Tennessee Arrest Records

Are Arrest Records Public in Tennessee?

Yes, arrest records are available to the public in Tennessee. Generally, anyone can obtain public arrest records by submitting a written request to the custodial law enforcement agency. However, if the requested documents fall under one of the nine exemptions provided by the Freedom of Information Act or those specified under the Tennessee Public Records Act, or if a court order seals the records in question, agencies may refuse to provide access to requesters.

What is Considered an Arrest Record in Tennessee?

An arrest record in Tennessee is an official document containing information about people apprehended or cited by law enforcement agents on suspicion of a crime. The record includes information on the incident, the arresting agency, the suspect, and other relevant information.

Arrest records are commonly used in criminal proceedings, as they can substantially impact the outcome of a trial. However, it is essential to note that arrest records do not establish a person's guilt; instead, they serve to document that someone has been previously captured on suspicion of a crime.

In Tennessee, arrest records are deemed public records and are also featured as part of an individual's Tennessee criminal records. Hence, any citizen or resident can view such records by querying the law enforcement agencies that maintain them. Except for a few cases, arrest records in Tennessee are public records. The following records are restricted from public disclosure:

• Juvenile arrest records. Per Tennessee Public Records Act §31-1-187
• Records of individuals who have been arrested but not convicted. Tennessee Public Records Act §10-7-544(bb)
• Student arrest records. Per Tennessee Public Records Act §49-6-4108
• Investigative records. Per Tennessee Public Records Act §71-5-2516(a)

What Shows Up on an Arrest Record in Tennessee?

Tennessee's arrest records contain information about arrests made against citizens of the state. For example:

• The suspect's personal information, including name, age, address, gender, height, weight, race, and birth date.
• Description of the incident
• Fingerprints
• The date and location of the arrest
• Mugshot
• The agency that executed the arrest
• The charges filed
• Crime classification
• Bail information
• Date set for a court appearance
• The arresting officer's information
• Additional warrants that have been issued in the suspect's name
• Details about the police interrogation

Who Can Access Tennessee Arrest Records?

All Tennessee residents have the right to request access to public documents, including arrest information, under the Tennessee Public Records Act. To access an arrest record, the applicant must request it from the entity in charge of maintaining the record. Tennessee allows a maximum of seven days for a response on such inquiries.

However, the state requires those seeking these records to be citizens. As such, out-of-state requests for Tennessee arrest records may be denied immediately. Most government agencies require a state-issued photo ID with a current address before fulfilling a request for public arrest records.

Tennessee Arrest Statistics

The Tennessee Bureau of Investigation (TBI) collects and reports crime data from Tennessee's state and local law enforcement agencies. This data usually constitutes arrest and conviction statistics reported through the Tennessee Incident-Based Reporting System (TIBRS).

TIBRS is a comprehensive system that collects incident-based data on every crime recorded in the state. As a result, the system offers accurate arrest data for Group A offenses (which comprises 54 distinct offenses) and Group B offenses.

According to the TBI's 2019 crime report, the state recorded 334,804 arrests in 2019. Of this total, there were 157,506 arrests for Group A offenses and 177,100 arrests for Group B offenses.

Group A offenses were further categorized by gender, age, and race. Male arrests accounted for 107,502 of the total, while females accounted for 50,004 arrests. The data also revealed that 103,648 arrestees were white, 52,444 arrestees were black or African-American, 557 were Asian, 231 were American-Indian, 79 were Pacific Islander(s), and 547 were unidentified.

Additionally, people within the age range of 25-34 were the most frequently arrested in the state for three consecutive years. They accounted for 48,732 of the total Group A arrests in 2019. Other age groups include:

• 18-24: 33,993 arrests
• 35-44: 33,785 arrests
• 45-54: 17,931 arrests
• 55-64: 7,530 arrests
• 65 and above: 1,563 arrests
• Unknown: 115 arrests

Note that animal cruelty, arson, assault, bribery, burglary, counterfeiting, extortion, fraud, robbery, sex crimes, kidnapping, theft, and weapon law violations are examples of Group A offenses. Bad checks, curfew violations, disorderly conduct, driving under the influence (DUI), nonviolent family offenses, trespass of real property, drunkenness, peeping tom, and liquor law violation are examples of Group B offenses.

The arrest report released by the TBI for 2021 shows that a total of 297,177 arrests were made. The breakdown of this total arrest made are as follows:

• 132,253 persons were arrested for Group A offenses. 10,177 of these offenses were committed by juveniles, which indicates a 7.54% increase in juvenile arrests since 2019.
• 130,333 persons were arrested for Group B offenses, which indicates a 0.97% increase when compared to 2020. Juvenile Group B arrests totalled 4939 people, which indicates a 30.11% rise when compared to 2020.
• A total of 18757 persons were arrested for driving under influence (DUI), which indicates a 3.03% increase from 2020
• 15934 persons were arrested for weapons law violations, which indicates a 21.51% increase from 2020

How Do I Lookup Someone's Arrest Records in Tennessee?

