Missouri Compliance Guide · 2026

Missouri Background Check Laws for Employers (2026)

Missouri has no statewide ban-the-box law for private employers and no credit-check statute. Even so, Kansas City, St. Louis City and Columbia regulate hiring on their own, and the state’s closed-records law hides more court history than most employers expect.

This guide covers each rule, names the agency behind it, explains the federal FCRA steps that apply on top, and flags the automatic drug-conviction expungement that starts January 1, 2027.

3 CitiesKansas City (6+), St. Louis City (10+) and Columbia ban the box
Closed§ 610.105 hides acquittals, dismissals and completed SIS cases
7 YearsFCRA limit on reported non-convictions under $75,000
Jan. 1, 2027SB 1421 automatic expungement of drug-possession convictions
Quick Reference

Missouri Background Check 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.

Three city ordinances, one constitutional marijuana protection and a 2026 E-Verify amendment complete the picture. The table maps each rule to the agency that administers it.

Topic Statute or Regulation What It Does Administered By
Consumer reports Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Missouri equivalent) Requires a stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, and a seven-year limit on reported non-convictions below $75,000. Consumer Financial Protection Bureau; Federal Trade Commission; private suits
State criminal records Mo. Rev. Stat. § 610.105 and § 610.120 (closed records) Closes acquittals, dismissals, nolle prosequi and completed suspended impositions of sentence; private employers may not receive closed records. Missouri State Highway Patrol; circuit courts
Fair chance / ban the box Executive Order 16-04 (state agencies); Kansas City Code § 38-104; St. Louis Ord. 71074; Columbia Code § 12-90 State agencies drop the question from initial applications; Kansas City (6+ employees), St. Louis City (10+) and Columbia (all employers) restrict private-employer inquiries. Office of Administration; Kansas City Civil Rights and Equal Opportunity Department; St. Louis Civil Rights Enforcement Agency; Columbia Human Rights Commission
Sealed and expunged records Mo. Rev. Stat. § 610.140; SB 1421 (2026) Expunged records may not be considered; the applicant may deny them except for listed positions. From Jan. 1, 2027, drug-possession convictions are expunged automatically. Circuit courts; Missouri State Highway Patrol central repository
Lookback limits No state cap; FCRA, 15 U.S.C. § 1681c Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. CFPB and FTC
Credit reports No state restriction; FCRA Requires FCRA consent and adverse-action steps for employment credit checks. CFPB and FTC
Salary history No state law; Kansas City Code § 38-104 (Ord. 190380) Kansas City bars employers with six or more employees from asking about or relying on salary history. Kansas City Civil Rights and Equal Opportunity Department
Drug and marijuana testing Mo. Const. art. XIV, § 1.7(15) (medical) and § 2.3(3) (adult use) Protects medical marijuana cardholders from discrimination for status, lawful off-duty use or a positive test alone, with safety and federal-benefit exceptions; adult use carries no protection. Missouri Commission on Human Rights (complaints); Division of Cannabis Regulation (program)
Application questions Mo. Rev. Stat. § 213.055.1(3); Title VII, ADEA, ADA, INA (federal) Bars application forms and inquiries that express a limitation because of race, color, religion, national origin, sex, ancestry, age or disability. Missouri Commission on Human Rights; EEOC; U.S. Department of Justice
E-Verify Mo. Rev. Stat. §§ 285.530–285.535, as amended by HB 2366 effective Aug. 28, 2026 Bars knowingly hiring unauthorized workers; public employers and recipients of state contracts or incentives over $5,000 must enroll in E-Verify and file an affidavit. Missouri Attorney General
Social media No state statute Missouri has no password-privacy law for applicants. Not applicable
Discrimination Missouri Human Rights Act, Mo. Rev. Stat. § 213.010 et seq.; Title VII Bars discrimination on protected traits by employers with six or more employees; Title VII disparate-impact rules reach criminal-history screens. Missouri Commission on Human Rights; U.S. EEOC
Credit security freezes Mo. Rev. Stat. §§ 407.1380–407.1384 Consumer credit-report security-freeze law (2008); it binds credit reporting agencies and imposes no employer duty. Missouri Attorney General (consumer protection)
Healthcare and child care Mo. Rev. Stat. § 192.2495; §§ 210.900–210.936; § 210.1080 Requires Highway Patrol checks, Employee Disqualification List checks and Family Care Safety Registry registration for direct-care and child care staff. Department of Health and Senior Services; Office of Childhood
Federal Baseline

How the FCRA Applies to Missouri Employers

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.

