Can a Missouri employer ask about criminal history on a job application?

Private employers can ask about criminal history at any point, including on the application. Missouri's ban-the-box policy applies only to state government employers, not private companies. However, some cities like Kansas City and St. Louis may have local ordinances limiting when employers can ask.

Can I get my record expunged in Missouri?

Possibly. Missouri's expungement statute (RSMo § 610.140) covers a wide range of offenses. Misdemeanors and ordinance violations are eligible 3 years after completing the sentence. Felonies are eligible 7 years after completing the sentence. Certain serious offenses — including Class A felonies, dangerous felonies, sexual offenses, and offenses requiring registration — are not eligible.

What offenses are NOT eligible for expungement in Missouri?

Offenses that cannot be expunged include: Class A felonies, dangerous felonies (as defined in RSMo § 556.061), sex offenses requiring registration, offenses against a minor, DWI-related offenses, domestic assault, and certain other violent offenses. If your offense is not on the statutory exclusion list, it is likely eligible after the waiting period.

How do I file for expungement in Missouri?

You must file a petition with the court in the circuit where you were convicted. The petition must include information about the offense, your sentence, and your rehabilitation. There is a filing fee. The court will set a hearing, and the prosecuting attorney has the opportunity to object. You must show that you have not been convicted of any other offenses during the waiting period and that expungement is consistent with public welfare.

Will an expunged record show up on a background check in Missouri?

No. Once a record is expunged in Missouri, it is closed and inaccessible to the general public and most employers. The records are not destroyed but are removed from public access. You are legally allowed to answer 'no' when asked if you have been convicted of the expunged offense, with limited exceptions for certain professional licensing inquiries.

Does Missouri have any plans for a Clean Slate law?

As of early 2026, Missouri has not enacted Clean Slate legislation for automatic record sealing. Advocacy groups have discussed the possibility, but no bill has been introduced. The state's relatively broad expungement statute provides some relief, though it still requires individuals to navigate the petition process on their own.

Can Kansas City or St. Louis employers ask about my record differently?

Possibly. Some Missouri cities have adopted their own local fair-chance hiring ordinances that go beyond state law. Kansas City, for example, has passed local ban-the-box legislation covering certain employers. Check your local city or county ordinances for additional protections that may apply in your area.

Missouri Background Check Laws

No state lookback limitLast updated: 2026-04-01

Missouri has no state-level time limit on reporting convictions — they can appear indefinitely on background checks. Ban-the-box applies to public employers only. No Clean Slate law, but Missouri has a broad expungement statute covering many offenses.

Overview

Missouri offers limited background check protections beyond federal FCRA defaults. Convictions can be reported indefinitely by consumer reporting agencies. The state has a ban-the-box policy for public employers but no such requirement for private employers. Missouri does not have a Clean Slate law, but it does have an expungement statute (RSMo § 610.140) that was significantly expanded in 2018, allowing expungement of a wider range of offenses after waiting periods. For people rebuilding their lives in Missouri, pursuing expungement of eligible offenses is often the most effective path forward.

How Far Back Does a Background Check Go in Missouri?

Record Type	Rule in Missouri
Felony Convictions	Felony convictions can be reported indefinitely. There is no state law limiting how far back a felony conviction can appear on a background check.
Misdemeanor Convictions	Misdemeanor convictions can be reported indefinitely under Missouri law. There is no state-imposed time limit.
All Convictions	No state lookback limit. Under federal FCRA rules, consumer reporting agencies can report convictions indefinitely. Missouri does not impose any additional state-level time restrictions on reporting convictions.
Arrests (No Conviction)	Non-conviction arrest records are limited to 7 years under federal FCRA rules (15 U.S.C. § 1681c(a)(2)). Missouri does not impose additional state-level restrictions beyond the federal standard.
Pending Cases	Pending criminal cases can be reported by consumer reporting agencies as they represent active court matters.

Ban the Box / Fair Chance

Yes

Missouri has a ban-the-box policy for state government employers only. State agencies cannot inquire about criminal history on the initial job application for most positions. This policy does NOT extend to private employers, who remain free to ask about criminal history at any point in the hiring process. Some local jurisdictions (like Kansas City and St. Louis) may have their own local ban-the-box ordinances.