Ordinarily, the physical copy of an arrest record is kept by the law enforcement agency responsible for the arrest, typically a local police department or a county sheriff's department.

In addition to contacting the arresting law enforcement agencies, interested parties can look up Tennessee arrest records through the Tennessee Bureau of Investigation (TBI).

The Tennessee Bureau of Investigation is responsible for maintaining and disseminating records about criminal matters that occurred in the state. The TBI offers adult criminal background checks through Tennessee Open Records Information Services (TORIS). Tennessee criminal history records can also be obtained by mail or fax.

Online searches with TORIS

If the researcher is a commercial applicant who needs to conduct background checks regularly, the party can register for an account on the TORIS site to save time. For one-time search requests, the inquirer will need their credit card information. Upon validation, the party will be redirected to a search page to enter the record holder's first and last names. The subject's race, gender, social security number, and current address can also be provided.

Background checks are $29 for online requests, but a requester can request a fee waiver. The waiver is more likely to be granted by the records custodian when the record's release serves the general public's interest rather than commercial gain.

Unless the information has been deleted, the criminal history will include arrest records, charges brought against the subject, case disposition, the detention facility where the offender is being held, and the date the offender is expected to be released.

More specifically, records obtained from the TBI will contain the following information:

• Offenders name and known aliases
• Offender's date of birth and age
• Race
• Physical descriptors such as height, weight, hair color, and eye color
• Body markings such as tattoos and scars
• Charges filed
• Description of the crime/s
• Convictions
• Court sentence
• Offender's correctional status
• A set of fingerprints
• Photograph

A Tennessee criminal history record can also be obtained by mail for $29. Below is the address:

Tennessee Bureau of Investigation
901 R.S. Gass Boulevard
Nashville, TN 37216
Phone: (615) 744-4000

How to Subpoena Arrest Records in Tennessee

A subpoena is a writ released by the court to force the production of evidence or testimony of a witness. It can also order a government agency to produce and allow the review and duplication of specific documents or electronically stored material. The entity served with the subpoena must be able to affirm that the documents are authentic.

In Tennessee, a subpoena must be issued by a clerk or other authorized court officer, who must sign the document but leave the remainder blank. Before serving the subpoena on the other entity from whom the records are sought, the party requesting the subpoena must fill in the blanks with the required information.

Every subpoena must contain the following information:

• Indicate the name of the court that granted it
• Specify the case title and number
• Instruct the person or entity to whom it is addressed to produce the specified documents

The subpoena must also state in what format the desired papers must be supplied.

Except for emergency, preliminary, and detention hearings, all subpoenas for the production of documents must be served at least ten days before the court hearing unless otherwise stated by law. A subpoena is served by delivering a copy to the person it addresses. Any authorized person who is not a party to the court case can perform the service.

All parties must receive copies of the subpoena, and all documents produced must be made available for examination by all parties.

The court may cancel or amend a subpoena if complying with it would be unjust or burdensome. The court can quash the subpoena if the records custodian can establish that the record is not accessible because of undue burden or cost.

How to Search for an Inmate in the Tennessee Prison System

Conducting an inmate search is the most effective method of finding an inmate in the Tennessee prison system. Inmate searches make it possible to obtain information about the status of individuals incarcerated in a county jail or state prison.

The Tennessee Department of Corrections oversees the state prisons and maintains records of those confined within the facilities. Hence, persons looking for such prisoners can search records provided by the DOC online or contact the facility where the inmate is supervised.

Online inquiries can be carried out via the DOC's inmate search tool. On the site, the inquirer will find three search options:

• Name search
• TOMIS (Tennessee Offender Management Information System) number search
• State identification number search

Once the inquirer has entered the necessary information in the appropriate fields, the party can click on the search button to be directed to the results page. Search results will include:

• The prisoner's full name and TOMIS number
• The inmate's location
• When the inmate's sentence begins and ends
• The inmate's eligibility for parole and hearing dates

How Do I Find Out if Someone Was in Jail in Tennessee

Inmate records contain information about the start of an offender's sentence and prospective release date. As a result, conducting an inmate search can reveal whether or not someone was incarcerated. Typically, the inmate's record can be found in the jail where they were imprisoned.

Additionally, obtaining an inmate's criminal record will provide details about the conviction and imprisonment. These records can be requested from the Tennessee Bureau of Investigation or the state courts.

How to Find Recent Arrests in Tennessee

The record of recent arrests in Tennessee can be obtained either in person or online, depending on the county where the arrest took place. For instance, in Shelby county, the Sheriff’s office is responsible for the maintenance of these records, and anyone interested in obtaining them can do so through the inmate database search that has been provided by the office. The search can be done either by providing the person’s name, or their booking number.

On the other hand, arrest records in Davidson county can be obtained in person at the county’s police department. The search can be done by either visiting the office in person or sending a mail to:

Metro Nashville Police Department
Central Records Division
811 Anderson Lane
Suite 100
Madison, TN 37115

The search may also be conducted online by looking through the Davidson County daily booking list which reflects the bookings in Davidson County for three days at a time.

How Long Do Tennessee Arrest Records Stay on File?

