Your Comprehensive Guide to Tennessee Public Records
Tennessee Public Records
Public records in Tennessee are documents, files, recordings, and other materials created or maintained by government agencies in the course of their official business. These records serve as a vital resource for citizens seeking information about government operations, property ownership, vital statistics, court proceedings, and more. The Tennessee Public Records Act establishes the framework for public access to these records, ensuring transparency and accountability in government operations.
Are Tennessee Records Public?
Yes, most records created or maintained by Tennessee government agencies are considered public under the Tennessee Public Records Act (T.C.A. § 10-7-503). This law establishes a presumption of openness, stating that all government records shall be open for personal inspection by any citizen of Tennessee unless otherwise provided by state law.
The Tennessee Public Records Act applies to records of:
- State government agencies and departments
- County and municipal governments
- Public universities and colleges
- School boards and districts
- Utility districts
- Other public entities created by state law
However, it's important to note that not all government records are publicly accessible. Tennessee law provides specific exemptions for certain types of records to protect privacy, security, and other important interests. These exemptions are outlined in various sections of the Tennessee Code Annotated.
What Information Is Included in Tennessee Public Records?
Tennessee public records encompass a wide range of information created or maintained by government agencies. These include:
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Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records.
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Property Records: Deeds, mortgages, liens, property tax assessments, and property transfers.
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Court Records: Civil and criminal case files, court orders, judgments, and dockets from all levels of the Tennessee court system.
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Business Records: Corporate filings, business licenses, professional licenses, and Uniform Commercial Code (UCC) filings.
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Vehicle Records: Vehicle registrations, driver's license information (with restrictions), and accident reports.
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Criminal Records: Arrest records, criminal histories, sex offender registry information, and incarceration records.
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Government Operations: Meeting minutes, budgets, expenditure reports, contracts, and other administrative documents.
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Voter Registration: Voter registration information and voting history (with certain personal information redacted).
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Professional Licenses: Records of licenses issued to professionals such as doctors, lawyers, contractors, and other regulated occupations.
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Environmental Records: Permits, inspection reports, and enforcement actions related to environmental regulations.
What Does the Tennessee Public Records Law Do?
The Tennessee Public Records Act (T.C.A. § 10-7-503) establishes the legal framework for public access to government records in the state. This law:
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Creates a Presumption of Openness: The law establishes that all government records are open for inspection by Tennessee citizens unless specifically exempted by state law.
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Defines "Public Record": The law broadly defines public records as "all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity."
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Establishes Response Timeframes: Government agencies must make records available promptly and within seven business days. If records cannot be provided within this timeframe, the agency must provide a reason for the delay and an estimated completion date.
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Sets Reasonable Fee Guidelines: The law allows agencies to charge reasonable fees for copies of public records but requires that these fees be based on actual costs. The Office of Open Records Counsel provides a Schedule of Reasonable Charges that agencies may follow.
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Creates the Office of Open Records Counsel: This office provides guidance and education on public records issues to both government officials and citizens.
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Provides for Judicial Review: If a records request is denied, the law allows citizens to petition a court for access to the records.
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Establishes Penalties: Government officials who willfully refuse to disclose public records may be subject to penalties.
The Tennessee Public Records Act works in conjunction with the Tennessee Open Meetings Act (T.C.A. § 8-44-101 et seq.), collectively known as Tennessee's "Sunshine Laws," to promote transparency in government operations.
How To Find Public Records in Tennessee in 2025
Accessing public records in Tennessee can be accomplished through several methods:
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Direct Agency Contact: Identify the specific agency that maintains the records you seek and submit a request directly to that agency. Many agencies have designated records custodians or public information officers.
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Online Portals: Many Tennessee government agencies provide online access to public records through dedicated portals:
- Tennessee Secretary of State's Business Services Online for business records
- Tennessee Department of Health's Vital Records for birth and death certificates
- Tennessee Court System's Case Information for court records
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In-Person Requests: Visit the appropriate government office during business hours to request records in person.
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Written Requests: Submit a written request via mail, email, or fax to the records custodian of the relevant agency.
