Employee Background Check Laws in Missouri

The Fair Credit Reporting Act (FCRA), 42 U.S.C. § 1681 et seq., is the primary federal law governing background checks. Under FCRA § 1681b, employers must obtain clear, conspicuous written authorization from the applicant before obtaining a consumer report (background check). The authorization must be separate from other documents and cannot be buried in an employment application. The employer must also provide clear disclosure of the background check process in writing before taking adverse action.

FCRA § 1681e(b) requires consumer reporting agencies and employers using them to follow reasonable procedures to ensure maximum possible accuracy. If an employer intends to deny employment based on background check information, it must first provide the applicant with a pre-adverse action notice including a copy of the report and the applicant's rights under FCRA § 1681g. The applicant then has a reasonable opportunity to dispute the accuracy of the information.

If the employer decides to proceed with the adverse action, it must provide a final adverse action notice. The EEOC enforces FCRA compliance for discrimination claims, while the Federal Trade Commission (FTC) enforces general FCRA violations. Background checks cannot be used to discriminate based on protected characteristics like race, color, religion, sex, or national origin under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e.

Missouri law adds specific protections for applicants, particularly regarding conviction history. Missouri Revised Statutes § 290.646 prohibits public and private employers from considering non-violent felony convictions during hiring decisions unless the conviction is directly related to the job or poses a direct safety threat. This statute applies to convictions that occurred more than seven years before the employment application. Non-violent felonies include offenses that do not involve force or threat of force against a person.

Missouri does not have a separate comprehensive background check statute beyond FCRA compliance, meaning the state largely follows federal rules. However, Missouri's convictions law creates a meaningful state-level protection that goes beyond federal discrimination law. Federal law (specifically Title VII and the EEOC Guidance on conviction records) allows employers to consider some conviction histories, but Missouri's seven-year lookback rule and non-violent felony carve-out provide stronger protections.

Missouri employers are covered by both federal and state law regardless of size for FCRA compliance. However, Missouri's conviction record limitation (§ 290.646) applies to all employers with four or more employees on any one day during a 20-week period. Employers in Missouri must comply with both FCRA disclosure and authorization requirements and must also ensure they are not improperly considering conviction history outside the scope allowed by state law.

Missouri does not provide a private right of action under § 290.646, meaning applicants cannot sue directly. Instead, enforcement occurs through the Missouri Attorney General's office. However, applicants can still bring FCRA claims in federal court if background check procedures violate federal requirements.

Missouri law contains important exceptions to the non-violent felony protection. First, violent felonies and crimes of moral turpitude are not protected under § 290.646, meaning employers can always consider these convictions regardless of age. Second, certain professional licenses may have their own background check rules that supersede state law, including healthcare licenses, financial licenses, and law enforcement positions.

Third, the protection does not apply if the conviction is directly related to the job responsibilities. For example, a conviction for embezzlement may be directly related to a accounting position, or a conviction for assault may be directly related to a security position. The employer must demonstrate a direct relationship between the conviction and the job. Fourth, if the conviction poses a direct safety threat to customers, employees, or property, the employer may consider it even if it is older than seven years.

FCRA also contains exceptions: employers do not need written authorization if obtaining a consumer report for a promotion of an existing employee in limited circumstances, though best practice is always to obtain authorization. Background checks for certain positions—such as childcare, elder care, and positions handling controlled substances—may be subject to industry-specific federal requirements that override FCRA's standard rules. Additionally, employers subject to the Fair Credit Reporting Act Adverse Action Rule must provide accurate written disclosure; failure to do so creates legal liability but does not prevent the adverse action if properly corrected.

Step 1 — Document Everything. Keep copies of the written authorization you signed before the background check was run. Save all communications from the employer about the background check process. Take screenshots or print emails showing when you were informed about the check and what it would cover. Document the date the employer received the background check results. Keep records of your job application, resume, and any pre-employment materials. Save any job posting or job description to establish what the position required.

Step 2 — Request Internal Review and Dispute (if applicable). If you believe the background check contains inaccurate information, contact the employer immediately in writing and request to review the report and dispute specific findings. Ask the employer to provide you with a copy of the background check report under FCRA § 1681g. Keep this request in writing (email, certified mail). The employer should provide this within a reasonable time. Do not wait for external complaints; internal escalation can sometimes resolve errors quickly and may be required before formal filing.

Step 3 — File with the Correct Agency. For FCRA violations (improper authorization, lack of disclosure, inaccurate information), file a complaint with the Federal Trade Commission (FTC) at reportfraud.ftc.gov or file a private lawsuit in federal court. For Missouri-specific convictions law violations (improper consideration of old non-violent felonies), file a complaint with the Missouri Attorney General's Consumer Protection Division at 573-751-3321 or online at ago.mo.gov. Include your name, contact information, the employer's name and address, dates of application and background check, and detailed description of how the law was violated.

Step 4 — Understand the Investigation Process. The FTC investigates FCRA complaints but does not provide individual case updates or compensation to complainants; instead, it uses complaints to identify patterns and take enforcement action against consumer reporting agencies. If filing directly in federal court, expect discovery where both sides exchange documents, depositions, and potentially a trial. The Missouri Attorney General's office investigates convictions law complaints but rarely provides direct compensation to individuals. Expect a 30-90 day review period before receiving a response. You may receive a determination letter but no guaranteed remedy unless the Attorney General pursues enforcement.

Step 5 — Consult an Attorney and Determine Next Steps. Contact an employment attorney in Missouri if (1) the background check directly denied you a job you were otherwise qualified for, (2) the employer violated FCRA procedures multiple times or egregiously, (3) you have evidence the background check was used to discriminate against you based on race or other protected characteristics, or (4) the violation caused documented financial harm or reputational damage. An employment attorney can file a private FCRA lawsuit in federal district court, which allows you to recover actual damages, statutory damages up to $1,000, and attorney fees. For Missouri convictions law violations, an attorney can help document the pattern of the violation and escalate to the Attorney General.