Missouri employers run background checks under two layers of rules. The federal Fair Credit Reporting Act sets the baseline for any employer that uses a third party consumer reporting agency to screen applicants. Missouri law then adds its own pieces on top, including a ban the box policy for state agencies, an expungement statute that changes what a court record shows, fingerprint based checks run through the state police, and a registry requirement for certain healthcare and childcare workers. None of this is legal advice, and employers in regulated industries or with multi-state workforces should talk to counsel before changing a hiring policy.
The federal floor: FCRA basics
If a Missouri employer orders a background check through a consumer reporting agency rather than doing the digging itself, the Fair Credit Reporting Act applies. The statute, codified at 15 U.S.C. 1681b, limits the “permissible purposes” for which a report can be obtained and requires the employer to certify to the reporting agency that it will follow the law. In practice that means an employer must give the applicant a clear, standalone written disclosure that a background check will be obtained, get the applicant’s written authorization, and, if the employer plans to take an adverse action based on the report, first send a pre-adverse action notice with a copy of the report and the Summary of Rights, then wait a reasonable period before any adverse action notice is sent. Federal Trade Commission rules implementing the Fair Credit Reporting Act are compiled at 16 CFR Part 600. These federal steps apply regardless of what state the employer or applicant is in, and Missouri does not relax them.
Missouri’s ban the box order and what it does not cover
Missouri’s main “ban the box” action is a governor’s executive order, not a statute, and it only binds executive branch state agencies. Executive Order 16-04, signed in 2016, directs state departments, agencies, boards and commissions under the governor’s authority to remove criminal history questions from initial employment applications unless a criminal history would make the applicant ineligible for the position outright. The order is explicit that it does not prevent a criminal background check as a condition of employment, it only delays the question of criminal history to later in the hiring process. Because this is an executive order aimed at the executive branch, it generally does not reach private employers, municipalities, or other units of state government outside the governor’s direct authority. Private Missouri employers that want to delay criminal history questions can choose to do so voluntarily, but state law does not currently require it of them the way some other states require of private employers statewide.
Expungement under RSMo 610.140
Missouri’s expungement statute, RSMo 610.140, lets a person petition a court to expunge records of an arrest, plea, trial or conviction for many, though not all, Missouri crimes. Certain offenses are excluded outright, including class A felonies, offenses that require sex offender registration, most violent and sexual offenses, and intoxicated driving offenses, among others listed in the statute. A person generally cannot petition until at least one year after completing the sentence for a misdemeanor or at least three years for a felony, and the statute caps how many expungements a person may receive in a lifetime.
The practical effect for an employer is important. Once a court grants expungement, the applicant may lawfully answer “no” to a question asking whether they have ever been arrested, charged or convicted of a crime, so long as no public record remains. An expunged conviction cannot be the sole, automatic basis for disqualifying an applicant, though it can still be weighed as one factor in a hiring decision in most cases. The statute carves out exceptions where disclosure is still required, including jobs with a federally insured bank or credit union, insurance industry positions subject to federal licensing bars, and positions where state or federal law requires exclusion of people with certain convictions. Employers that rely on a background check vendor should expect that an expunged record will generally not appear, since the statute directs the central repository and agencies holding the records to close them.
Fingerprint based checks through MACHS
Missouri’s primary statewide criminal history mechanism for employers and licensing bodies is the Missouri Automated Criminal History Site, known as MACHS, operated by the Missouri State Highway Patrol’s Criminal Records and Identification Division. MACHS lets registered requesters, including many employers and occupational licensing boards, submit name based or fingerprint based criminal history requests and receive results drawn from the state’s central repository. Fingerprint based checks, which can also be forwarded to the FBI for a national criminal history check, are commonly required for occupations covered by statute or administrative rule, such as several healthcare, childcare, education and public safety roles. General employers that are not subject to a statutory fingerprinting requirement typically rely on name based checks or a licensed consumer reporting agency instead. Access to MACHS is through the MACHS online portal, and the specific documentation and fingerprint card requirements vary by requester type.
Family Care Safety Registry for healthcare and childcare
Employers that hire for certain healthcare, childcare, elder care, or in home services positions in Missouri may also need to check the Family Care Safety Registry, maintained by the Missouri Department of Health and Senior Services. The registry compiles information from multiple sources, including criminal record information, and is used by qualified entities, such as childcare providers, nursing agencies, and certain Medicaid funded programs, to screen employees and contractors who will have contact with children, the elderly, or people with disabilities. Registration and the specific screening obligation generally attaches to the employer type and the funding source for the position, so an employer in a covered category should confirm its own registry requirement rather than assume it is optional.
Medical marijuana and Missouri’s employment protections
Missouri’s medical marijuana program is part of Article XIV of the Missouri Constitution, administered by the Department of Health and Senior Services. The constitutional text, available in full at Article XIV, Missouri Constitution, gives qualifying patients some employment protections but leaves significant room for employers. An employer generally may not discriminate in hiring, termination, or any term of employment based solely on an applicant’s status as a registered qualifying patient or caregiver, or based solely on a positive drug test for marijuana metabolites from a cardholder, as long as the person was not under the influence of marijuana on the employer’s premises or during work hours. At the same time, the constitution is equally explicit that an employer is not required to accommodate marijuana use or being under the influence in the workplace, may still discipline or terminate an employee for working under the influence, and may maintain drug free workplace policies, including for positions where impairment affects safety or a bona fide occupational qualification. Employers that would lose a monetary or licensing benefit under federal law by employing a cardholder are also not required to make an exception. Because this area overlaps drug testing policy, safety sensitive positions, and federal contractor rules, it is a good area to involve counsel before drafting a policy.
