Missouri Background Check Laws (2026 Guide)

Overview of Missouri Background Check Laws

Last verified: March 2026. This page reflects current Missouri Revised Statutes (RSMo), federal Fair Credit Reporting Act provisions, and local ordinances in effect as of this date.

Missouri does not have a single comprehensive background check statute that applies to all private employers. Instead, the state relies on a combination of federal law, state statutes covering specific industries, executive orders for government hiring, and local ordinances in major cities.

Employers in Missouri must follow the federal Fair Credit Reporting Act (FCRA) when using third-party consumer reporting agencies to conduct background checks. Beyond that, state law addresses background checks primarily in regulated industries such as healthcare, childcare, and education.

This guide covers the key laws and rules that affect background checks for employment, housing, and professional licensing in Missouri.

Ban the Box Laws in Missouri

State Government: Executive Order 16-04

On April 11, 2016, Governor Jay Nixon signed Executive Order 16-04, which removed questions about criminal history from initial job applications for Missouri state government positions. This order applies to all state departments, agencies, boards, and commissions under the executive branch.

The executive order does not prevent state agencies from asking about criminal history later in the hiring process. Positions where certain convictions make an applicant legally ineligible are exempt from the order.

Missouri does not have a statewide ban-the-box law that applies to private employers. Several cities have filled this gap with their own ordinances.

St. Louis: Ordinance 71074

Effective January 1, 2021, the City of St. Louis enacted Ordinance 71074, which applies to private employers with ten or more employees located within city limits.

Under this ordinance, employers cannot inquire about an applicant's criminal history until after determining that the applicant is otherwise qualified for the position. Employers also cannot base hiring or promotion decisions on criminal history unless they can demonstrate its relevance to the specific position.

Penalties escalate with repeated violations. A first violation results in a warning and a 30-day compliance order. A second violation adds a civil penalty. A third violation can result in revocation of the employer's business operating license.

Kansas City: Criminal History as a Protected Class

In January 2025, Kansas City passed an ordinance that classifies criminal history as a protected class under the city's civil rights code. This goes beyond traditional ban-the-box requirements.

The ordinance makes it unlawful for employers to discriminate against a person based on their criminal history in hiring, layoffs, demotions, and promotions. It also extends protections to housing and public accommodations.

Employers do not violate the ordinance if they base a decision on criminal history after conducting an individualized assessment that considers the frequency, recentness, and severity of the criminal record and whether it is reasonably related to the duties of the position.

Columbia: Fair Chance Hiring Law

The City of Columbia passed its Fair Chance Hiring Law on December 1, 2014. This law applies to all employers within city limits and prohibits criminal history questions on initial job applications. Employers may ask about criminal history after extending a conditional job offer.

Missouri Expungement Laws

Petition-Based Expungement Under Section 610.140 RSMo

Missouri's primary expungement statute is Section 610.140 RSMo. This law allows individuals to petition a court to seal eligible criminal records so they are no longer publicly accessible.

When a court grants an expungement order, the effect restores the person to the status they held before the arrest, plea, trial, or conviction, as if those events never occurred. An expunged record requires a court order to reopen.

2025 Changes to Waiting Periods

Effective January 1, 2025, Missouri significantly reduced the waiting periods required before filing an expungement petition:

• Felonies: Three years after completing the sentence (previously seven years)
• Misdemeanors: One year after the arrest or completion of the sentence (previously three years)
• Infractions: One year after the arrest or completion of the sentence

These reduced waiting periods apply as long as the person has not been found guilty of any other offense (excluding minor traffic violations) during the waiting period and has satisfied all obligations related to the disposition, including payment of fines and restitution.

Lifetime Expungement Limits

As of January 1, 2025, Missouri increased the number of offenses eligible for petition-based expungement:

• Up to two felony offenses (previously one)
• Up to three misdemeanor offenses or ordinance violations (previously two)
• Unlimited infractions

Offenses That Cannot Be Expunged

Section 610.140 lists specific offenses that are never eligible for expungement. These include:

• Any felony offense of assault
• Misdemeanor or felony domestic assault
• Felony kidnapping
• All offenses under Chapter 566 RSMo (sexual offenses)
• Specific offenses in Chapters 568, 569, and 571 RSMo
• Certain dangerous felonies and violent crimes

The full list of excluded offenses is found in subsection 2 of Section 610.140 RSMo.

Automatic Expungement: Missouri's Clean Slate Law (August 2025)

One of the most significant recent changes to Missouri background check law is the automatic expungement provision that took effect on August 28, 2025.

How Automatic Expungement Works

Under this law, qualifying criminal records are expunged without the individual needing to file a petition. The process works in three stages:

1. Identification: The Missouri Office of State Courts Administrator (OSCA) identifies criminal cases that have passed the required waiting periods and are otherwise eligible for expungement.

