Nashville Background Checks: An Employer’s Guide [2025]

Nashville employers must ensure prospective hires are trustworthy, reliable, and qualified to protect their current employees, customers, and brand.

Thorough background checks enable companies to make better hiring decisions by investigating the information applicants report on their resumes and applications.

At iprospectcheck, we routinely conduct background checks for employers in Nashville, Tennessee, the counties of Davidson, Williamson, and Rutherford, and throughout the state.

This guide provides an overview for employers of what’s involved in pre-employment background checks, relevant state and federal laws, and steps to ensure compliance.

What is a Nashville Background Check?

Employment background checks conducted in Nashville examine a candidate’s criminal record, education, employment history, and other details to evaluate their trustworthiness and qualifications for an employer’s open positions.

These checks help employers make informed hiring decisions and protect their current staff, customers, and reputation.

Why Do Nashville Employers Conduct Background Checks?

Employers in Nashville conduct background checks for multiple reasons, including:

1. Protect Workplace Safety

Nashville employers must comply with safety regulations and laws enforced by the Occupational Safety and Health Administration (OSHA) and others.

Pre-employment background checks show whether an applicant has a history that indicates a potential safety risk or shows a disregard for safety regulations at past jobs.

2. Ensure Fairness in Hiring

Uniform background check procedures prevent unconscious bias in hiring and ensure all applicants are evaluated fairly based on their qualifications rather than prohibited factors.

3. Ensure Regulatory Compliance

Employers in certain industries in Tennessee must perform thorough background checks to comply with state or federal regulations.

For example, agencies serving vulnerable populations, including children, the elderly, and disabled people, must comply with Tennessee’s law requiring criminal background, sex offender registry, and abuse and neglect registry checks when hiring employees or volunteers.

Companies regulated by the U.S. Department of Transportation must complete DOT background checks and DOT drug tests when hiring people for safety-sensitive jobs.

4. Reduce Negligent Hiring Liability Risks

When employers hire people who subsequently harm others while performing their jobs, they can be held directly liable for negligent hiring if they failed to conduct background checks that would have demonstrated the negligent employee’s lack of qualifications and potential risk.

Background checks help employers identify unsafe candidates and reduce the risk of negligent hiring liability.

5. Build Client Confidence

Protecting sensitive information is a key factor in building trust in your company.

When you demonstrate you take steps in the hiring process by performing background checks to ensure your employees are safe and will handle sensitive information carefully, your clients and potential customers will feel more confident in working with you.

6. Prevent Reputational Damage

As a Nashville employer, your employees represent your brand when they interact with customers, vendors, and the public.

Thorough background checks help you confirm your candidates have the qualifications necessary to perform their jobs and will represent your brand well instead of causing reputational damage.

What Information Appears on a Background Check?

What appears in a background check report depends on the searches you request. Nashville employers commonly ask for the following:

Criminal History

Criminal background checks for employment reveal the following details about convictions and pending charges:

• Criminal case number
• Offense/arrest date
• Offense type
• Offense severity level (misdemeanor or felony)
• Disposition
• Disposition date
• Sentence (if available)

Expunged convictions cannot be reported under Tennesee law.

Avoid treating a conviction as an automatic bar to employment.

Instead, individually assess a conviction concerning the job’s duties and responsibilities and workplace safety before deciding not to hire an applicant based on their record.

Employment Verification

Employment verification reports the following details about an applicant’s past jobs:

• Employer names and addresses
• Employment dates with each employer
• Job duties and titles

Verifying a candidate’s claims about employment can help you identify misrepresentations about former roles and job experience or employment gaps the applicant failed to disclose.

Education Verification

Education verification discloses the following information about an applicant’s educational history:

• Names and addresses of schools attended
• Attendance dates at each school
• Degrees or diplomas conferred

Confirming an applicant’s claims about their educational history helps to confirm they have the qualifications needed to perform their job and have been honest in what they reported.

Professional License Verification

Professional license verification releases the following details about a candidate’s professional credentials:

• Professional license validity
• License type
• License number
• License issuance date
• License expiration date
• Suspensions, revocations, or debarments
• Other public sanctions
• License expiration date

Professional license verification is critical for employers hiring for open, credentialed positions to ensure their new hires are fully qualified to perform their jobs.

Identity Verification

An Identity Verification reveals the following information about an:

• Names associated with the candidate
• Date of birth
• Address History

An Identity Verification is a preliminary investigation background check providers perform to confirm an applicant’s identity and identify other areas that should be searched.

Motor Vehicle Records Check

An MVR check reveals the following details about an applicant’s driving record and license:

• Driver’s license number
• License class
• Licenseholder’s full legal name
• Date of birth
• Address
• Issuance date
• Expiration date
• Moving violations
• Major traffic crimes
• Revocations or suspensions

If you’re hiring for jobs requiring driving, an MVR check is critical to ensure the candidate is insurable and safe and to protect against negligent hiring liability.

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a consumer privacy law enforced by the Federal Trade Commission (FTC).

This law controls how consumer reporting agencies (CRAs) like background check companies gather, retain, and report information to third parties, including employers.

It also governs what employers can do with the information they receive on background checks.

Under the FCRA’s seven-year reporting rule, CRAs can’t report the following information when it’s older than seven years for jobs paying annual salaries of less than $75,000:

• Arrests not leading to convictions
• Paid tax liens
• Certain bankruptcies (Chapter 7 – 10 years)
• Debt collections
• Civil lawsuits
• Civil judgments

The seven-year rule doesn’t apply to convictions or jobs paying $75,000 or more.