What can be reported and when
| Record type | Generally reportable to a Missouri employer | Key limits |
|---|---|---|
| Pending criminal charges | Yes, through a consumer report or MACHS record | FCRA disclosure, authorization, and adverse action steps still apply |
| Criminal conviction | Yes | No federal seven year cap on criminal convictions under the FCRA itself, but accuracy and relevance obligations apply |
| Expunged record under RSMo 610.140 | Generally no | Applicant may answer “no” once expunged, with statutory exceptions for certain regulated jobs |
| Arrest with no conviction | Varies | EEOC guidance cautions that an arrest alone is not proof of conduct; employers should assess job relatedness |
| Positive marijuana test from a registered cardholder | Employer may still act if impairment occurred at work or the role is safety sensitive | Article XIV, Section 1 limits adverse action based solely on off duty, off premises lawful use |
| Family Care Safety Registry history | Yes, for covered childcare, elder care and healthcare employers | Applies to qualified entities as defined by the registry’s enabling law |
EEOC considerations when using criminal records
Even where a conviction or arrest record is accurate and legally obtainable, using it to deny employment can raise discrimination concerns under Title VII of the Civil Rights Act if it has a disproportionate effect on a protected group and is not job related. The U.S. Equal Employment Opportunity Commission’s current guidance on criminal records explains that a blanket policy excluding anyone with any criminal record is risky, and that employers are generally better served by considering the nature of the offense, how long ago it occurred, and its relationship to the specific job. This is a federal, nationwide consideration that applies on top of, not instead of, Missouri’s own rules.
FCRA steps, in order
| Step | What it requires |
|---|---|
| 1. Standalone disclosure | A clear written notice, in a document consisting solely of the disclosure, that a background check may be obtained |
| 2. Written authorization | The applicant’s signed consent before the report is ordered |
| 3. Order the report | Obtained from a consumer reporting agency for a permissible purpose, such as employment screening |
| 4. Pre-adverse action notice | Sent before any adverse decision, with a copy of the report and the Summary of Rights |
| 5. Reasonable waiting period | Time for the applicant to review and dispute the report before a final decision |
| 6. Adverse action notice | Sent if the employer proceeds with the adverse decision, identifying the reporting agency and the applicant’s rights |
For a closer look at how that notice sequence works in practice, see The FCRA Adverse Action Process: A Step by Step Guide for Employers. Employers weighing whether to adopt a ban the box style policy beyond what state law requires may also find Ban the Box and Fair Chance Hiring Laws: An Employer Guide useful background on how these policies work in states that have gone further than Missouri.
Frequently asked questions
Does Missouri have a statewide ban the box law for private employers?
No. Missouri’s ban the box policy is a governor’s executive order that applies to executive branch state agencies, not a statute binding private employers statewide. Private employers may choose to delay criminal history questions voluntarily, but Missouri does not currently require it of them.
Can a Missouri employer ask about an expunged conviction?
An employer may ask, but once a court has granted expungement under RSMo 610.140, the applicant may generally answer that they have not been arrested, charged or convicted, except where the statute requires disclosure for specific regulated positions such as banking, insurance, or jobs that must exclude certain convictions under federal or state law.
What is MACHS and who can use it?
MACHS, the Missouri Automated Criminal History Site, is the state’s online system for requesting criminal history information from the Missouri State Highway Patrol’s central repository, including fingerprint based checks for employers and licensing bodies that are authorized to request them.
Can a Missouri employer refuse to hire someone who uses medical marijuana legally?
Article XIV of the Missouri Constitution limits adverse action based solely on lawful off premises, off duty medical marijuana use by a registered cardholder, but it does not require an employer to accommodate impairment at work and does not prevent discipline for working under the influence or enforcement of a drug free workplace policy, particularly in safety sensitive roles.
Does the FCRA set a seven year limit on reporting Missouri criminal convictions?
The FCRA’s seven year reporting limits apply to certain non-conviction items such as civil suits, civil judgments, and records of arrest that did not lead to conviction; it does not impose a nationwide seven year cap on reporting criminal convictions themselves, and state law can vary on related points, so employers should confirm the current rule with a qualified source rather than assume one standard applies everywhere.
Who has to check the Family Care Safety Registry?
Qualified entities as defined under the registry’s enabling law, generally childcare providers, in home service providers, and certain healthcare and elder care employers and programs, are expected to check the registry; employers outside those categories should confirm their own obligation with the Department of Health and Senior Services rather than assume it applies.
Ready to build a Missouri hiring process that follows the federal and state steps in order? Reveal Background can help structure compliant disclosure, authorization, and adverse action workflows.
This article is general information, not legal advice. Missouri and federal background check rules can change, and specific facts matter, so consult a qualified attorney before adopting or changing a background screening policy.
