State law · For employers
Missouri background check laws for employers
What Missouri law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
9 laws cited
At a glance
The Missouri rules on each topic, in one line. Federal law applies to every topic.
| Topic | Missouri rule |
|---|---|
| Criminal history questions | No state rule. Federal law applies. |
| Limits on what a report includes | No state 7-year rule. Since August 28, 2026 (SB 1421), records of arrests, indictments pending trial, and convictions may no longer be reported once it is learned that a full pardon or expungement was granted, or that an arrest or indictment did not end in a… |
| Sealed and expunged records | Two tracks. (1) Petition: a person may petition 3 years after completing a felony sentence or 1 year after a misdemeanor, with lifetime limits of 2 felonies and 3 misdemeanors (610.140). (2) Automatic: SB 1421 (signed July 9, 2026) adds… |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | Medical cardholders are protected; adult-use consumers are not. |
| Drug testing procedures | No state rule. Federal law applies. |
| State consumer reporting law | No state consumer reporting act. Missouri has no extra disclosure or authorization form, no investigative-report rule, and no CRA registration. |
What a background check report may include
Who it covers: Anyone reporting criminal history records, in practice consumer reporting agencies (610.143); all employers (inquiry rules in 610.140.11 and 610.141).
In force since: August 28, 2026
No state 7-year rule. Since August 28, 2026 (SB 1421), records of arrests, indictments pending trial, and convictions may no longer be reported once it is learned that a full pardon or expungement was granted, or that an arrest or indictment did not end in a conviction (RSMo 610.143.1). The attorney general may sue for an injunction and damages, and an affected consumer may get an injunction. On inquiries: a person whose record was expunged by petition may answer ‘no’ to an employer’s question about arrests, charges, or convictions if no public record remains (610.140.11). For offenses expunged automatically under 610.141, no inquiry may be made about the expungement at all, and the person need not disclose it (610.141.1(7)). Exceptions: the person must disclose an expunged offense when applying to a federally insured bank or credit union, an insurer subject to 18 U.S.C. 1033, or an entity allowed to see closed records under 610.120 (610.143.5), or when law requires the employer to exclude people with certain convictions (610.140.11).
Exceptions
- 610.140.11 and 610.143.5: disclosure still required for federally insured banks and credit unions, insurers under 18 U.S.C. 1033-1034, entities with access to closed records under 610.120, and positions where law requires excluding certain convictions
RSMo 610.140.11 (version effective January 1, 2025) · RSMo chapter 407 section list (Merchandising Practices) · RSMo 610.143.1 (L. 2026 SB 1421; effective August 28, 2026) · RSMo 610.141.1(7) (L. 2026 SB 1421), truly agreed bill text · RSMo 610.143.5 (L. 2026 SB 1421)
Sealed and expunged records
Who it covers: All employers.
In force since: August 28, 2026
Two tracks. (1) Petition: a person may petition 3 years after completing a felony sentence or 1 year after a misdemeanor, with lifetime limits of 2 felonies and 3 misdemeanors (610.140). (2) Automatic: SB 1421 (signed July 9, 2026) adds petition-free expungement by the Highway Patrol’s central repository, screened at least weekly, for drug possession and paraphernalia convictions only (195.202 and 195.233 as they existed before 2017; 579.015; 579.074). An offense qualifies if it is the only conviction in the case, 1 year (misdemeanor) or 3 years (felony) have passed since final disposition with no new conviction in that time, no charges are pending, and it is not a class A felony. It applies retroactively to electronic records. The section took effect August 28, 2026 but runs ‘when technically feasible’, and no later than January 1, 2027. The automatic and petition tracks share the 3-misdemeanor and 2-felony lifetime cap. Marijuana offenses were expunged automatically under the 2022 constitutional amendment. An employer, volunteer organization, or landlord that engages a person with an expunged record is immune from claims about misconduct related to the expunged record, unless it failed to use reasonable care (610.143.4).
Exceptions
- 610.140: listed offenses are never eligible (not re-read this pass)
- Mo. Const. art. XIV sec. 2.10(8): distribution to a minor, violent offenses, and driving under the influence are excluded from automatic marijuana expungement
RSMo 610.140.6(1) · RSMo 610.140.13 · Mo. Const. art. XIV sec. 2.10(8)(a) · RSMo 610.141.1(6) (qualifying offenses), truly agreed SB 1421 · RSMo 610.141.1(3)(d) · RSMo 610.141.10 (operative date) · RSMo 610.141.10, truly agreed SB 1421 · RSMo 610.143.4 (employer immunity) · SB 1421 (2026) action history
Cannabis use and testing
Who it covers: All employers.
In force since: December 8, 2022
Medical cardholders are protected; adult-use consumers are not. Under the constitution, an employer may not discriminate in hiring, firing, or any term of employment against a qualifying patient or caregiver with a valid card, including for legal off-premises use during nonworking hours, or because of a positive marijuana test, unless the person used, possessed, or was under the influence at work or during work hours, unless the employer would lose a federal monetary or licensing benefit, or unless the position is one where cannabis use affects job duties or safety or conflicts with a bona fide occupational qualification. For adult use, the constitution requires no accommodation and lets employers discipline or take adverse action for working while under the influence; it gives no off-duty protection and no testing limit. Missouri’s off-duty statute (290.145) covers alcohol and tobacco only.