It also doesn’t restrict CRAs from reporting employment history, education history, professional license information, or other relevant details.

Under the FCRA, employers must notify applicants that they conduct background checks on a standalone form and obtain their consent before initiating them.

When they learn negative information about applicants from background checks, they must complete the FCRA’s adverse action process before making a final decision not to hire them.

Fair Chance to Compete for Jobs Act (FCA)

The Fair Chance to Compete for Jobs Act (FCA) was signed into law in Dec. 2019 by former President Donald Trump and applies to federal agencies and companies that want to secure federal contracts.

Under this law, federal agencies and contractors must wait to inquire about an applicant’s criminal history until after they have extended a contingent job offer.

The FCA prohibits federal agencies from contracting with companies that violate the FCA by inquiring about criminal history earlier in the hiring process.

Title VII of the Civil Rights Act of 1964 (Title VII)

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on an applicant’s or employee’s protected characteristics and applies to all aspects of the employment relationship, including hiring.

The Equal Employment Opportunity Commission (EEOC), the agency that regulates and enforces Title VII, has issued enforcement guidance for how employers should handle criminal records reported in background checks.

If you learn about an applicant’s criminal conviction on a background check report, you must individually assess it as it relates to the job’s duties and workplace safety before deciding against hiring the applicant based on their criminal record.

Tennessee State Laws

Expungement Law

Tennessee has an expungement law found at Tenn. Code Ann. § 40-32-101(g).

Under this law, individuals who have been convicted of one or two eligible felony or misdemeanor offenses can petition the court to have them erased from their criminal records once at least five years have passed since they have completed all terms and conditions of their sentence.

Not all offenses are eligible for expungement, and the court has discretion about whether to grant a petition.

If the court orders a record to be expunged, it will be removed from the individual’s criminal record and can’t be reported by CRAs.

When an employer learns about an expunged record through other means, they can’t consider it when making a hiring decision or risk legal liability.

Ban-the-Box Law

Tennessee passed a statewide ban-the-box law that prohibits public employers from asking about criminal history on applications for state employment.

Restriction on Local Ban-the-Box Laws

In 2016, Tennessee passed SB 2103, which restricts local governments from passing ban-the-box laws that apply to private employers.

Nashville Ban-the-Box Law

As a result of SB 2103, Nashville can’t enact a ban-the-box law that covers private employers.

However, the city does have a ban-the-box ordinance that applies to public employers in the city and prohibits questions about criminal history on job applications other than those for the city’s fire or police departments.

Social Media Privacy Law

Nashville employers must comply with Tennessee’s social media privacy law found at Tenn. Code Ann. § 50-1-1003.

It prohibits employers from asking applicants and employees for their social media information and passwords.

This law also prohibits employers from asking applicants or employees to open their social media accounts in front of the employer or asking to be added to the applicant’s or employee’s social media contact lists.

How to Conduct Employment Background Checks in Nashville, TN

1. Develop an Effective Background Check Policy

Before initiating background checks, develop an effective and comprehensive policy that tracks all legal requirements and includes specific steps for HR staff to follow during the hiring process.

Include details about the searches you perform for positions with different levels of authority.

Make sure your background checks are uniform at each position level to prevent unfairness.

2. Train HR Staff

Schedule in-depth training sessions for all HR staff who will conduct background checks and handle the hiring process.

Train staff about what they should do before, during, and after a background check and the specific steps they must follow to comply with all relevant laws.

3. Follow the Notice and Consent Rules

The FCRA requires you to notify applicants that you conduct background checks clearly and conspicuously on a standalone form without extra information.

before you can begin a check, you must also obtain the applicant’s signed consent.

4. Choose a Reliable Background Check Provider

Partner with a reliable background check company like iprospectcheck that delivers accurate, current, FCRA-compliant reports quickly.

Because of our advanced research methodologies and extensive access to reliable information sources, we can quickly return compliant reports to our clients within a few hours to a couple of days.

5. Time Background Checks Wisely

While Tennessee’s ban-the-box law only applies to public employers, it still makes sense to wait to conduct background checks until later in the hiring process.

Waiting until you have confirmed the applicant is otherwise qualified helps you to save time and resources instead of paying for numerous checks you might not need.

6. Review and Assess Results

When you receive the results of a background check, review them carefully and assess the candidate’s qualifications and fit for the role.

If you are satisfied, contact the applicant and schedule onboarding.

On the other hand, proceed to the following steps if the results raise concerns:

7. Individually Assess Criminal Convictions

If an applicant’s background check reveals a criminal conviction, assess it as it relates to the open position and workplace safety before using it to deny employment.

8. Follow the Adverse Action Process

If you don’t want to hire an applicant based on information you learned from the background check, complete the following adverse action steps:

• Send a pre-adverse action notice to the applicant with a copy of the report that includes the problematic information.
• Give the applicant a reasonable time to respond (typically five business days) to allow them to provide evidence the information is wrong or that they have been rehabilitated.
• Send a final adverse action notice and include a copy of the applicant’s FCRA rights if you ultimately decide against hiring them.

Trust iprospectcheck for Reliable Background Checks in Nashville, TN

In a competitive environment, Nashville employers must make fast hiring decisions and ensure their new hires are qualified, trustworthy, and competent.

Employment background checks enable employers to make better hiring decisions and protect against liability.

With extensive experience, iprospectcheck offers Nashville employers comprehensive, compliant, and timely Tennessee background checks.

Contact us today to learn more about our background checks and receive a free quote: 888-509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.