Tennessee Public Records

The State of Tennessee has acknowledged the public's inherent right to access government records for over 100 years. All public records in Tennessee are created, preserved, and disseminated per the Tennessee Public Records Act, statutorily adopted in 1957.

According to the Act, public records include all documents, papers, letters, maps, books, photographs, microfilms, sound recordings, or other materials, despite physical form or characteristics, created or received under law or ordinance or while a government agency transacts public business.

T.C.A. 8-4-601 designates the Office of Open Records Counsel (OORC) as the administrator of the Act—to provide answers and information to the public regarding public records. The OORC issues opinions on questions about public records and may mediate disputes concerning public records.

Are Tennessee Records Public?

Yes. Most Tennessee records are subject to public examination under the Tennessee Public Records Act. However, the Act exempts certain records from the public's eye, as explained in §10-7-504. These include:

Personal phone numbers, bank account information, Social Security numbers, and driver's license information - this may include their location, district or city of residence if they are under state protection
Library records describing a person who requested or obtained specific material
All files, reports, records, and papers related to child abuse investigations
Certain taxpayer information, returns, reports, and audits
Security codes, plans, passwords, and computer programs used to protect electronic information and government property
Photographs and recordings of juveniles kept by law enforcement authorities
Court records, case information, and the criminal history of an individual exempt from public disclosure per court order

Tennessee Public Records Act

The Tennessee Public Records Act ("TPRA"), outlined in Tit. 10, Chap. 7, P. 5 of the state's legislature, is the primary law governing the maintenance and release of public records in the State of Tennessee.

Under the TPRA, any "citizen of the state" may view or make copies of records maintained by Tennessee state, county, and municipal agencies (Tenn. Code Ann. § 10-7-503(a)(2)(A)). Examples include business entities, arrests, judicial, property, and voter registration records.

However, although the TPRA does not restrict the release of public records to non-citizens, it does not expressly mandate their disclosure either. For this reason, the State Attorney General has previously opined that anyone who lacks state citizenship may be denied access to Tennessee public records. In other words, agencies reserve the right to deny a non-citizen access without it being construed as violating the U.S. Constitution's Privileges and Immunities Clause.

That is not to say that public access, whether initiated by a citizen or non-citizen, is without restriction. As highlighted earlier, certain records are not disclosed under the Tennessee Public Records Act.

How Do I Find Public Records in Tennessee?

Tennessee does not have a central repository for public records. Any public records request must be submitted to the specific records custodian—the public official within the applicable government agency designated to receive such applications.

Per the Tennessee Public Records Act, all governmental agencies must establish an open records policy that guides the process for requesting public records, responding to requests, and paying the associated fees. Individuals must follow this policy to ensure their request is received and processed successfully.

A requester often must submit a written request to obtain a public record. The TPRA mandates the provision of sufficient details to enable the governmental entity to find the specific record(s). Agencies may also provide forms to aid such requests (see sample statewide form) and may require one's government-issued identification to furnish responsive records. The information required to process a public record search includes the case number, page number, or docket number of the document (where applicable) as well as the personal information of the record holder, such as their full name, birth date and the site of the event.

A request may be submitted in person by mail, fax, email, or via a web portal, and varying fees apply, depending on a custodian's policy.

The Comptroller's office provides best practices and guidelines for accessing public records within the state.

Find Tennessee Public Records Free

Tennessee government agencies do not usually charge persons who want to inspect a public record. As a result, citizens may access online portals maintained by these agencies or visit their physical locations during business hours to examine records at no cost.

However, an agency may charge reasonable costs to reproduce a public record per T.C.A. § 10-7-503(A)(7)(B)(i). Requesters may determine applicable sums where a fee applies by reviewing an agency's fee schedule or calling the designated office line for details. An agency may also provide an estimate to a requester in writing.

Nonetheless, "reasonable costs" that a governmental entity may charge for copies of public records are outlined in the Office of Open Records Counsel's Schedule of Reasonable Charges. Accordingly, a governmental entity may charge 15 cents for an 8 ½ x 11 or 8 ½ x 14 black and white (B & W) copy and 50 cents for an 8 ½ x 11 or 8 ½ x 14 color copy, except the entity's charge to produce a copy exceeds the defined threshold amount.

The Comptroller's Tennessee Public Records Act FAQs page bears answers to questions about public record fees.

What Happens if I Am Refused a Public Records Request?

Any citizen of Tennessee who is refused access to a public record in whole or in part can petition the court to review the denial.

One may file their petition with the Office of Open Records Counsel in the Comptroller's office, the chancery or circuit court for the county where the records are found, or in any other jurisdictional court.

The court will issue an order, at the request of the petitioning party, requesting the defendant (the agency's custodian or designee) to appear and clarify their reasons for denying the requester's access to public records.

How Long Does It Take to Obtain a Tennessee Public Record?

Once a public records coordinator or custodian in Tennessee receives a request for inspection or copying of public records, the law mandates their "prompt" response without unnecessary delay. If the requested record(s) cannot be speedily disclosed, the custodian has 7 business days to perform one of these actions:

Provide the requested record(s);
Furnish the requester with a written denial with legal grounds;
Provide the requester with a response stipulating the duration necessary to produce the record(s).

Considerably, requests for voluminous or archival records often require additional time. Likewise, other factors like the available workforce and the department's workload may reasonably delay the production of requested records.