After any arrest in Tennessee, a record will be created in the law enforcement database to keep track of the arrestee. This record will remain on file indefinitely unless erased by a court order.

Are Arrest Reports Public in Tennessee?

An arrest report in Tennessee is a report showing the details of the incidents that took place before, during, and after the crime. The report is used in crime solving because it avoids the hearsay that usually surrounds most cases. Arrest reports are written by the law enforcement agent that carried out the arrest, and they usually contain the witness report, evidence gathered at the scene of the crime, time the crime took place, as well as any other information that the agent finds important.

Arrest reports differ from arrest records in that they are instantaneous and are all about what happened at the moment the crime took place. Also, due to the fact that it is not clearly stated in the state laws, the dissemination of arrest reports in Tennessee is largely done at the discretion of the law enforcement agency.

How to Obtain Arrest Records for Free in Tennessee?

All individuals interested in obtaining copies of arrest records must pay a nominal fee to offset the costs of reproducing the documents. Hence, it is usually not possible to obtain arrest records for free in Tennessee.

However, in some cases, inquirers may review or inspect arrest records without incurring any charges. Basic arrest information can be obtained for free using the arrest record searches available on the websites of state and local law enforcement agencies.

How to Search for a Tennessee Arrest Record Online Using a Third-Party Search Service

The fact that arrest records are deemed public information in Tennessee means that they can be found on government websites and third-party sites as well. Conducting an arrest record search using third-party websites is frequently more convenient because the information is not restricted to records in a specific county or geographical area.

Although the information on third-party websites might serve as a starting point for parties looking for certain records, record availability and completeness may vary. Typically, most search services provide arrest records in exchange for a fee.

To search third-party databases, the requester will usually need to supply basic information about the subject of the records of interest. For example, the record holder's name and location. In some cases, additional information about the record holder may be required to conduct extensive searches and produce streamlined results.

How to Correct an Arrest Record in Tennessee?

An error on a Tennessee criminal record can be fixed if the person who holds the record makes a formal request to the Tennessee Bureau of Investigations (TBI) to have the record corrected. This request will be processed if the record-holder provides fingerprints to verify their identity.

To be fingerprinted, the individual must first schedule an appointment with the police department or county sheriff's office where the record and its inaccuracies originated. The individual must pay the fees that are associated with the process to proceed. Afterward, the party must write a brief letter to TBI highlighting the error and mail it, along with the fingerprint card and $24 in cashier's check or money order, to the address below:

TBI-TORIS
901 R.S. Gass Boulevard
Nashville, TN 37216

Once the request is received, the TBI's Biometrics Services Unit will compare the fingerprints already on file with the new ones that were submitted.

The unit will collaborate with the arresting agency to determine the best course of action, and the applicant will be notified of the review's findings. Individuals who are unhappy with the conclusion should seek the advice of an experienced attorney on what to do next.

Alternatively, if an error on an arrest record cannot be fixed, the record holder may petition the court to expunge the record.

How to Expunge Arrest Records in Tennessee

An expungement is a legal procedure that withdraws certain arrest and convictions records from public examination. In some cases, an expungement will prompt the physical destruction of a record.

An individual seeking the expungement of an arrest record in Tennessee must apply with the court that addressed the case. However, only specific records can be erased in Tennessee, and the record holder must meet certain requirements for that to happen. An individual may be eligible for expungement of their arrest record if:

• Apprehended but the charges were dropped
• Detained but later freed without being charged
• Charged but found not guilty
• A grand jury released a "no true bill" verdict
• A nolle prosequi was issued.

A nolle prosequi, or nolle pros, is a notice that a prosecution has been dropped. It is a non-acquittal discharge that only the Attorney General and the court can grant. On the other hand, a "no true bill" is a grand jury verdict issued when there is no probable cause. It signifies the case has been closed and the charges dropped.

Individuals eligible for expungement must file a petition in the court where the case first arose. Because no two courts work in the same way, the judicial process may differ from one court to another. Nonetheless, the general steps are as follows:

• Obtain a copy of the record from the court clerk (if no copy is in one's possession)
• In the record, criminal charges may be marked "dismissed," "nollied," "with costs," or "retired". For dismissed or nollied charges, the next steps to follow are thus:
  • File an expungement petition in the court where the case originated. If there were several charges, the petitioner might need to fill out a different application for each charge. When filing the papers, the petitioner must include a list of the eligible charges. After providing this, a court hearing may not be necessary.
  • For each charge filed, the petitioner must submit a self-addressed stamped envelope with the paperwork. After the expungement is complete, the court clerk will use the envelopes to return the documents, which will include a certified copy of the expungement order.
  • The petitioner's paperwork will be sent to the judge and any agency that needs to acknowledge and record the expungement.

If, after obtaining one's record from the clerk, a charge is labeled "dismissed with fees," the record can be expunged. However, the subject must first pay the debt owed to the court. It may be possible to waive the fees.

If a charge has been "retired," it means the case has remained dormant for a long time. In this case, before the expungement can occur, the petitioner must ask the court to modify the case status to "dismissed".