Missouri Background Check Laws

Missouri does not have a statewide 'ban-the-box' law that applies to all private employers. However, some local jurisdictions and specific public sector entities may have their own 'ban-the-box' policies. For example, the City of Kansas City has a 'ban-the-box' ordinance for city employment. Employers should check local ordinances in their specific operating areas.

Missouri law does not significantly differ from or add to the federal FCRA in terms of general background check procedures for private employers. Employers must primarily adhere to the FCRA's requirements regarding disclosure, authorization, adverse action, and permissible purpose when conducting consumer reports.

Missouri law generally aligns with the FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the job's annual salary is less than $75,000. However, convictions can generally be reported indefinitely. There are no specific Missouri statutes that impose stricter reporting limitations than the FCRA for general employment background checks.

Missouri law allows for the expungement of certain criminal records. If a record has been expunged, it should not appear on a background check. Employers generally cannot consider or inquire about expunged records. Missouri Revised Statutes Chapter 610 outlines the procedures and types of records eligible for expungement. Employers should ensure their background check providers are aware of and comply with expungement laws.

Beyond the limited 'ban-the-box' policies in some public sectors, Missouri does not have a statewide 'fair chance' hiring law that mandates specific considerations for applicants with criminal records for private employers. However, employers are encouraged to follow best practices, such as individualized assessments, consistent with EEOC guidance.