1

Clear Disclosure

Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the disclosure free of liability waivers and extra language.

2

Written Authorization

Get written authorization before you order. Then match the search to the position and apply the same package to every candidate for the same job.

3

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.

4

Adverse Action Notice

If you proceed, send the final notice naming the screening company and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.

State Criminal Records

Missouri Criminal Records: MACHS, Case.net and the Courts

The Missouri State Highway Patrol maintains the state’s central repository under Chapter 610. Its MACHS name-based check costs $15, returns open records only, and labels a name match as “possible.”

Case.net, the judiciary’s public docket, is free. However, it is not an FCRA consumer report and does not confirm identity.

Chapter 610 hides more than most employers expect. Read the record categories below before you order, because a “clear” Highway Patrol report may simply reflect records the state has closed.

Court-Level Research Does Both Jobs

Court-level research with date-of-birth verification confirms identity and returns the charge, disposition and sentence. That is the method the FCRA expects for employment reports.

For that reason, BCS Background Screening LLC runs a Missouri statewide criminal search of all 114 counties plus the City of St. Louis. The search costs $20 per name plus a $5 access fee.

A single-county county criminal court search costs $18 plus any court fees. It is the search that confirms a database hit before it reaches a report.

Lookback Rules

How Far Back a Missouri Background Check Can Go

Missouri has no reporting-limit statute. The federal FCRA in 15 U.S.C. § 1681c sets the outer limits, and Chapter 610 removes closed and expunged records from the window entirely.

From January 1, 2027, SB 1421 also strips automatically expunged drug-possession convictions from every report, whatever their age.

7 Years

Non-Convictions (Federal)

Open non-convictions, such as pending charges, may not be reported more than seven years after they occurred. Closed non-convictions may not be reported at all.

No Limit

Convictions (Federal)

The FCRA places no age limit on reported convictions under § 1681c(a)(5). Most employers adopt a written seven- or ten-year policy window.

$75,000+

Salary Exemption (Federal)

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.

1 or 3 Years

SB 1421 Expungement

From Jan. 1, 2027, drug-possession and paraphernalia convictions are expunged one year (misdemeanor) or three years (felony) after final disposition. They then leave the lookback window.

The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.

Sealed and Protected Records

Which Missouri Records You May and May Not Use

Closed Records Under § 610.105

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. Therefore, a screening company must screen closed records out before release.

Sealed, Expunged and Set-Aside Records

§ 610.140 lets a person petition the circuit court to expunge most offenses. The wait is one year for misdemeanors and three years for 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. An employer may not consider an expunged record. Eligible marijuana offenses were expunged automatically under Amendment 3 (2022).

Automatic Expungement Under SB 1421 (From Jan. 1, 2027)

SB 1421, signed July 9, 2026, adds Missouri’s first automatic clean-slate process. From January 1, 2027, the Highway Patrol’s central repository screens and expunges, without a petition, convictions for drug possession and unlawful use of drug paraphernalia.

The record clears one year after final disposition for a misdemeanor and three years for a felony, if no new conviction intervenes. The lifetime limit of three misdemeanor and two felony expungements still applies and counts petition expungements.

Consumer reporting agencies may not report an expunged record. In addition, an employer that hires a person with an expunged record is protected from liability for doing so. All other eligible offenses remain expungeable only by petition under § 610.140.

