At-a-Glance Compliance Overview

State Mini-FCRA Laws

Missouri does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Missouri does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

Missouri provides mechanisms for expungement of certain criminal records.

Relevant statute:

Mo. Rev. Stat. §610.140

Eligible individuals may petition to expunge:

• certain misdemeanor convictions
• limited non-violent felony offenses
• certain arrests not resulting in conviction.

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

Missouri has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process, including on initial job applications.

However, local ordinances may impose stricter requirements.

Credit Check Restrictions

Missouri does not restrict employer use of credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including:

• disclosure
• authorization
• pre-adverse action notice
• adverse action procedures.

Cannabis Use and Drug Testing Rules

Missouri permits both medical and recreational marijuana use.

However, Missouri law provides limited employment protections for marijuana users.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment or positive drug tests.

Employers should evaluate drug testing policies carefully, particularly for safety-sensitive positions.

Pay Equity and Salary History Rules

Missouri does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

Kansas City – Fair Chance Hiring Ordinance

Kansas City has enacted a fair chance hiring ordinance that applies to private employers within the city.

Key requirements include:

• criminal history inquiries permitted only after the applicant is otherwise qualified
• employers must conduct an individualized assessment considering job-related factors
• adverse decisions must be based on the relationship between the offense and the position.

St. Louis – Fair Chance Hiring Ordinance

St. Louis has enacted a fair chance hiring ordinance applicable to private employers.

Key requirements include:

• employers may not inquire about criminal history until after an initial interview or conditional offer
• employers must evaluate criminal history in relation to the job
• individualized assessment considerations are required.

Columbia – Fair Chance Hiring Ordinance

Columbia has enacted a fair chance hiring ordinance affecting private employers within the city.

Key requirements include:

• criminal history inquiries delayed until later in the hiring process
• employers must evaluate criminal history based on job-related factors
• adverse decisions must be supported by an individualized assessment.

Key Statutes

Expungement – Mo. Rev. Stat. §610.140

Employer Compliance Checklist

Employers conducting background checks in Missouri should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Confirm whether hiring activities occur in Kansas City, St. Louis, or Columbia and apply local requirements accordingly.

• Delay criminal history inquiries as required by local ordinances.

• Conduct individualized assessments when evaluating criminal history in covered jurisdictions.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.