Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Missouri: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Missouri does not have a statewide ban the box or fair chance hiring law for private employers. Private employers outside of St. Louis, Kansas City, and Columbia may ask about criminal history on the initial job application and at any stage of the hiring process.
*Columbia, Kansas City, and St. Louis have their own ban the box ordinances.
Criminal Record Lookback Period
Missouri has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Missouri has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Missouri allows expungement of many arrests, pleas, and convictions after a waiting period, generally 3 years for felonies and 1 year for misdemeanors, subject to lifetime limits of 2 felonies and 3 misdemeanors. Once expunged, a record is treated as though it never occurred and an applicant may lawfully deny it in most situations. Disclosure is still required for certain professional licenses, financial institution jobs, insurance industry jobs, and law enforcement or emergency services positions.
Salary History Ban
Missouri does not have a statewide salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Missouri does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Missouri has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Missouri has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Missouri has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Missouri legalized both medical and recreational marijuana, but the two are treated very differently for employment purposes. Employers may not discriminate against an employee with a valid medical marijuana card for off duty use or a positive test, unless the employee was impaired at work. Recreational users receive no such protection, and an employer may still take adverse action for off duty recreational use. Certain marijuana related convictions have also been expunged, and employers may not ask about those expunged records.
Pre-Adverse Action Notice & Waiting Period
Missouri has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Missouri has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Missouri has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Residential Care Screening
Missouri requires a fingerprint based state and FBI criminal history check, along with a sex offender registry check and child abuse and neglect registry check, for child care staff members before they may work or be present at a licensed facility, renewed every 5 years. A related background check requirement applies to residential care facilities and child placing agencies.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
St. Louis, MO Applies to 10+ Employees Ban the Box
Prohibits covered employers from basing hiring or promotion decisions on an applicant's criminal history and from asking about criminal history until the applicant has been determined otherwise qualified for the position. Violations can result in loss of a business license.
Kansas City, MO Applies to 6+ Employees Ban the Box
Prohibits covered employers from asking about criminal history until after an interview or conditional job offer. Violations can result in a 30 day revocation of the employer's business license.
Columbia, MO Applies to All Employers Ban the Box
Columbia's ordinance covers both public and private employers, one of the few in the country to do so. Employers are prohibited from seeking or inquiring into an applicant's arrest, charge, or conviction history, though they may notify applicants of specific offenses that would disqualify them for a particular job.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Missouri gives employers wide latitude statewide, but local ordinances add real requirements in several major cities. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. If hiring in St. Louis, Kansas City, or Columbia, delay criminal history inquiries as required by the applicable local ordinance. Do not ask about or consider expunged criminal records, including expunged marijuana offenses. Run the required fingerprint based background check before hiring for any childcare or residential care role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Do not take adverse action against a medical marijuana cardholder for off duty use or a positive test alone; recreational use is not similarly protected.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Missouri Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Missouri law.