2. Review: OSCA sends those records to the State Central Repository, which is the criminal records database maintained by the Missouri State Highway Patrol. Agencies have 30 days to object if they believe a record is not eligible.

3. Court Order: If no agency objects within 30 days, OSCA transmits the records to the circuit courts, which then issue expungement orders within 30 days.

Eligibility Limits for Automatic Expungement

Automatic expungement has higher limits than petition-based expungement:

• Up to three felony offenses
• Up to five misdemeanor offenses or ordinance violations
• Unlimited infractions

If a person has more than three eligible felonies or five eligible misdemeanors, they are not eligible for automatic expungement and must file a petition instead.

Implementation Timeline

Records that were eligible for expungement on or before August 28, 2025 must be identified and processed by August 28, 2030. The Missouri Expungement Fund was created to support OSCA in administering this program.

What This Means for Employers

Employers conducting background checks in Missouri should be aware that qualifying records will gradually disappear from criminal history databases as automatic expungement takes effect. An expunged record will not appear on a standard background check, and employers cannot ask about or consider expunged records in hiring decisions.

Lookback Periods for Background Checks

No State Lookback Limit on Convictions

Missouri does not impose a state-level lookback period limiting how far back employers can consider criminal convictions. This means a conviction from any point in a person's history can appear on a background check and be considered by an employer, unless the record has been expunged.

Federal FCRA Seven-Year Rule

The federal Fair Credit Reporting Act restricts how consumer reporting agencies report certain types of information:

• Non-conviction records (arrests that did not lead to conviction): Cannot be reported if they are more than seven years old, for positions paying less than $75,000 per year.
• Civil suits and judgments: Seven-year limit for positions under $75,000.
• Paid tax liens: Seven-year limit.
• Chapter 13 bankruptcies: Seven-year limit (Chapter 7 bankruptcies have a ten-year limit).

Criminal convictions have no federal time limit for reporting, regardless of salary. They can be reported indefinitely unless state law or expungement restricts them.

The $75,000 Salary Exception

For positions paying $75,000 or more per year, the FCRA's seven-year restrictions on non-conviction information do not apply. Consumer reporting agencies can report all available information regardless of age for higher-paying positions.

FCRA Requirements for Missouri Employers

All Missouri employers who use a third-party consumer reporting agency to conduct background checks must comply with the federal Fair Credit Reporting Act. Key requirements include:

Before the Background Check

• Provide the applicant with a clear, standalone written disclosure that a background check will be conducted.
• Obtain the applicant's written consent before ordering the report.
• The disclosure cannot be buried in the job application. It must be a separate document.

Adverse Action Process

If an employer decides not to hire someone based in whole or in part on background check results, they must follow a two-step adverse action process:

1. Pre-adverse action notice: Send the applicant a copy of the background check report, a summary of their rights under the FCRA, and a notice that the employer is considering not hiring them based on the report.
2. Waiting period: Allow the applicant a reasonable time (generally five business days) to review and dispute any inaccurate information.
3. Final adverse action notice: If the employer proceeds with the decision, send a final notice that includes the name and contact information of the consumer reporting agency, a statement that the agency did not make the hiring decision, and notice of the applicant's right to obtain a free copy of the report and dispute its accuracy.

EEOC Guidance on Criminal Records

The U.S. Equal Employment Opportunity Commission (EEOC) has issued guidance cautioning employers against blanket policies that automatically exclude all applicants with criminal records. The EEOC recommends an individualized assessment that considers:

• The nature and gravity of the offense
• The time that has passed since the offense or completion of the sentence
• The nature of the job being sought

Blanket exclusions can result in disparate impact claims under Title VII of the Civil Rights Act.

Employment Background Checks

General Private Employer Rules

Missouri does not require private employers to conduct background checks on employees in most industries. However, employers may choose to do so and must comply with the FCRA when using third-party screening services.

Employers who conduct their own background checks without using a third-party agency are not subject to FCRA requirements, but they must still comply with anti-discrimination laws.

Mandatory Background Checks by Industry

Missouri law requires criminal background checks for employees in several regulated settings:

• Childcare and residential care facilities: Section 210.493 RSMo requires all licensed and license-exempt residential care facilities and child-placing agencies to complete background checks on employees, contractors, volunteers, and owners who have access to children.
• Healthcare facilities: Section 192.2495 RSMo governs background checks for certain healthcare workers.
• Schools: Section 168.133 RSMo requires criminal background checks for school personnel.
• State employees: State Policy SP-10 requires each state department to conduct a pre-employment criminal history record check on persons under final job consideration.