Exceptions
- Art. XIV sec. 1.7(15): use or impairment on the premises or during work hours; loss of a federal monetary or licensing benefit; positions where use affects duties or safety or conflicts with a bona fide occupational qualification
- Art. XIV sec. 2.3(3): no duty to permit or accommodate adult use; discipline for working while under the influence
Mo. Const. art. XIV sec. 1.7(15) · Mo. Const. art. XIV sec. 1.7(15)(a) · Mo. Const. art. XIV sec. 1.7(15)(b) · Mo. Const. art. XIV sec. 2.3(3) · Mo. Const. art. XIV sec. 2 (revisor effective-date line)
The state consumer reporting law
Who it covers: N/a
No state consumer reporting act. Missouri has no extra disclosure or authorization form, no investigative-report rule, and no CRA registration. Two 2026 changes touch CRAs: RSMo 610.143 bars reporting pardoned, expunged, or non-conviction records (see reporting_limits), and 610.141.11 lets a CRA get data from the Highway Patrol to delete automatically expunged records, if it signs a use-and-destroy agreement. The Highway Patrol’s fee for a name-based state record check may now reach $20 (43.530.1).
RSMo chapter 407 section list · RSMo 610.141.11 (L. 2026 SB 1421) · RSMo 43.530.1 (as amended by SB 1421; effective August 28, 2026)
Where federal law alone applies
We found no Missouri rule for private employers on these topics. The FCRA and other federal laws still apply.
- Criminal history questions
- Credit checks
- Salary history
- Drug testing procedures
Local rules
Some places in Missouri add their own rules. A local rule applies on top of the state rule.
- Kansas City (city). Employers with 6 or more employees (City Code sec. 38-1 definition). Criminal history: no inquiry until the applicant is found otherwise qualified and has been interviewed (it may then go to the whole final selection pool), and a hiring or promotion decision may rest on the record only after considering its frequency, recentness, and severity and its relation to the job (sec. 38-104; Ord. 180034, effective June 9, 2018). Salary history: no inquiry, screening, or reliance on salary history; exceptions for voluntary disclosure, internal transfers, and some rehires (sec. 38-102; Ord. 190380, May 23, 2019). Ord. 241074 (January 16, 2025) added ‘criminal history status’ to the city’s civil rights definitions; in the code as read it appears in the housing and lending practices, not in the employment section 38-103.
Kansas City Code of Ordinances ch. 38 art. III div. 1 secs. 38-102 and 38-104; Ord. 180034 (eff. June 9, 2018); Ord. 190380 (May 23, 2019); Ord. 241074 (January 16, 2025) - St. Louis (city). Employers located in the city with 10 or more employees may not ask about criminal history on the application or before an interview, and may not base a decision on it unless the history is reasonably related to the job (Ord. 71074, ‘Ban the Box’, effective January 1, 2021; Revised Code ch. 8.120).
City of St. Louis Ordinance 71074 (approved January 27, 2020; effective January 1, 2021); Revised Code ch. 8.120 - Columbia (city). All employers in the city may not ask about criminal history until after a conditional offer and may not base a decision on it unless it is reasonably related to the job (Code ch. 12 art. V secs. 12-90 to 12-94, Ord. 22286, adopted December 1, 2014). No employer-size threshold.
Columbia City Code ch. 12 art. V 'Employment Opportunities for Qualified Applicants' secs. 12-90 to 12-94 (Ord. 22286, December 1, 2014)
Coming changes
Laws already passed that take effect later.
- From January 1, 2027. SB 1421 (2026) automatic expungement (RSMo 610.141): the statute took effect August 28, 2026, but the weekly automated expungement runs only ‘when technically feasible’, and no later than January 1, 2027. Covers drug possession and paraphernalia convictions only.
CCS SS SB 1421 (2026), RSMo 610.141.10; signed July 9, 2026
Every state’s changes, in date order: What changed.
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Missouri requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Missouri sets these for each new hire.
- State withholding. Have each new hire complete Form MO W-4; if the employee does not turn one in, withhold at the single rate. Form MO W-4
- New hire report. Report each new hire to Missouri within 20 days. State new hire reporting
- Notices at hire. Missouri adds none beyond the federal forms that every employer gives.
Build the new hire checklist for Missouri, with city rules, special cases and a due date for each item.
Sources
- RSMo 610.140.11 (version effective January 1, 2025)
- RSMo chapter 407 section list (Merchandising Practices)
- RSMo 610.143.1 (L. 2026 SB 1421; effective August 28, 2026)
- RSMo 610.141.1(7) (L. 2026 SB 1421), truly agreed bill text
- Mo. Const. art. XIV sec. 2.10(8)(a)
- RSMo 610.141.10 (operative date)
- SB 1421 (2026) action history
- Mo. Const. art. XIV sec. 1.7(15)
- RSMo 43.530.1 (as amended by SB 1421; effective August 28, 2026)
- Kansas City Code of Ordinances ch. 38 art. III div. 1 secs. 38-102 and 38-104; Ord. 180034 (eff. June 9, 2018); Ord. 190380 (May 23, 2019); Ord. 241074 (January 16, 2025)
- City of St. Louis Ordinance 71074 (approved January 27, 2020; effective January 1, 2021); Revised Code ch. 8.120
- Columbia City Code ch. 12 art. V ‘Employment Opportunities for Qualified Applicants’ secs. 12-90 to 12-94 (Ord. 22286, December 1, 2014)
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.