Rules & Regulations of the State of Tennessee Title 1395 - TN Bureau of Investigation
Tennessee Rules & Regulations – Title 1395 (TBI)
1. Overview of Title 1395
Title 1395 governs the Tennessee Bureau of Investigation (TBI) and its operations. These rules implement the authority granted by the Tennessee General Assembly. They set standards for:
Collection and sharing of criminal records.
Background checks.
Crime reporting systems.
Criminal intelligence gathering.
Sexual offender registration and monitoring.
TBI response to subpoenas, court orders, and legal processes.
Title 1395 is an administrative code, meaning it has the force of law for operations but must be consistent with statutes and court decisions.
2. Key Chapters and Their Functions
1395-01-01 — Tennessee Crime Information Center (TCIC)
Maintains the state’s criminal justice information system.
Establishes how criminal records, fingerprints, and other criminal history information are collected and shared among law enforcement agencies.
1395-01-02 — Tennessee Incident-Based Reporting System (TIBRS)
Requires local law enforcement agencies to report detailed crime data.
Helps in tracking crime trends and statistical analysis.
1395-01-03 — Tennessee Instant Check System
Governs background checks for firearm transactions.
Ensures individuals prohibited from possessing firearms are identified.
1395-01-04 — Criminal Intelligence Unit
Sets standards for collection, storage, and sharing of criminal intelligence.
Emphasizes that information must be lawful, accurate, and used only for legitimate law enforcement purposes.
1395-01-05 — Sexual Offender Registration and Monitoring
Implements standards for registration, monitoring, and verification of sexual offenders.
Ensures compliance with both state and federal laws.
1395-01-06 — Production of Records and Testimony
Establishes procedures for responding to subpoenas and court orders.
Defines terms such as “investigative records,” “civil action,” and “legal process.”
Emphasizes that TBI records are generally confidential, unless disclosure is authorized by law or court order.
3. Core Legal Principles
Administrative Authority
Title 1395 rules implement statutory authority.
TBI rules cannot override Tennessee statutes or constitutional provisions.
Confidentiality
Investigative records are confidential.
Disclosure requires proper legal process, such as a subpoena or court order.
Compliance with Judicial Orders
TBI must follow court orders even if its internal rules or policies differ.
4. Notable Case Law
Recipient of Final Expunction Order v. Rausch (2022)
Facts:
An individual received a court-ordered expungement after completing a diversion program.
TBI refused to remove the record, claiming it was not eligible under internal rules.
Holding:
Tennessee Supreme Court ruled that TBI must comply with final court orders.
Administrative rules or internal policies cannot override judicial authority.
Significance:
Confirms that TBI’s administrative rules are subordinate to statutes and judicial decisions.
Establishes that TBI has a ministerial duty to remove records following expungement orders.
Other Legal Context
Tennessee law generally exempts investigative files from public disclosure.
Courts have repeatedly held that TBI must comply with proper subpoenas or court orders while maintaining confidentiality.
5. Practical Implications
For Law Enforcement Agencies
Must report crime data according to TIBRS standards.
Must follow TBI procedures for accessing criminal records.
For the Public
Records are generally confidential and cannot be accessed without legal authority.
Expungement orders or legal rights take precedence over TBI rules.
For the TBI
Must ensure internal policies comply with Title 1395.
Must follow judicial and statutory requirements over administrative rules.
6. Summary Table
| Topic | Explanation |
|---|---|
| Title 1395 | Administrative rules governing TBI operations. |
| Rule Authority | Derived from Tennessee statutes; operational, not legislative law. |
| Confidentiality | Investigative records are confidential; disclosure requires court order or legal process. |
| Judicial Supremacy | Courts’ orders take precedence over TBI rules. |
| Case Example | Recipient of Final Expunction Order v. Rausch: TBI must comply with expungement orders. |
| Purpose | Ensures consistent crime reporting, law enforcement cooperation, and compliance with legal and constitutional standards. |
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