Background checks in regulated industries remain valid for five years from the date fingerprints were taken, or until a change in circumstances makes the person ineligible, whichever comes first.

E-Verify Requirements

Under Section 285.530 RSMo, all public employers and business entities receiving state contracts or grants exceeding $5,000, or receiving state-administered tax credits, abatements, or loans, must participate in the federal E-Verify program. E-Verify must be completed for every new employee no later than three business days after the first day of employment.

Negligent Hiring Liability

Missouri courts recognize negligent hiring claims. Employers who fail to conduct reasonable background checks may be held liable if an employee with a dangerous criminal history causes harm to others in the workplace. Completing a criminal background check provides some protection, but Missouri statute notes that it does not exempt employers from further inquiry required by common law due diligence.

Housing Background Checks

Missouri landlords are permitted to conduct background checks on prospective tenants, including criminal history checks, credit checks, and eviction history reviews. They must comply with the federal FCRA when using third-party screening services.

State-Level Rules

Missouri does not have a statewide law restricting how landlords use criminal history in tenant screening. Landlords can deny housing based on criminal history, though certain crimes (such as registered sex offenses) may create additional restrictions.

HB 595: State Preemption of Local Tenant Protections

Governor Mike Kehoe signed House Bill 595 into law, effective August 28, 2025. This law preempts local governments from restricting how landlords conduct background checks and tenant screening.

Specifically, HB 595 prohibits counties and cities from enacting laws that restrict a landlord from using information related to a tenant's background, including credit scores, credit checks, and criminal history, to determine whether to lease a unit to a prospective tenant.

This law was passed in response to local ordinances in Kansas City and other cities that had expanded tenant protections.

Fair Housing Considerations

Landlords must still comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability. The U.S. Department of Housing and Urban Development (HUD) has issued guidance warning that blanket criminal history screening policies can violate the Fair Housing Act if they disproportionately impact protected classes.

Professional Licensing Background Checks

Section 314.200 RSMo

Section 314.200 RSMo prohibits state licensing boards from denying a professional license primarily because a criminal conviction negates the applicant's good moral character, as long as the applicant has been released from incarceration by pardon or parole, or is on probation with no violations.

Licensing boards may consider the conviction as one factor in evaluating the applicant, but they must also weigh:

• The nature of the crime in relation to the license being sought
• The date of the conviction
• The applicant's conduct since the conviction
• Other evidence of the applicant's character

This statute prevents blanket denials while still allowing boards to exercise judgment in individual cases.

MACHS: Missouri Automated Criminal History Site

The Missouri Automated Criminal History Site (MACHS) is the state's central system for criminal background checks, administered by the Missouri State Highway Patrol's Criminal Justice Information Services Division.

MACHS offers two types of searches:

• Name-based search: Costs $15.00 plus a convenience fee. Results are available quickly.
• Fingerprint-based search: Costs $31.50 for a state-only check or $44.75 for a combined state and federal check. Fingerprints are captured electronically through IDEMIA, the state's fingerprint services vendor. Processing takes seven to ten business days.

Optional notarization of results is available for an additional $5.00.

Recent Changes and Developments

Missouri's background check landscape has seen several significant changes in 2025 and early 2026:

January 1, 2025

• Expungement waiting periods reduced (felonies from seven to three years; misdemeanors from three to one year)
• Lifetime expungement limits increased (up to two felonies and three misdemeanors)
• Kansas City enacted criminal history as a protected class

August 28, 2025

• Automatic expungement program launched through OSCA
• HB 595 took effect, preempting local tenant screening restrictions

Ongoing

• OSCA continues identifying and processing records eligible for automatic expungement through the August 28, 2030 deadline
• Employers should regularly review their screening policies to account for expunged records

Tips for Employers, Landlords, and Applicants

For Employers

• Always obtain written consent before conducting a background check through a third-party agency.
• Follow the FCRA adverse action process if you decide not to hire based on background check results.
• Conduct individualized assessments rather than applying blanket criminal history exclusions.
• Check whether your city has a local ban-the-box or fair chance hiring ordinance.
• Update your screening policies to account for automatic expungement.

For Landlords

• You may conduct criminal history, credit, and eviction checks on prospective tenants.
• Comply with the FCRA when using third-party screening services.
• Follow federal Fair Housing Act requirements to avoid discriminatory screening practices.
• Be aware that HB 595 protects your ability to use background information in screening decisions.

For Job Applicants and Tenants

• You have the right to know when a background check is being conducted and must give written consent.
• If you are denied employment or housing based on a background check, you have the right to receive a copy of the report and dispute inaccurate information.
• Check whether your criminal records are eligible for expungement under the new reduced waiting periods.
• Records eligible for automatic expungement will be processed by OSCA without requiring you to file a petition.