Record Type Statute Waiting Period Key Limits
Acquittal, dismissal, nolle prosequi, completed SIS § 610.105; § 610.120 None; closed on disposition Not available to private employers
Arrest with no charge filed § 610.100.2(3) 30 days after arrest Closed record; § 610.120 governs access
Petition expungement (most offenses) § 610.140 1 year misdemeanor; 3 years felony after sentence Lifetime limit of 3 misdemeanors and 2 felonies; applicant may deny except for listed positions
Automatic expungement (drug possession, paraphernalia) SB 1421 (2026), effective Jan. 1, 2027 1 year misdemeanor; 3 years felony after final disposition No petition; no new conviction may intervene; CRAs may not report

Re-verify any Missouri drug-possession conviction against CaseNet before relying on it. From January 1, 2027, a record that appeared on an older report may already be expunged, and acting on it invites an FCRA accuracy dispute.

Arrests and Non-Convictions

Under § 610.100.2(3), an arrest record where no charge is filed within 30 days is a closed record, and § 610.120 governs who may still access it. Arrests with pending charges remain open, subject to the FCRA seven-year limit on non-convictions.

An arrest alone does not prove conduct. Confirm the final disposition before you act on any Missouri arrest.

Juvenile Records

Juvenile court records are confidential under § 211.321. They are not available for private employment screening.

Fair Chance Hiring

Ban the Box in Missouri: State Agencies and Three Cities

Missouri has no statewide ban-the-box law for private employers, and no state statute requires an individualized assessment or waiting period. Executive Order 16-04, signed in 2016, removed the criminal-history question from initial applications for executive-branch state jobs.

The order binds state agencies only, and the Office of Administration administers it. Three city ordinances, however, reach private employers.

Kansas City

Kansas City Code § 38-104 (Ordinance 180034, effective June 9, 2018) covers private employers with six or more employees. They may not inquire about criminal history until the applicant has been interviewed and found otherwise qualified.

In addition, they may not base a hiring decision on criminal history until after a conditional offer. An offer may be withdrawn only where the history 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 a check or bars people with certain convictions are exempt. Kansas City also added criminal history as a protected class in January 2025, enforced by the Civil Rights and Equal Opportunity Department.

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 interviewing all similarly situated applicants.

A decision may rest on criminal history only after an individualized assessment finds the history reasonably related to the job, weighing frequency, recentness and severity. Employers also may not publish ads excluding people with records.

The Civil Rights Enforcement Agency can issue warnings, compliance orders and civil penalties. For repeat violations, it can revoke business licenses.

Columbia

Columbia’s Code of Ordinances ch. 12, § 12-90 (Ordinance No. 022254, adopted December 1, 2014) covers all employers within the city limits. It bars seeking criminal history before a conditional offer or before determining the applicant is otherwise qualified.

Exceptions apply where a law requires a check or bars people with certain convictions, where a fidelity bond is required, and for EMS-licensed positions. Employers may tell applicants in advance which offenses disqualify, but 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. 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.

Federal Contractors

Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.

The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.

Application Questions

What a Missouri Job Application May Ask

Missouri regulates the application form itself. Mo. Rev. Stat. § 213.055.1(3) makes it unlawful for an employer with six or more employees to use any application form, or make any inquiry about prospective employment, that expresses a limitation, specification or discrimination because of race, color, religion, national origin, sex, ancestry, age or disability.

The only exception is a bona fide occupational qualification. The Missouri Commission on Human Rights enforces the statute, and the four federal limits below apply on top of it.

Sex, Marital Status, Religion, and Photographs

Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.

The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.

Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.

Date of Birth and Age

The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants, and § 213.055 lists age too.

Your screening company still needs the date of birth to match Missouri court records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.

Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.

Disability, Health, and Workers’ Compensation

The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.

GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.

Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.

Citizenship, National Origin, and Military Discharge

The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.

USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.

Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”

EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.

Other State Rules

Credit Reports, Salary History, Drug Testing and More

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 consent and adverse-action steps apply, so limit credit reports to positions with financial responsibility and document the reason.

