Missouri Background Check Laws for Employers
Missouri has no statewide ban-the-box law for private employers and no credit-check statute, but two of its largest cities regulate hiring on their own, its closed-records law hides more court history than most employers expect, and its constitution protects medical marijuana patients. This guide covers each rule, names the agency behind it, and explains the federal FCRA steps that apply on top.
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At a glanceFCRA stepsBan the boxRecords you may useLookbackCredit, drugs, E-VerifyIndustry rulesServicesChecklistFAQs
Missouri employment screening laws at a glance
Missouri has no employment-specific consumer-reporting statute, so the federal FCRA carries the process rules. The Missouri statutes below decide which records exist for you to see and which you may not use.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| Mo. Rev. Stat. § 610.105 and § 610.120 (closed records) | Once a case ends in acquittal, dismissal, nolle prosequi or a completed suspended imposition of sentence, the official record is closed; private employers are not among the entities that may receive closed records. | Missouri State Highway Patrol; circuit courts |
| Mo. Rev. Stat. § 610.140 (expungement) | Expunged records may not be considered; the applicant may answer “no” to conviction questions except for listed positions, including financial institutions and law-required checks. | Circuit courts; Missouri State Highway Patrol |
| Executive Order 16-04 (2016) | State agencies do not ask about criminal history on the initial application. | Office of Administration, Division of Personnel |
| Kansas City Ord. 180034; St. Louis City Ord. 71074; Columbia Code ch. 12, art. V | Local ban-the-box ordinances covering private employers: Kansas City (6 or more employees, after the applicant is found otherwise qualified and interviewed), St. Louis City (10 or more, same trigger, with review of all available information), Columbia (all employers, after a conditional offer). | Kansas City Civil Rights and Equal Opportunity Department; St. Louis Civil Rights Enforcement Agency; Columbia Human Rights Commission |
| Mo. Const. art. XIV, § 1.7(15) (medical) and § 2.3(3) (adult use) | Employers may not discriminate against a qualifying patient for cardholder status, lawful off-premises use or a positive test alone, unless the person used or was impaired at work, the position is one where lawful use affects job performance or the safety of others, or a federal benefit is at stake; adult use carries no employment protection. | Missouri Commission on Human Rights (complaints); Division of Cannabis Regulation (program) |
| Mo. Rev. Stat. §§ 285.530–285.535 (E-Verify), as amended by HB 2366 effective Aug. 28, 2026 | No employer may knowingly hire an unauthorized worker; public employers and businesses receiving state contracts, grants or incentives over $5,000 must use E-Verify and file an affidavit. From August 28, 2026 the Attorney General gains consumer-protection investigative powers and may seek damages of ten times the wages paid to unauthorized workers, with E-Verify participation as an affirmative defense. | Missouri Attorney General |
| Mo. Rev. Stat. § 213.010 et seq. (Human Rights Act); Title VII | No discrimination on protected traits by employers with 6 or more employees; the EEOC guidance on criminal records applies through Title VII. | Missouri Commission on Human Rights; U.S. EEOC |
| Mo. Rev. Stat. §§ 407.1380–407.1384 | Consumer credit-report security-freeze law (2008). Not an employment statute; it imposes duties on credit reporting agencies only. | Missouri Attorney General (consumer protection) |
The FCRA process every Missouri employer must follow
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a Missouri employer. The state rules on this page sit on top of it, never in place of it.
Missouri adds no state notices to the federal sequence. Earlier versions of this page described a “Missouri Fair Credit Reporting Act” with its own authorization and adverse-action duties; no such act exists.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
Pre-adverse action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights, then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse action notice
If you proceed, send the final notice naming the screening company, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
Ban the box in Missouri: state agencies and three cities
State agencies
Executive Order 16-04, signed in 2016, removed the criminal-history question from initial applications for executive-branch state jobs. It binds state agencies, not private employers, and no Missouri statute extends it.