When making a public records request in Tennessee, it's helpful to:
- Be specific about the records you're seeking
- Provide relevant dates, names, or file numbers if known
- Indicate your preferred format for receiving the records
- Include your contact information
- State that your request is being made pursuant to the Tennessee Public Records Act
Does Tennessee Have Free Public Records?
Tennessee law allows for the inspection of public records at no cost. According to T.C.A. § 10-7-503(a)(7)(A), "A records custodian may not charge for inspection of public records unless otherwise required by law."
However, if you request copies of records, agencies may charge reasonable fees to cover the cost of duplication. Additionally, if your request requires extensive staff time to locate, retrieve, or redact records, you may be charged for labor costs.
Some specific types of records may have statutorily set fees regardless of the actual cost of production. For example, certain vital records like birth certificates have fixed fees established by law.
Many Tennessee agencies also provide some records for free online, such as:
- Basic business entity information through the Secretary of State's website
- Court docket information through public access terminals
- Property assessment data through county assessor websites
- Inmate information through the Department of Correction's website
How Much Does It Cost To Get Public Records in Tennessee?
The cost of obtaining public records in Tennessee varies depending on the type of record, the agency providing it, and whether you need physical copies or electronic versions. The Tennessee Office of Open Records Counsel has established a Schedule of Reasonable Charges that many agencies follow.
Typical costs include:
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Copy Charges:
- Black and white copies: $0.15 per page (standard letter/legal size)
- Color copies: $0.50 per page
- Maps, plats, electronic data, audio, video, and other materials: Actual cost
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Labor Charges:
- Agencies may charge for labor when time exceeds 1 hour
- Labor is charged at the hourly wage of the employee(s) reasonably necessary to produce the requested records
- Labor for redaction may be charged if required by law
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Specific Record Fees:
- Birth certificates: $15 per copy
- Death certificates: $15 per copy
- Marriage licenses: Varies by county (typically $5-15)
- Vehicle records: $5 for most records
- Criminal background checks: $29 from Tennessee Bureau of Investigation
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Delivery Costs:
- Mailing: Actual cost of postage
- Electronic delivery: Generally no additional cost
Agencies must provide an estimate of costs if requested, and some may require payment in advance for requests exceeding $100.
How Long Does It Take to Obtain Public Records in Tennessee?
Under the Tennessee Public Records Act, government agencies must make records available for inspection "promptly" and within seven business days. If records cannot be made available within this timeframe, the records custodian must provide a reason for the delay and an estimated date when the records will be available.
However, actual response times can vary significantly based on:
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Complexity of the Request: Requests for voluminous records or those requiring extensive redaction may take longer to fulfill.
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Agency Resources: Smaller agencies with limited staff may take longer to process requests than larger agencies with dedicated records personnel.
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Record Type and Age: Recently created digital records may be provided quickly, while older records stored in archives might take longer to retrieve.
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Current Workload: Agencies handling multiple requests simultaneously may experience delays.
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Statutory Timeframes: Some specific records have different timeframes established by law.
For expedited service, some agencies offer priority processing for an additional fee. For example, the Tennessee Department of Health offers expedited vital records services for an additional charge.
What Records Are Confidential In Tennessee?
While Tennessee law establishes a presumption of openness for government records, numerous exemptions exist to protect privacy, security, and other important interests. The Tennessee Code Annotated contains over 500 specific exemptions spread throughout various sections.
Some key categories of confidential records include:
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Personal Information:
- Social Security numbers
- Driver's license numbers
- Personal health information protected under HIPAA
- Personal financial information
- Home and personal cell phone numbers of government employees
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Law Enforcement Records:
- Active criminal investigation records
- Identifying information about confidential informants
- Juvenile criminal records (with exceptions)
- Law enforcement surveillance techniques
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Medical and Health Records:
- Patient medical records
- Mental health treatment records
- Substance abuse treatment records
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Educational Records:
- Student education records protected under FERPA
- Personally identifiable student information
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Business and Financial Records:
- Trade secrets
- Proprietary business information
- Certain economic development records
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Security Information:
- Critical infrastructure information
- Security plans for public buildings
- Computer security information
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Other Protected Records:
- Adoption records
- Child abuse reports and investigations
- Records related to domestic violence victims
- Attorney-client privileged communications
- Certain personnel records
The Tennessee Office of Open Records Counsel maintains resources on exemptions at their official website.
