Tennessee Arrest Records Search

What is Considered an Arrest in Tennessee?

In Tennessee, an arrest generally occurs when law enforcement takes an individual suspected to have committed a crime into custody, and the person is no longer free to leave. According to Section 40-7-101 of the state's Code Annotated, an arrest can be made by a law enforcement officer with or without a warrant and by a private person under certain circumstances. In Tennessee, a law enforcement officer can make a warrantless arrest on several grounds, typically including the following, as stipulated in Section 40-7-103 of the state's Code Annotated:

• A person has committed a felony, although not in the presence of the officer.
• When someone commits a public offense or a breach of peace is threatened in the officer's presence.
• A person has indeed committed a felony offense, and the officer has reasonable cause to believe that the suspect being arrested committed the felony offense.
• Someone is attempting to commit suicide.
• The officer has probable reason to believe that an individual has committed the offense of stalking, as prohibited by Section 39-17-315 of the Tennessee Annotated Code.

Common offenses for which law enforcement officers make arrests in Tennessee typically include the following:

• Felony vandalism
• Felony shoplifting
• False fire alarms
• Aggravated prostitution
• Possession of a controlled substance with the intent to manufacture, sell, or deliver
• Bearing a weapon on a school property
• Violation of protective orders

Generally, law enforcement officers in Tennessee have considerable discretion in many situations when it comes to making arrests. Even when they decide not to execute an arrest, and that decision hurts a member of the public, they may be protected from liability. However, they are not permitted to use their discretion when it comes to arresting someone who violates a protective order. Arrest is mandatory, with or without a warrant, in this situation. Per Section 36-3-611 of the Tennessee Annotated Code, an officer may arrest a person for violating an order or protection if there is reasonable cause to believe the respondent is in violation of or has violated a protective order. The officer must also have proper jurisdiction over the location in which the violation happened. In addition, the arresting officer must verify whether a protective order is in effect against the respondent.

To know how arrests work in Tennessee, an understanding of the following aspects of the process is important:

• Control and Custody - Custody is a situation where law enforcement significantly deprives a person of their freedom after being arrested, taking actual physical control. In some situations, custody may mean making the suspect believe, as any reasonable person would be, that they have been deprived of their freedom and are under the control of law enforcement.
• Legal Authority - Section 40-7-101 of the Tennessee Code Annotated authorizes law enforcement officers and private persons to make arrests within the state. As stipulated in Section 40-7-104 of the state's Code Annotated, officers may execute arrests for public offenses any day and at any time.
• Miranda Rights - Miranda rights of arrestees originated from the landmark 1996 Supreme Court suit Miranda v. Arizona. In Tennessee, a law enforcement officer generally must inform an arrestee of their Miranda rights before questioning them while in custody. These rights include the right to remain silent (anything said can and will be used against the arrestee in court) and the right to an attorney (one will be appointed free of charge if the arrestee cannot afford one).
• Restraint and Transport - In Tennessee, a law enforcement officer may restrain a suspect who attempts to resist an arrest. Per Section 40-7-108 of the state's Code Annotated, they may use or threaten to use force that is reasonably necessary to arrest anyone who tries to flee from or resist an arrest. Once they make the arrest, the officer may handcuff the suspect and transport them to custody for booking.
• Booking process - After an arrest, the suspect is taken into custody and booked, a process designed to identify arrestees in custody. During booking, the arrestee's personal information is typically recorded, charges will be documented, and their fingerprints and photographs (mugshots) will be taken. Depending on the circumstance, the suspect may also be subjected to a health screening to ensure they are fit to stay in custody. Typically, suspects are held in custody until their initial court appearance or bail hearing.

Generally, law enforcement may either detain a person or arrest them in a criminal matter, but they are not the same. Detention means holding a person in law enforcement custody for a short time while an officer conducts a quick and brief investigation to find out if the suspect was involved in criminal activity. Unlike detention, when a person is arrested, their freedom is restricted, and they are not free to leave after a period. While an arrest will go on a person's criminal record, detainment will not.