Kansas City
Ordinance 180034, adopted February 1 and effective June 9, 2018, covers private employers with six or more employees. They may not inquire about criminal history until the applicant has been found otherwise qualified and interviewed, and may ask all applicants in the final selection pool. In addition, they may not base a hiring decision on criminal history until after a conditional offer. Adverse action is allowed only where the offense is reasonably related to the duties of the position, judged on all available information, including the frequency, recentness and severity of the record. Positions where a law requires exclusion are exempt. Meanwhile, Kansas City added criminal history as a protected class in January 2025.
St. Louis City
Ordinance 71074, effective January 1, 2021, covers employers with ten or more employees. They may not ask about criminal history on the application or before determining the applicant is otherwise qualified and interviewed, may not base a decision on history unless it is reasonably related to or bears on the duties of the position after weighing frequency, recentness and severity, and may not publish ads excluding people with records. The Civil Rights Enforcement Agency can issue warnings, compliance orders, civil penalties and, for repeat violations, revoke business licenses.
Columbia
Columbia’s ordinance, Code of Ordinances chapter 12, article V (§ 12-90), adopted December 1, 2014, covers all employers within the city limits. It bars seeking criminal background information before a conditional offer of employment, with exceptions where a law requires exclusion, where a fidelity bond is required, and for EMS-licensed positions; employers may tell applicants in advance which offenses disqualify. In addition, employers may not publish ads excluding people with records. A violation is a misdemeanor punishable by a fine of up to $1,000 or 30 days in jail, and complaints go to the city’s Human Rights Commission.
Multi-city employers
The strictest local rule, Columbia’s conditional offer before any inquiry, works everywhere in Missouri. Adopt it statewide rather than tracking three ordinances.
Jackson County applies a fair-chance policy to its own hiring by executive order; it does not reach private employers.
Which Missouri records you may and may not use
Missouri’s Chapter 610 hides more than most employers expect. Read the categories before you order, because a “clear” Highway Patrol report may simply reflect records the state has closed.
Closed records
Under § 610.105, a case that ends in acquittal, dismissal, nolle prosequi or a completed suspended imposition of sentence becomes a closed record. Section 610.120 limits closed-record access to criminal justice agencies and listed licensing bodies; private employers are not on the list, and a screening company must screen closed records out.
Suspended imposition of sentence
An SIS is not a conviction. While probation is active the case is open and may be reported; once it is completed, the record closes. Read the disposition date before acting on an SIS entry.
Expunged records
§ 610.140 lets a person petition to expunge most offenses one year (misdemeanors) or three years (felonies) after completing the sentence, up to two felonies and three misdemeanors in a lifetime. The applicant may answer “no” to conviction questions, except for listed positions such as financial institutions and jobs where a law requires disclosure. Eligible marijuana offenses were expunged automatically under Amendment 3 (2022).
Arrests without charge
Under § 610.100, an arrest record where no charge is filed within 30 days is closed. Arrests with pending charges remain open, subject to the FCRA seven-year limit on non-convictions.
Juvenile records
Juvenile court records are confidential under § 211.321 and are not available for private employment screening.
MACHS and Case.net
The Highway Patrol’s MACHS name-based check ($15) returns open records only and labels a name match as “possible.” Case.net is free but is not an FCRA consumer report and does not confirm identity. Court-level research with date-of-birth verification does both jobs.
How far back a Missouri background check can go
Missouri has no reporting-limit statute. The federal FCRA sets the outer limits, and Chapter 610 removes closed and expunged records from the window entirely.
Non-convictions
Open non-convictions, such as pending charges, may not be reported more than seven years after they occurred for positions paying under $75,000. Closed non-convictions may not be reported at all.
Convictions
The FCRA places no age limit on reported convictions. Most employers adopt a seven- or ten-year policy window, which is easier to defend under the EEOC guidance.
Higher-paid positions
For positions expected to pay $75,000 or more, the seven-year limit on non-convictions does not apply. The closed-records rule still does.
Set the lookback in your written policy by position class, then order the same scope for every candidate in that class.
Credit checks, marijuana, drug testing, E-Verify, salary history and social media
Employment credit reports
Missouri has no statute restricting employer credit checks. The consumer security-freeze law at §§ 407.1380–407.1384, sometimes cited as a Missouri FCRA, binds credit reporting agencies and imposes no employer duty; the §§ 407.1350–407.1386 range cited on some sites does not exist. The federal FCRA steps apply, and the EEOC discourages credit screens that are not job related.
