Tennessee Code Annotated
Tenn. Code Ann. § 38-8-106 (2026)
Qualifications of police officers
✓ current as of May 2026
Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall:
- (1) Be at least eighteen (18) years of age;
- (2) Be a citizen of the United States, or a permanent legal resident of the United States who is an honorably discharged veteran of the United States armed forces pursuant to § 38-8-105(d);
- (3) Be a high school graduate or possess a high school equivalency credential approved by the state board of education;
- (4) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues;
- (5) Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States;
- (6) Have the person's fingerprints on file with the Tennessee bureau of investigation;
- (7) Have passed a physical examination by a licensed physician or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant;
- (8) Have a good moral character as determined by a thorough investigation conducted by the employing agency; and
- (9) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation.
Amended by 2023 Tenn. Acts, ch. 114,s 7, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 498, s 2, eff. 5/20/2015.
Amended by 2013 Tenn. Acts, ch. 137, s 4, eff. 4/12/2013.
Acts 1981, ch. 455, § 6; T.C.A., § 38-11-106; Acts 1983, ch. 270, § 6; 1988, ch. 968, § 2; 1990, ch. 1094, § 2; 1993, ch. 374, § 2; 2001, ch. 42, § 1; 2009 , ch. 264, § 1; 2012 , ch. 848, § 12.
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 1992–2026 · leading case: Wright v. Tennessee Peace Officer Standards & Training Comm'n, 277 S.W.3d 1 (Tenn. Ct. App. 2008).
Wright v. Tennessee Peace Officer Standards & Training Comm'n, 277 S.W.3d 1 (Tenn. Ct. App. 2008). “In the end, however, the commissioners concluded that, under their rules, they were obligated to find Wright in violation of Tenn.Code Ann. § 38-8-106 because of his guilty plea— despite the lack of a conviction, and despite the subsequent expungement — but also concluded that…”
In Re: Application of Tony Cox (seeking to qualify as agent for Memphis Bonding) & State of Tennessee v. Cheryl D. Gray & Samuel R. Brisco, 389 S.W.3d 794 (Tenn. Crim. App. 2012). “Likening the disqualification provision in code section 38-8-106, which prohibited a convicted felon from serving as a police officer, with the disqualification provision in code section 40-11-128, which prohibited a convicted felon from serving as a bondsman or bondsman’s…”
Mickel G. Hoback v. City of Chattanooga, 492 S.W.3d 248 (Tenn. Ct. App. 2015). “These standards are found in Tenn. Code Ann. § 38-8-106 and the Rules of the .”
Ashton v. City of Memphis, 49 F. Supp. 2d 1051 (W.D. Tenn. 1999). “The qualifications for police officers in Tennessee are set forth in Tenn.Code Ann. § 38-8-106.... Since the qualifications for these positions winnow out a significant portion of the general workforce, there indeed is a possibility that the racial composition of the qualified…”
Corder v. Metro. Gov't of Nashville & Davidson Cnty., 852 S.W.2d 910 (Tenn. Ct. App. 1992). “§ 38-8-105 and T.C.A. § 38-8-106 and were a proximate cause of the decedent’s death.”
Aiken v. City of Memphis, 37 F.3d 1155 (6th Cir. 1994). “The qualifications for police officers in Tennessee are set forth in Tenn. Code Ann. § 38-8-106 . 5 The qualifications *1166 for firefighters in Tennessee are very similar and are set forth in Tenn.”
Hargrove v. Metro. Gov't of Nashville, 154 S.W.3d 565 (Tenn. Ct. App. 2004). “8 provides that: [a]ny officer who leaves the Metropolitan Police Department must meet the requirements of state law (T.C.A. 38-8-106 or as amended), before he [or she] can be considered for reemployment.”
Madison Cnty., Tennessee v. Vatisha Evans-Barken (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 38-8-106 (9). Not only are officers required to complete this psychological evaluation pre-employment, but veteran officers are likewise required to complete a new psychological evaluation “[a]fter a six month break in full-time law -9- enforcement service” or…”
Vatisha Evans-Barken v. Madison Cnty., Tennessee (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 38-8-106 . In or around April 2014, Appellee went on medical leave.”
Bee Deselm v. Tennessee Peace Officers Standards & Training Comm'n (Tenn. Ct. App. 2010). “03-071, in which the Attorney General’s office opined that a finding of criminal contempt in a civil matter “may not be considered a criminal conviction for the violation of a law relating to force, violence, theft, or dishonesty” within the meaning of either Tenn. Code Ann. §…”
Mickel Hoback v. City of Chattanooga (Tenn. Ct. App. 2012). “These standards are found in Tenn. Code Ann. § 38-8-106 and the Rules of the Tennessee Peace Officers Standards and Training Commission (POST).”
Rodolfo Castro v. Peace Officer Standards & Training Comm'n (Tenn. Ct. App. 2008). “We hold that the POST Commission failed to adopt criteria for exceptions and waivers as required by Tenn. Code Ann. § 38-8-106 . For reasons other than those used by the trial court, we affirm the judgment of the trial court, but modify the judgment to vacate the POST…”
— Tenn. Code Ann. § 38-8-106(4) — 4 cases
Wright v. Tennessee Peace Officer Standards & Training Comm'n, 277 S.W.3d 1 (Tenn. Ct. App. 2008). “In the end, however, the commissioners concluded that, under their rules, they were obligated to find Wright in violation of Tenn.Code Ann. § 38-8-106 because of his guilty plea— despite the lack of a conviction, and despite the subsequent expungement — but also concluded that…”
Ashton v. City of Memphis, 49 F. Supp. 2d 1051 (W.D. Tenn. 1999). “The qualifications for police officers in Tennessee are set forth in Tenn.Code Ann. § 38-8-106.... Since the qualifications for these positions winnow out a significant portion of the general workforce, there indeed is a possibility that the racial composition of the qualified…”
Jack Wayne Butler v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2016).
Bee Deselm v. Tennessee Peace Officers Standards & Training Comm'n (Tenn. Ct. App. 2010). “03-071, in which the Attorney General’s office opined that a finding of criminal contempt in a civil matter “may not be considered a criminal conviction for the violation of a law relating to force, violence, theft, or dishonesty” within the meaning of either Tenn. Code Ann. §…”
— Tenn. Code Ann. § 38-8-106(8) — 1 case
Bee Deselm v. Tennessee Peace Officers Standards & Training Comm'n (Tenn. Ct. App. 2010). “03-071, in which the Attorney General’s office opined that a finding of criminal contempt in a civil matter “may not be considered a criminal conviction for the violation of a law relating to force, violence, theft, or dishonesty” within the meaning of either Tenn. Code Ann. §…”
— Tenn. Code Ann. § 38-8-106(9) — 2 cases
Madison Cnty., Tennessee v. Vatisha Evans-Barken (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 38-8-106 (9). Not only are officers required to complete this psychological evaluation pre-employment, but veteran officers are likewise required to complete a new psychological evaluation “[a]fter a six month break in full-time law -9- enforcement service” or…”
Vatisha Evans-Barken v. Madison Cnty., Tennessee (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 38-8-106 . In or around April 2014, Appellee went on medical leave.”
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