What is Unlawful Arrest in Tennessee?

An unlawful arrest in Tennessee is generally an arrest in which a person is wrongfully taken into custody or against their will without just cause. Per Section 39-13-302 of the state's Annotated Code, anyone, including law enforcement officers, commits an offense of false imprisonment (unlawful arrest) if they knowingly confine another individual unlawfully, ultimately interfering with the person's liberty. Generally, unlawful arrests occur in Tennessee when law enforcement officers or private individuals act or execute arrests beyond or outside the extent of their authority as set by state law.

Below are a few ways in which people may find themselves being unlawfully arrested in Tennessee:

• Lack of Probable Cause - The lack of probable cause may constitute an unlawful arrest in Tennessee. Generally, there has to be a reasonable belief based on evidence or facts that someone has committed a crime before arresting the person.
• Violation of Constitutional Rights - Generally, the Fourth Amendment of the Constitution prohibits government agencies from conducting unreasonable searches or making unreasonable seizures. Hence, arresting anyone in Tennessee without probable cause or warrant is a violation of their constitutional rights and an unlawful arrest.
• Arrest Without a Warrant - While arresting a person without a warrant is generally not illegal in Tennessee per Section 40-7-103 of the state's Code Annotated, such an arrest must be made based on probable cause.
• Racial Profiling and Discrimination - Racial profiling happens when a person is suspected of committing a crime or is being targeted for arrest based on their race, national origin, religion, or race. Any arrest made by law enforcement based on racial profiling and discrimination rather than on legal authority in Tennessee is a violation of the arrestee's right, hence an unlawful arrest.
• Mistaken Identity - When someone is apprehended in an arrest intended for another person, it may be a case of mistaken identity and a typical type of unlawful arrest. This may happen when law enforcement officers arrest individuals whose names are identical to those they intend to arrest.
• Procedural violation - In Tennessee, any arrest that violates the set rules or procedures in the state's Criminal Procedure (Title 40 of the Tennessee Code) is generally considered an unlawful arrest.
• Malicious Actions - It is unlawful for a law enforcement officer to arrest any individual for malicious actions. For instance, arresting a person for vengeful or personal purposes is malicious, and it is a type of unlawful arrest, as it is not based on legal authority.

Generally, a person subjected to an unlawful arrest may suffer reputational damage, lost opportunities, and substantial financial burdens, which may lead to a lawsuit. Anyone who is wrongfully arrested in Tennessee may pursue legal recourse to hold the arresting officer and agency responsible for damages. Depending on the situation, they may sue law enforcement to compensate for all the physical and emotional stress they put them through as a result of the unlawful arrest.

Are Arrest Records Public in Tennessee?

Yes, Tennessee arrest records are generally public records. Per Section 10-7-503 of the state's Code Annotated, all state, county, and municipal records, including arrest records, are open for public inspection unless otherwise provided by Tennessee law. A typical Tennessee arrest record includes information such as the name, address, and birthdate of the record holder, the date and location of arrest, and physical descriptors such as weight, sex, hair color, birthmarks, tattoos, and scars. It will also include the arrestee's fingerprints, mugshots, criminal charges filed, incident description, bail details, and interrogation details. In Tennessee, charges that may appear on a person's arrest record include a misdemeanor, a felony, or an infraction.

Details of Tennessee arrest records typically accessible to the public may include the arrestee's non-confidential personal information, charges filed, physical descriptors, bail information, and crime classification. Others are typically the date of arrest, location of arrest, court date (if any), description of the incident, details of the arresting law enforcement agency, and photographs (mugshots).

While most Tennessee arrest records and embedded information are considered public, state law exempts some from public disclosure. In other instances, some records are sealed or expunged to restrict public access. Generally, the following arrest records/information are not open to public disclosure in Tennessee:

• Juvenile arrest records
• Sealed arrest records
• Victim's names
• Law enforcement body cam footage, particularly those captured from inside private homes and are not part of an investigation
• Sensitive personally identifying information
• Arrest or investigative reports of matters not yet disposed of in court

What are the Types of Arrest Records in Tennessee?

