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TCA 40-11-142

Due diligence to determine person’s criminal history

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What does this charge mean?

After arresting someone, the police officer must make a reasonable effort to find out about any prior arrests or convictions before the bail decision is made by checking all available databases and records, including the state criminal history database and the FBI's interstate identification system.

Penalty Details

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Penalty SummaryClassification not specified
(a) After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, the arresting officer or the officer’s agency must exercise due diligence in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person’s law enforcement file. Ask a legal question, get an answer ASAP!(b) Using due diligence to determine a person’s criminal history means the officer makes use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203, and other official records regarding the person’s prior criminal and arrest history to which the officer or officer’s agency has access.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section40-11-142