Salary History and Pay Transparency

Missouri has no statewide salary history ban and no pay transparency statute. However, Kansas City Code § 38-104 (Ordinance 190380, effective October 31, 2019) bars employers with six or more employees from asking about or relying on salary history.

Everywhere in Missouri, pay decisions must still comply with the federal Equal Pay Act and the Missouri Human Rights Act.

Drug and Marijuana Testing

No Missouri statute regulates private-employer drug testing, and pre-employment THC testing remains allowed. 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.

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 off-premises use during non-working hours, or for a positive marijuana test. Three exceptions apply.

First, the person used, possessed or was under the influence on the premises or during working hours. Second, the position is one where lawful use affects job performance or the safety of others, or conflicts with a bona fide occupational qualification. Third, 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). A cardholder may also have an underlying disability, so engage in the ADA interactive process before withdrawing an offer.

Motor Vehicle Records

Missouri Department of Revenue driver records are available for employment purposes under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721. Obtain written consent before you order.

Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries. BCS Background Screening LLC pulls these reports through its motor vehicle records search.

E-Verify and Form I-9

§ 285.530 bars every employer from knowingly hiring unauthorized workers. Public employers, and businesses receiving state contracts, grants, loans or tax incentives over $5,000, must enroll in E-Verify and file a sworn affidavit.

The Attorney General enforces under § 285.535. 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 at e-verify.gov; federal contractors with the FAR clause at 48 C.F.R. 52.222-54 must. Every employer still completes Form I-9 for each new hire under 8 C.F.R. § 274a.2, Section 1 by the first day and Section 2 within three business days.

Social Media and Passwords

Missouri has no social-media password law. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.

Automated and AI Hiring Tools

Missouri has 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.

Regulated Positions

Missouri Industry-Specific Screening Requirements

Several Missouri statutes require fingerprint or registry checks for specific jobs. Most of these positions are also exempt from the local ban-the-box timing rules.

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). They also register staff 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. The Department of Elementary and Secondary Education Office of Childhood administers the rule.

Public Schools

School districts must obtain fingerprint-based Highway Patrol and FBI checks on employees under § 168.133. 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. Federal rules override the state marijuana protection for these roles.

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, and insurance producers are checked by the Department of Commerce and Insurance.

Employer Alerts

What Changed for Missouri Employers in 2026

Missouri enacted two screening-related changes in 2026, one taking effect this August and one next January. Three federal changes also affect how Missouri employers screen this year.

Action requiredJan. 1, 2027All Missouri employers and screening companies

SB 1421 starts automatic expungement of drug-possession convictions

SB 1421, signed July 9, 2026, takes effect January 1, 2027. The Highway Patrol’s central repository will screen and expunge, without a petition, convictions for drug possession and unlawful use of drug paraphernalia.

The record clears one year after final disposition for a misdemeanor and three years for a felony, if no new conviction intervenes. Consumer reporting agencies may not report an expunged record, and an employer that hires a person with an expunged record is protected from liability for doing so.

What to do: Re-verify any Missouri drug-possession conviction against CaseNet before relying on it. Update your written policy so that no decision rests on a record that has been expunged.

Source: SB 1421 (2026); Mo. Rev. Stat. § 610.140. Read the law

Action requiredAug. 28, 2026Public employers and state contract or incentive recipients over $5,000

HB 2366 adds tenfold damages and license suspension to Missouri’s E-Verify law

HB 2366 amended Mo. Rev. Stat. §§ 285.530–285.535 effective August 28, 2026. The Attorney General may now seek damages of ten times the wages paid to unauthorized workers and suspend business licenses.

E-Verify participation is an affirmative defense. Public employers and businesses receiving state contracts, grants, loans or tax incentives over $5,000 must still enroll and file a sworn affidavit.

What to do: Confirm your E-Verify enrollment and affidavit if you hold a state contract or incentive. Private employers outside the mandate should weigh voluntary enrollment for the affirmative defense.