In Tennessee, arrest records are available at the local (county or city) and the state level. Generally, the county sheriff's offices and police departments in the municipalities maintain records of all arrests executed within their jurisdictions. These are referred to as local-level arrest records, and most are accessible to members of the public. Local-level arrest records in Tennessee are typically created during the booking process after suspects are arrested and kept in custody. They are generated by the specific local law enforcement agency that makes such arrests, typically municipal police departments and county sheriff's offices.

State-level arrest records in Tennessee are generally a part of the state's criminal records, which are typically gathered and maintained by the state's Bureau of Investigation (TBI). To access a state-level arrest record in Tennessee, interested persons may have to obtain the associated criminal history information.

Where are Arrest Records Kept in Tennessee?

Tennessee arrest records are generally kept and managed by multiple government agencies at the state and local levels. While many of such records are available in paper documents, some are maintained in electronic formats by some agencies for ease of access by members of the public. In addition, while some agencies may have complete arrest reports for certain records, some may have incomplete or basic details of the records. Generally, anyone looking to obtain a Tennessee arrest record may find it from any of the following government agencies:

• Local Law Enforcement Agencies - All Tennessee's county sheriff's offices and local police departments maintain arrest records for all arrests made by their officers and within their jurisdictions. Such arrest records typically contain mugshots, details of the arrest, incident reports, and bail information.
• Tennessee Bureau of Investigation - The Tennessee Bureau of Investigation (TBI), through its Criminal Investigative Division (CID), works alongside local police departments and collects and maintains records of arrests made by local police departments for anyone who may want to access them at the state level. Records of Tennessee arrests maintained by the TBI are typically kept as part of the state's criminal records.
• Tennessee Courts - Tennessee courts, particularly the Circuit Courts, maintain records of criminal cases heard in their jurisdictions. These criminal records usually contain records of arrests leading to such lawsuits.
• Federal Agencies - Agencies like the Federal Bureau of Investigation (FBI) maintain certain information relating to criminals and criminal activities, typically including arrest records, provided to it by the Tennessee Criminal Justice Information Services Division (CJIS). However, most federal agencies do not provide copies of arrest records to persons other than the record holders.
• Tennessee Department of Correction - The state's Department of Correction has inmates' arrest information/records on its file. They are usually a part of the agency's incarceration records.

How To Find Public Arrest Records in Tennessee

While Tennessee arrest records may be obtained through several ways, it is important for a person first to identify which agency has their record of interest on file. Afterward, they must have certain details about the record, such as the arrestee's name, arrest date/year, date of birth, and other relevant information to help facilitate their search. Regardless of where arrest records are kept or maintained in Tennessee, requesters will largely be able to submit their requests in person, by mail, or online. Also, requesters may be required to pay certain fees for processing and obtaining copies of arrest records in the state.

Interested persons may find and obtain Tennessee arrest records through any of the following means:

• Local Police Departments and County Sheriff's Offices - Local enforcement agencies are generally a great source of arrest records for arrests executed within their jurisdictions. Anyone interested in obtaining such records may submit their requests in person or by mail, depending on the agency's preference. In most cases, these two options are available to requesters. However, it is important to contact a law enforcement agency to learn about the process of finding arrest records in their custody before submitting a request. Some local law enforcement agencies also maintain online databases containing arrest records or information for recent arrests made in their jurisdiction. Such databases are usually accessible to the public and provide a quick means of finding information about recent arrests made at the local level.

• Tennessee Bureau of Investigation (TBI) - The TBI is the state's central repository for criminal history information. In addition to being a central repository, the TBI disseminates criminal history records upon request. Interested persons may find Tennessee arrest records using the state's Open Records Information Services (TORI). It costs a non-refundable $29 to request criminal history information in the state using TORI. Criminal records maintained and disseminated by the TBI contain felony and misdemeanor arrests based solely on fingerprint submission by the arresting law enforcement agencies. However, unless a juvenile was transferred as an adult to criminal court as stipulated by Section 37-1-134 of the state's Code Annotated, juvenile arrest information is typically excluded from criminal history records in Tennessee.