Who Has the Right To Request Public Records in Tennessee
Under the Tennessee Public Records Act, "any citizen of Tennessee" has the right to request and inspect public records. This includes:
- Individual residents of Tennessee
- Tennessee-based businesses and organizations
- Representatives acting on behalf of Tennessee citizens
The law specifically limits access to Tennessee citizens, and government agencies may require proof of Tennessee citizenship before providing records. This citizenship requirement was upheld by the U.S. Supreme Court in McBurney v. Young (2013).
Acceptable forms of identification to establish Tennessee citizenship may include:
- Tennessee driver's license or state ID
- Tennessee voter registration card
- Tennessee business license
- Tennessee property tax receipts
- Utility bills showing a Tennessee address
Non-citizens do not have a statutory right to access Tennessee public records, although some agencies may choose to provide records to non-citizens as a matter of policy or courtesy.
What Can Be Done With Public Records in Tennessee
Public records obtained in Tennessee can be used for various legitimate purposes, including:
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Personal Research: Individuals may access records related to their own property, vital statistics, or interactions with government agencies.
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Business Purposes: Companies may use public records for background checks, property research, competitive analysis, or market research.
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Legal Proceedings: Attorneys and litigants may use public records as evidence in court cases or to prepare for litigation.
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Academic Research: Scholars and students may analyze public records for historical, sociological, or policy research.
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Journalistic Reporting: Media organizations rely on public records to investigate and report on government activities and public issues.
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Genealogical Research: Family historians use vital records, property records, and other documents to trace family histories.
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Real Estate Transactions: Buyers, sellers, and real estate professionals use property records to verify ownership, assess values, and identify liens.
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Government Accountability: Citizens and watchdog groups use public records to monitor government activities and expenditures.
While public records are generally available for these purposes, users should be aware of potential restrictions on the use of certain information. For example:
- Driver's license information obtained from the Department of Safety has specific permitted uses under the federal Driver's Privacy Protection Act
- Voter registration data cannot be used for commercial purposes
- Some records may contain copyrighted material with usage restrictions
Key Agencies and Departments for Public Records in Tennessee
Tennessee Secretary of State
312 Rosa L. Parks Avenue, 7th Floor
Nashville, TN 37243
(615) 741-2286
Tennessee Secretary of State
Maintains business records, UCC filings, notary registrations, and state archives