Effective: 2016-09-14

Clean Slate / Auto-Sealing

No Clean Slate law

Missouri does not have a Clean Slate (automatic record sealing) law. There is no automatic process for sealing or expunging criminal records. However, Missouri's expungement statute (RSMo § 610.140), significantly expanded in 2018, allows petition-based expungement for a wide range of offenses after specified waiting periods.

What Employers Can Do in Missouri

When can employers ask about criminal history?: Private employers can ask about criminal history at any point in the hiring process, including on the initial application. State government employers must wait until later in the process under the executive order ban-the-box policy.
What can they consider?: Employers can consider the full criminal history of an applicant without state-imposed time limitations. There are no Missouri-specific requirements for individualized assessment, though federal anti-discrimination law (Title VII) still applies. Expunged records should not appear on background checks and cannot legally be considered.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Missouri

Missouri Expungement Statute (RSMo § 610.140)(2018)
Allows petition-based expungement of certain criminal offenses after waiting periods. Significantly expanded in 2018 to cover most offenses not on the exclusion list. Misdemeanors and ordinance violations eligible after 3 years; felonies after 7 years.
Missouri Executive Order (Ban-the-Box for State Employers)(2016)
Restricts state government agencies from asking about criminal history on initial job applications for most positions. Does not apply to private employers.
Federal Fair Credit Reporting Act (15 U.S.C. § 1681)
The primary governing law for background checks in Missouri, since the state adds few additional protections. Allows indefinite reporting of convictions and limits non-conviction arrest reporting to 7 years.

Frequently Asked Questions — Missouri

How far back does a background check go in Missouri?: There is no state limit in Missouri. Consumer reporting agencies can report convictions indefinitely under federal FCRA rules. Arrests that did not lead to a conviction are limited to 7 years under federal law, but convictions have no time limit.
Can a Missouri employer ask about criminal history on a job application?: Private employers can ask about criminal history at any point, including on the application. Missouri's ban-the-box policy applies only to state government employers, not private companies. However, some cities like Kansas City and St. Louis may have local ordinances limiting when employers can ask.
Can I get my record expunged in Missouri?: Possibly. Missouri's expungement statute (RSMo § 610.140) covers a wide range of offenses. Misdemeanors and ordinance violations are eligible 3 years after completing the sentence. Felonies are eligible 7 years after completing the sentence. Certain serious offenses — including Class A felonies, dangerous felonies, sexual offenses, and offenses requiring registration — are not eligible.
What offenses are NOT eligible for expungement in Missouri?: Offenses that cannot be expunged include: Class A felonies, dangerous felonies (as defined in RSMo § 556.061), sex offenses requiring registration, offenses against a minor, DWI-related offenses, domestic assault, and certain other violent offenses. If your offense is not on the statutory exclusion list, it is likely eligible after the waiting period.
How do I file for expungement in Missouri?: You must file a petition with the court in the circuit where you were convicted. The petition must include information about the offense, your sentence, and your rehabilitation. There is a filing fee. The court will set a hearing, and the prosecuting attorney has the opportunity to object. You must show that you have not been convicted of any other offenses during the waiting period and that expungement is consistent with public welfare.
Will an expunged record show up on a background check in Missouri?: No. Once a record is expunged in Missouri, it is closed and inaccessible to the general public and most employers. The records are not destroyed but are removed from public access. You are legally allowed to answer 'no' when asked if you have been convicted of the expunged offense, with limited exceptions for certain professional licensing inquiries.
Does Missouri have any plans for a Clean Slate law?: As of early 2026, Missouri has not enacted Clean Slate legislation for automatic record sealing. Advocacy groups have discussed the possibility, but no bill has been introduced. The state's relatively broad expungement statute provides some relief, though it still requires individuals to navigate the petition process on their own.
Can Kansas City or St. Louis employers ask about my record differently?: Possibly. Some Missouri cities have adopted their own local fair-chance hiring ordinances that go beyond state law. Kansas City, for example, has passed local ban-the-box legislation covering certain employers. Check your local city or county ordinances for additional protections that may apply in your area.

Missouri Resources

Missouri Courts — Expungement Information
Official Missouri courts page with forms, eligibility information, and instructions for filing an expungement petition.
Legal Services of Eastern Missouri
Free legal assistance for low-income individuals in the St. Louis region, including help with expungement and criminal record issues.
Legal Aid of Western Missouri
Free legal services for eligible individuals in western Missouri, including assistance with expungement petitions.
Missouri State Highway Patrol — Criminal Records
Request your own Missouri criminal history record to see what appears on your background check.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Missouri for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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