Medical marijuana
Article XIV, § 1.7(15) of the Missouri Constitution bars discriminating against a qualifying patient or caregiver with a valid card for that status, for lawful use off premises during non-working hours, or for a positive marijuana test, unless the person used, possessed or was under the influence on the premises or during working hours, the position is one where lawful use affects the ability to perform the job or the safety of others or conflicts with a bona fide occupational qualification, or the employer would lose a monetary or licensing benefit under federal law. Adult-use marijuana, legal since December 2022, carries no employment protection under § 2.3(3).
Drug testing
No Missouri statute regulates private-employer drug testing. Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT roles. A confirmed positive under a written policy supports denial of unemployment benefits under § 288.045.
E-Verify
§ 285.530 bars every employer from knowingly hiring unauthorized workers and requires public employers, and businesses receiving state contracts, grants, tax credits, abatements or loans over $5,000, to enroll in E-Verify and file a sworn affidavit. The Attorney General enforces, and HB 2366, effective August 28, 2026, adds consumer-protection investigative powers, civil damages of ten times the wages paid to unauthorized workers, and license suspension, with E-Verify participation as an affirmative defense. Other private employers may enroll voluntarily at e-verify.gov.
Salary history
No statewide ban. Kansas City bars employers with six or more employees from asking about salary history (effective October 31, 2019). Pay decisions must still comply with the federal Equal Pay Act and the Human Rights Act.
Social media and AI
Missouri has no social-media password law and no statute regulating automated hiring tools. Title VII disparate-impact rules apply to any screen, so test tools for adverse impact and keep a human decision-maker.
Missouri industry-specific screening requirements
Healthcare and long-term care
Licensed facilities, home health, adult day care and in-home service providers must run Highway Patrol criminal checks and Employee Disqualification List checks on direct-care staff under § 192.2495 (formerly § 660.317), and register them with the Family Care Safety Registry under §§ 210.900–210.936, administered by the Department of Health and Senior Services.
Child care
Child care providers, staff and household members must clear fingerprint-based checks through the Family Care Safety Registry and the Children’s Division under § 210.1080, administered by the Department of Elementary and Secondary Education Office of Childhood.
Public schools
School districts must obtain fingerprint-based Highway Patrol and FBI checks on employees under § 168.133, and certificate applicants are checked by the Department of Elementary and Secondary Education.
Private security
Security officers are licensed locally in St. Louis and Kansas City; private investigators are licensed by the Board of Private Investigator and Private Fire Investigator Examiners under ch. 324 with fingerprint checks.
Transportation
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel and motor vehicle record reviews. Missouri Department of Revenue driver records are available through the driving-records service.
Gaming and finance
Casino employees are licensed by the Missouri Gaming Commission under ch. 313; banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110; insurance producers are checked by the Department of Commerce and Insurance.
Screening services built for Missouri employers
BCS Background Screening LLC runs FCRA-compliant searches for Missouri employers of every size, with no setup fee and per-search pricing.
Missouri statewide criminal search
Real-time court-level search of all 114 Missouri counties plus the City of St. Louis, $20 per name plus a $5 access fee, with full date of birth and reportability verified on every hit Order the Missouri statewide search.
County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
Nationwide criminal database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported. Nationwide database search.
Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
SSN trace and address history
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
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Optional Multiple Authentication Factor (MAF) protection is available on every user account.
Missouri employer compliance checklist
Twelve steps that keep a Missouri screening program inside the FCRA, Chapter 610 and the local ordinances.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- In Kansas City and St. Louis City, wait until the applicant is otherwise qualified and interviewed; in Columbia, wait for a conditional offer.
- Define the screening scope for each position class and apply it to every candidate in that class.
- Never use closed, expunged or juvenile records; verify that any SIS or dismissal is still an open record.
- Confirm identity with the full date of birth on every court hit before it reaches a decision.
- Keep open non-convictions within seven years below $75,000; set a written policy window for convictions.
- Run an individualized assessment before declining a candidate for a record, and keep a dated note.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Do not act on medical marijuana cardholder status, off-duty use or a positive test alone outside the exceptions in art. XIV, § 1.7(15).
