Navigating Missouri’s Employment Background Screening Laws in 2025: A Guide for Employers
As of 2025, employers in Missouri must navigate a complex web of federal and local laws when conducting employment background screenings. While the state has not enacted a statewide “ban-the-box” law for private employers, several major metropolitan areas have their own regulations.
Consequently, staying compliant requires a thorough understanding of these overlapping legal landscapes.
This article provides a comprehensive overview of Missouri’s background check laws, including look-back periods for criminal offenses, local ban-the-box ordinances, and key legal precedents.
Federal Laws: The Foundation of Background Screening
First and foremost, all employers in Missouri must adhere to the federal Fair Credit Reporting Act (FCRA). This act regulates how consumer reporting agencies (CRAs) collect and use personal information. For instance, before conducting a background check through a third-party provider, employers must obtain written consent from the applicant. Subsequently, if an employer intends to take adverse action based on the report’s findings, they must follow a specific two-step process, which includes providing the applicant with a copy of the report and a summary of their rights.
Free Account Sign Up
Open an account today. Get immediate access.
Pay as you go, only for what you need. Services provided only for legitimate, credentialed business use. NO setup, minimum or monthly recurring fees for credit card customers.
Explore our screening packages to find the right fit for your organization.
Criminal Offenses: How Far Back Can You Look?
A frequently asked question is how many years back an employer can consider a criminal offense when making a hiring decision. In Missouri, there is no state-mandated limit for private employers. However, the FCRA does impose restrictions. For positions paying less than $75,000 annually, a CRA cannot report non-conviction information that is more than seven years old. It is important to realize, this restriction does not apply to criminal convictions, which can be reported indefinitely. Nevertheless, employers should be mindful of guidance from the Equal Employment Opportunity Commission (EEOC), which cautions against blanket policies that exclude applicants with any criminal record.
The EEOC’s Stance
The EEOC recommends an individualized assessment for each applicant with a criminal record. This assessment should consider:
- The nature and gravity of the offense.
- The time that has passed since the offense and/or completion of the sentence.
- The nature of the job held or sought.
For example, a recent DUI might disqualify a candidate for a driving position but not for a desk job. Additionally, expunged records under Mo. Rev. Stat. § 610.140 cannot be considered, as applicants can legally deny such convictions. Employers must also avoid using arrest records that did not lead to convictions, per EEOC guidance.
By conducting these individualized assessments, employers can mitigate the risk of a discrimination lawsuit based on disparate impact, where a seemingly neutral policy disproportionately affects a protected class.
Missouri imposes specific rules on how employers can use criminal history, particularly under local ban-the-box ordinances. For instance, employers must carefully assess criminal records to avoid discrimination, as guided by the Equal Employment Opportunity Commission (EEOC).
Moreover, industries like healthcare and education face stricter requirements. For example, the Missouri Revised Statutes § 192.2495 mandates criminal background checks for employees in contact with patients or residents, prohibiting those with certain convictions from being hired.
Missouri Employment Screening
- SSN Trace, Names, Aliases & Address history
- Nationwide Criminal Database Search based on user input
- National Sex Offenders based on user input
- USA/SDN/OFAC Patriot Act databases based on user input
- Federal USDC Criminal Search based on user input
- (1) County Court Criminal Search based on user input
- 24 Hours turnaround or less
Summary
This article provides a detailed overview of Missouri’s employment background screening laws for 2025. Key takeaways include:
- Adherence to the federal Fair Credit Reporting Act (FCRA) is mandatory.
- There is no statewide ban-the-box law for private employers in Missouri, but local ordinances exist in St. Louis and Kansas City.
- There is no state-mandated look-back period for criminal convictions, but the FCRA limits the reporting of non-conviction information to seven years for jobs paying under $75,000.
- The EEOC recommends individualized assessments of applicants with criminal records to avoid discrimination claims.
- Staying informed about evolving local regulations and legal precedents is crucial for compliance.
Official Resources
Missouri’s “Ban-the-Box” Landscape
Missouri has no statewide ban-the-box law for private employers, but several local jurisdictions have enacted ordinances to promote fair hiring. These laws prohibit employers from asking about criminal history on initial job applications. Below is a list of Missouri’s ban-the-box regulations in 2025:
- City of St. Louis: Effective January 1, 2021, the City of St. Louis enacted Ordinance 71074. This ordinance applies to employers with 10 or more employees and prohibits them from inquiring about an applicant’s criminal history until after an initial interview and after the employer has determined the applicant is otherwise qualified. Moreover, the employer cannot base a hiring decision on the criminal history unless it is “reasonably related to or bears upon the duties and responsibilities of the job position.”
- Kansas City: In 2018, Kansas City passed its own ban-the-box ordinance. This law forbids employers from asking about an applicant’s criminal record until after an interview has been conducted. As of January 2025, Kansas City has taken a step further by classifying individuals with a criminal history as a protected class, making it illegal to discriminate based on past convictions in employment, housing, and public accommodations. This means employers must conduct an individualized assessment and cannot have a blanket policy of denying employment based on a criminal record.
- Columbia: The City of Columbia also has a ban-the-box ordinance that applies to city contractors and vendors. While it doesn’t extend to all private employers, it’s a significant local regulation to be aware of if you do business with the city.
- Kansas City: Applies to private employers with six or more employees. Employers cannot inquire about criminal history until after an interview or a conditional job offer is made.
- Jackson County: County employers cannot include criminal history questions on initial job applications.
- St. Louis County: Similar to Jackson County, county employers are barred from early criminal history inquiries.
- Missouri Executive Branch (State Agencies): Under Executive Order 16-04, state agencies cannot ask about criminal history on initial applications, except for positions where convictions legally disqualify candidates.
These ordinances aim to give formerly incarcerated individuals a fair chance at employment. Employers must ensure compliance to avoid penalties, such as fines or business license revocation.
Case Law Snippets: Lessons from Litigation
Understanding how courts have interpreted these laws is crucial for compliance. Below are some snippets from legal sources on relevant cases and principles in Missouri.
“A significant volume of litigation under the FCRA arises from employment screening. A common pitfall for employers is the failure to provide a ‘stand-alone’ disclosure form for the background check, as required by the FCRA. Instead, employers often include a liability waiver or other extraneous language, which can lead to class-action lawsuits.”
“In Missouri, at-will employment allows employers to terminate an employee for any reason, or no reason at all, as long as it’s not an illegal reason. However, if an employer’s background check policy is not applied consistently and leads to a disproportionate impact on a protected class, it can form the basis of a discrimination claim under the Missouri Human Rights Act.”
Missouri Real Estate Commission v. Held (2019)
In this case, the Missouri Court of Appeals ruled that a state agency could not deny a real estate license solely based on an applicant’s extensive felony history. The applicant, with 21 felony convictions, was granted a probated license. The court emphasized that agencies must consider the nature of the crime, time elapsed, and the applicant’s conduct post-conviction.
This ruling underscores that blanket denials based on criminal history violate Missouri law, particularly Mo. Rev. Stat. § 314.200, which prohibits denying licenses primarily due to convictions if the applicant has completed incarceration or probation.
Conclusion: Best Practices for Missouri Employers
In conclusion, Missouri employers must adopt a multi-layered approach to background screening in 2025. This involves not only adhering to the federal FCRA but also being acutely aware of the specific ban-the-box ordinances in cities like St. Louis and Kansas City. Ultimately, the best practice is to delay any inquiry into criminal history until after an initial interview and a determination that the candidate is otherwise qualified for the role. By implementing fair and consistent screening policies and conducting individualized assessments, employers can significantly reduce their legal risk and create a more equitable hiring process.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.