Alternatively, a completed Tennessee Criminal History Information Form may be used to obtain a person's criminal history, hence, arrest records, from the TBI. However, a requester must enter accurate information on this form, as the TBI will conduct searches based on the information provided. The completed form and applicable fee should be submitted to the TBI at:

• Tennessee Courts - Several of the criminal case records held by circuit courts in Tennessee typically contain arrest information and details. Individuals interested in obtaining such records may contact the clerk of the court who maintains them either in person or by mail. Some court clerks maintain online databases where interested persons may find records of criminal cases, typically including arrest information.
• Third-Party Online Services - Third-party online websites like RecordsFinder generally provide convenient means of obtaining Tennessee arrest records. They typically have access to extensive databases and advanced search tools. However, while these sites may be trustworthy, information obtained using their services may not be completely accurate as they are not run by government agencies.

How Long Do Arrests Stay on the Record in Tennessee?

Unless expunged by a court, a person's arrest record will stay on their criminal record or any other record indefinitely. Typically, these records will remain publicly accessible to potential landlords and employers through background checks or upon requests from the custodians. When this happens, the subject of an arrest record may find it hard to get conducive housing or a new job.

How To Seal or Expunge an Arrest Record in Tennessee

While Tennessee does not seal arrest records, anyone who wants their arrest records removed from public view may file for expungement. Arrest record expungement in the state is the process of removing arrest charges from criminal records, which is not automatic. The expungement process in Tennessee is generally referred to as expunction. Per Section 40-32-101 of the state's Code Annotated, a person whose charges were dismissed, no true bill, nolle prosequi, or tried but not found guilty may have such charges expunged in the state at no cost to them.

Arrest charges that were on judicial or pretrial diversion may also qualify for expunction, but they are subject to clerk fees. Similarly, someone who has a conviction for a Class E felony or a misdemeanor in Tennessee may have their charges expunged. Also known as G expungement in the state, a conviction expungement is typically processed by the District Attorney's office in the county where a person was arrested. In Tennessee, eligible persons may only apply for the expungement of convictions after completing their sentence. Typically, the waiting period starts from the most recent date, such as the date of sentence completion, date of conviction, date of parole or probation completion, or the date or final payment of restitution. The waiting period is 5 years after the completion of a sentence for misdemeanors and may be up to 10 years for certain non-violent felonies.

Any eligible person who intends to have their arrest record expunged in Tennessee must begin the process on the local level at the court in the county where the arrest was executed. Generally, most District Attorneys have prepared packets in their offices containing information that may help anyone file for arrest record expungement in court. However, the clerk of the court will provide a petition form if the petitioner cannot get one from the District Attorney's office. After completing the given petition form, the petitioner should file it with the clerk of court and pay the required fees (for applicable cases). The court will notify the District Attorney and any victims associated with the case whose petitioner seeks the expunction of its arrest records.

If the District Attorney or victim objects to the petition, a court hearing will be scheduled where the judge will review the expungement petition and arguments presented. Generally, based on the available facts and the petitioner's eligibility, the judge has the discretion to either grant or deny a person's request for arrest record expunction in Tennessee. The judge will issue an order to officially expunge the petitioner's arrest record if it grants their petition. Afterward, the expunction order is sent to various government agencies, including the arresting agency, the Tennessee Department of Correction, the county jail, and the state's Bureau of Investigation. Each agency will then activate its internal procedure to expunge the arrest charges listed in the petitioner's request.

Each agency technically deletes arrest charges from the paper or electronic fingerprint cards, making them inaccessible to the public. However, law enforcement and certain government agencies may still access expunged arrest charges. After the expungement process, the petitioner must keep a certified copy of the expunction order, which is proof that the expungement is valid.

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