States, was arrested and accused of several rapes dating back years.
  • July 31 South Carolina legislators recently passed a new law that will change the language of the state’s expungement policy. The new law will make expungement possible for repeat offenders. The previous law only allowed first offenses to be scrubbed from the public record.
  • July 26

    Hawaii employers have been banned from asking job applicants about their salary history. The new act’s effective date is January 1, 2019, and covers all employers that have at least one employee in that state.

  • July 26

    The expansion of the The North Carolina Certificate of Relief  Law, offers relief to jobseekers. An employer may take into consideration a certificate of relief despite the applicant’s criminal past; however, the certificate is not an expungement or pardon.

  • July 26

    With growing concerns about liability, businesses are transitioning away from one-time background checks in favor of continuous checks. The results are impacting both employers and employees.


  • July 25 Uber is officially launching a new ongoing criminal monitoring policy for drivers. The company started rolling out the new system in early July and will expand it in the months to come.