- Enroll in E-Verify if you are a public employer or hold a state contract or incentive over $5,000.
- Limit credit reports to positions with financial responsibility and document the reason.
- Follow 49 C.F.R. Part 40 for DOT-regulated positions.
Missouri background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
Does Missouri have its own Fair Credit Reporting Act?
No. The consumer credit-report security-freeze law, Mo. Rev. Stat. §§ 407.1380–407.1384, is sometimes described as a Missouri FCRA under the non-existent range §§ 407.1350–407.1386; it binds credit reporting agencies and imposes no employer authorization or adverse-action duties. Employer background checks in Missouri are governed by the federal Fair Credit Reporting Act, enforced by the Consumer Financial Protection Bureau and Federal Trade Commission: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice.
Does Missouri have a ban-the-box law?
Not statewide for private employers. Executive Order 16-04 removes the question from state agency applications, administered by the Office of Administration. Three cities regulate private employers: Kansas City Ordinance 180034 (6 or more employees, no inquiry until the applicant is otherwise qualified and interviewed, enforced by the Civil Rights and Equal Opportunity Department), St. Louis City Ordinance 71074 (10 or more, same trigger, enforced by the Civil Rights Enforcement Agency) and Columbia’s Code chapter 12, article V (all employers, conditional offer first, complaints to the Human Rights Commission).
What are Missouri closed records and can employers see them?
Under Mo. Rev. Stat. § 610.105, a case that ends in acquittal, dismissal, nolle prosequi or a completed suspended imposition of sentence becomes a closed record, and § 610.120 limits access to criminal justice agencies and listed licensing bodies. Private employers are not on the list, so a compliant screening company removes closed records before release. The Missouri State Highway Patrol maintains the repository and the circuit courts close their files.
How does Missouri expungement affect hiring?
Mo. Rev. Stat. § 610.140 lets a person petition the circuit court to expunge most offenses one year after completing a misdemeanor sentence or three years after a felony sentence, up to two felonies and three misdemeanors in a lifetime. Once expunged, the applicant may answer “no” to questions about the offense, except for positions the section lists, such as financial institutions, insurers and jobs where federal or state law requires disclosure, and an employer may not consider it. The Highway Patrol removes the record from the repository.
How many years back can a Missouri background check go?
Missouri has no lookback statute, so the federal FCRA governs. Consumer reporting agencies may not report open non-convictions older than seven years for positions paying under $75,000; convictions carry no federal age limit. Closed and expunged records may not be reported at any age. The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA.
Can a Missouri employer refuse to hire a medical marijuana patient?
Not for cardholder status, lawful off-duty use or a positive test alone. Article XIV, § 1.7(15) of the Missouri Constitution bars discrimination against qualifying patients and caregivers with valid cards unless the person used, possessed or was under the influence on the premises or during working hours, the position is one where lawful use affects job performance or the safety of others or conflicts with a bona fide occupational qualification, or the employer would lose a federal monetary or licensing benefit. Adult-use marijuana carries no employment protection under § 2.3(3). Complaints go to the Missouri Commission on Human Rights; the Division of Cannabis Regulation administers the patient program.
Is E-Verify mandatory in Missouri?
For public employers and for businesses receiving state contracts, grants, loans or tax incentives over $5,000, yes: Mo. Rev. Stat. § 285.530 requires enrollment and a sworn affidavit, enforced by the Missouri Attorney General under § 285.535. Every employer is barred from knowingly hiring unauthorized workers, and from August 28, 2026 HB 2366 lets the Attorney General seek damages of ten times the wages paid to unauthorized workers and suspend licenses, with E-Verify participation as an affirmative defense. Other private employers may enroll voluntarily, and Form I-9 remains required for every hire.
Can Missouri employers ask about salary history?
Statewide, yes. Kansas City bars employers with six or more employees from asking about salary history or relying on it, effective October 31, 2019, enforced by the Civil Rights and Equal Opportunity Department. Everywhere in Missouri, pay decisions must comply with the federal Equal Pay Act and the Missouri Human Rights Act, enforced by the EEOC and the Missouri Commission on Human Rights.
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This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. Missouri statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in October 2026.