Source: Mo. Rev. Stat. § 285.530, as amended by HB 2366 (2026). Read the law

RecommendedJan. 2025Kansas City employers with 6 or more employees

Kansas City adds criminal history as a protected class

Kansas City amended Code § 38-104 in January 2025 to list criminal history as a protected class. The 2018 ban-the-box ordinance already barred inquiries before an interview and decisions before a conditional offer.

An offer may be withdrawn only where the history is reasonably related to the duties and responsibilities of the position. The Civil Rights and Equal Opportunity Department enforces the ordinance.

What to do: Document a job-related reason for every criminal-history decision in Kansas City, and keep the dated assessment note with the file.

Source: Kansas City Code § 38-104 (Ordinance 180034, June 9, 2018; amended Jan. 2025). Read the ordinance

ReminderOct. 28, 2026All employers with 15 or more employees

EEOC rescinds its 2012 arrest and conviction guidance

The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.

The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.

What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.

Source: EEOC press release, Oct. 29, 2026. Read the release

ReminderApr. 28, 2026Employers that drug test

Medical marijuana moved to Schedule III; DOT testing is unchanged

DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.

DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.

What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, apply the Missouri medical cardholder protection in art. XIV, § 1.7(15).

Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance

ReminderAug. 21, 2026Federal contractors

OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain

Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.

The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.

What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.

Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice

Screening Services

Missouri Employment Screening Services

BCS Background Screening LLC runs FCRA-compliant searches for Missouri employers of every size, with no setup fee and per-search pricing. Every hit is verified with the full date of birth before it reaches your report.

Missouri Statewide Criminal Search

Real-time court-level search of all 114 Missouri counties plus the City of St. Louis. Price: $20 per name plus a $5 access fee, with reportability verified on every hit.

County Criminal Court Search

Direct research at the county courthouse, seven-year standard scope. Price: $18 plus any court fees.

SSN Trace

Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties.

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.

Federal Criminal Search

Covers the U.S. District Courts for the Eastern and Western Districts of Missouri for federal offenses.

Motor Vehicle Records

Missouri Department of Revenue driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Price: $15 plus the state fee.

Verifications and Add-ons

Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility.

Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.

Action Items

Missouri Employer Compliance Checklist

  • Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
  • Remove sex, marital status, religion, citizenship, and photograph questions from the application, as § 213.055.1(3) requires.
  • Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
  • In Kansas City and St. Louis City, wait until the applicant is otherwise qualified and interviewed; in Columbia, wait for a conditional offer.
  • Never use closed, expunged or juvenile records; verify that any SIS or dismissal is still an open record.
  • Re-verify any drug-possession conviction against CaseNet before relying on it; SB 1421 expunges them automatically from January 1, 2027.
  • 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.
  • 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.
Employer FAQs

Missouri Employment Screening Law FAQs

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. That means a stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report, 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 Code § 38-104 (6 or more employees, no inquiry until the applicant is 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 Code § 12-90 (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. Section 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.

An employer may not consider an expunged record. The Highway Patrol removes the record from the repository.

What does Missouri’s SB 1421 automatic expungement law change for employers?

From January 1, 2027, SB 1421 (signed July 9, 2026) has the Highway Patrol’s central repository expunge, without a petition, convictions for drug possession and unlawful use of drug paraphernalia. The wait is one year after final disposition for a misdemeanor and three years for a felony, if no new conviction intervenes.

Consumer reporting agencies may not report an expunged record, and an employer that hires a person with an expunged record is protected from liability for doing so. Re-verify any Missouri drug-possession conviction against CaseNet before relying on it.

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 at work, 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.

What may a Missouri employer ask on a job application?

Mo. Rev. Stat. § 213.055.1(3) bars employers with six or more employees from using any application form or inquiry that expresses a limitation because of race, color, religion, national origin, sex, ancestry, age or disability, unless based on a bona fide occupational qualification. The Missouri Commission on Human Rights enforces it.

Title VII, the ADEA, the ADA and the INA add federal limits on sex, age, disability and citizenship questions, enforced by the EEOC and the Department of Justice. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.

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This page provides general information about Missouri background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.