Tennessee Department of Safety & Homeland Security
1150 Foster Avenue
Nashville, TN 37210
(615) 251-5166
Tennessee Department of Safety
Maintains driver's license records, vehicle registrations, and accident reports
Tennessee Department of Health - Office of Vital Records
Andrew Johnson Tower, 1st Floor
710 James Robertson Parkway
Nashville, TN 37243
(615) 741-1763
Tennessee Vital Records
Maintains birth certificates, death certificates, marriage and divorce records
Tennessee Bureau of Investigation
901 R.S. Gass Boulevard
Nashville, TN 37216
(615) 744-4000
Tennessee Bureau of Investigation
Maintains criminal history records, sex offender registry, and crime statistics
Administrative Office of the Courts
Nashville City Center, Suite 600
511 Union Street
Nashville, TN 37219
(615) 741-2687
Tennessee Courts
Provides access to court records and case information
Tennessee State Library and Archives
1001 Rep. John Lewis Way N.
Nashville, TN 37219
(615) 741-2764
Tennessee State Library and Archives
Preserves historical records, government documents, and genealogical resources
Tennessee Department of Revenue
500 Deaderick Street
Nashville, TN 37242
(615) 253-0600
Tennessee Department of Revenue
Maintains tax records, business tax registrations, and property tax information
Tennessee Department of Environment & Conservation
William R. Snodgrass Tennessee Tower
312 Rosa L. Parks Avenue, 2nd Floor
Nashville, TN 37243
(615) 532-0109
Tennessee Department of Environment & Conservation
Maintains environmental permits, inspection reports, and conservation records
Tennessee Department of Labor & Workforce Development
220 French Landing Drive
Nashville, TN 37243
(844) 224-5818
Tennessee Department of Labor & Workforce Development
Maintains unemployment records, workers' compensation information, and employment statistics
Tennessee Department of Education
710 James Robertson Parkway
Nashville, TN 37243
(615) 741-5158
Tennessee Department of Education
Maintains school performance data, teacher licensing information, and education statistics
Tennessee Housing Development Agency
502 Deaderick Street, 3rd Floor
Nashville, TN 37243
(615) 815-2200
Tennessee Housing Development Agency
Maintains housing assistance records and affordable housing program information
Metropolitan Nashville & Davidson County Clerk
700 2nd Avenue South, Suite 101
Nashville, TN 37210
(615) 862-6050
Nashville/Davidson County Clerk
Maintains local business licenses, marriage licenses, and vehicle registrations for Nashville
Shelby County Register of Deeds
1075 Mullins Station Road
Memphis, TN 38134
(901) 222-8100
Shelby County Register of Deeds
Maintains property records, deeds, and mortgages for Shelby County
How to Appeal a Denied Public Records Request in Tennessee
If your request for public records in Tennessee is denied, you have several options for appeal:
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Informal Resolution: First, consider contacting the records custodian to clarify your request or address any misunderstandings. Sometimes, a modified request may be approved.
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Request Written Denial: Ask for a written explanation of the denial, including the specific legal basis for withholding the records. Under T.C.A. § 10-7-503(a)(2)(B)(ii), the records custodian must provide this explanation within seven business days.
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Contact the Office of Open Records Counsel: The Tennessee Office of Open Records Counsel can provide guidance and mediation services for disputes over public records.
Office of Open Records Counsel
Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
(615) 401-7891
Office of Open Records Counsel -
File a Petition in Court: If other methods fail, you can file a petition in the chancery or circuit court in the county where the records are located. The court will schedule an expedited hearing and may order the agency to produce the records if it finds the denial was improper.
When filing a court petition:
- The petition should be filed in the county where the records are maintained
- The burden of proof is on the government agency to justify withholding records
- If you substantially prevail, the court may award reasonable attorney's fees and costs
- The court may assess a civil penalty against officials who willfully refuse to provide records
The timeline for judicial review is expedited under Tennessee law, with courts required to schedule hearings "at the earliest practicable date."
Difference Between Federal and Tennessee Public Records
Federal and Tennessee public records laws operate independently, with different scopes, procedures, and exemptions:
Legal Framework:
- Federal: The Freedom of Information Act (FOIA) governs access to federal agency records
- Tennessee: The Tennessee Public Records Act governs access to state and local government records
Who Can Request Records:
- Federal: Anyone, regardless of citizenship or residency, can request federal records under FOIA
- Tennessee: Only Tennessee citizens have a statutory right to access Tennessee public records
Response Timeframes:
- Federal: FOIA requires agencies to respond within 20 business days, with possible extensions
- Tennessee: Records must be made available promptly and within 7 business days
Fee Structure:
- Federal: FOIA has a complex fee structure based on requester category (commercial, educational, media, or other)
- Tennessee: Fees are generally limited to actual costs of duplication and labor exceeding one hour
Exemptions:
- Federal: FOIA contains 9 specific exemption categories
- Tennessee: Over 500 exemptions are scattered throughout various sections of Tennessee law
Appeal Process:
- Federal: FOIA provides for administrative appeals within agencies before judicial review
- Tennessee: Appeals typically go directly to court, though the Office of Open Records Counsel can provide mediation
Records Coverage:
- Federal: FOIA applies only to executive branch agencies, not Congress or federal courts
- Tennessee: The Public Records Act applies to all state and local government entities
When seeking records in Tennessee, it's important to determine whether the records are held by federal, state, or local agencies, as this determines which law applies. Some records, such as those related to federally funded state programs, may be available under both laws.