In Missouri, criminal background checks generally do not have specific state-imposed time limits on how far back they can go; instead, they primarily adhere to the regulations set forth by federal law, specifically the Fair Credit Reporting Act (FCRA).
Understanding the Role of the FCRA
The FCRA is a key federal law that governs how consumer reporting agencies handle consumer information, including criminal records used for employment and other purposes.
- Seven-Year Rule for Non-Convictions: For most employment background checks, the FCRA typically limits the reporting of non-conviction information—such as arrests that did not lead to a conviction, charges that were dismissed, or expunged records—to a period of seven years. This limitation generally applies to positions with an annual salary below $75,000.
- Convictions: Crucially, the FCRA does not impose a time limit on how far back criminal convictions can be reported for employment purposes. This means that convictions can often be reported indefinitely, especially for jobs with salaries exceeding $75,000. Many employers will report all convictions regardless of salary due to the absence of a federal reporting limitation on convictions.
Missouri's Specific Stance
Missouri itself has not enacted state-specific laws that further restrict the reporting period for criminal records beyond what the FCRA stipulates. This means that if a criminal record is reportable under FCRA guidelines, it is generally reportable in Missouri. However, it's important to note that certain specific state laws pertaining to particular types of licenses or professions (e.g., childcare, healthcare) might have their own distinct requirements for background checks that could extend or narrow the scope.
Types of Information Typically Checked
A comprehensive criminal background check in Missouri, like in other states, commonly seeks to uncover:
- Felony and Misdemeanor Convictions: These are the most common and often indefinitely reportable records.
- Pending Charges: Information on ongoing legal cases.
- Arrests: Subject to the FCRA's seven-year reporting limit if they did not result in a conviction.
- Warrants: Active warrants for arrest.
- Sex Offender Registrations: Information from state and national registries.
Variations Based on Purpose
The depth and duration of a criminal background check can vary significantly depending on its specific purpose:
- Employment Background Checks: Primarily governed by FCRA. However, certain sensitive roles (e.g., those involving children, vulnerable populations, or positions requiring specific state-issued licenses like nursing or teaching) may be subject to additional state or federal laws that permit or require more extensive historical checks, sometimes beyond the general FCRA guidelines.
- Housing Applications: Landlords may conduct criminal background checks, and similar FCRA regulations apply to how they use consumer reports for tenancy decisions.
- Professional Licensing: Obtaining licenses in fields like law enforcement, medicine, or finance often involves rigorous background checks that can delve much deeper into an applicant's past, as mandated by specific state regulatory bodies.
Comparative State Overview
While Missouri relies on federal guidelines, it's illustrative to see how some other states approach criminal background check limitations:
| State | General Criminal Background Check Limitations |
|---|---|
| Missouri | No specific state limitations beyond the FCRA. This means convictions can generally be reported indefinitely, while non-conviction records are typically limited to seven years for most employment checks. |
| Montana | No specific state limitations beyond FCRA. |
| Nebraska | Seven years. |
| Nevada | Seven years. |
Practical Insights for Individuals
- Know Your Rights: Understanding your rights under the FCRA is essential. You have the right to receive a copy of your background check report and to dispute any inaccuracies found.
- Expungement and Sealing: Missouri law provides avenues for certain criminal records to be expunged or sealed, which can limit their visibility in future background checks. The eligibility for such processes depends on specific criteria outlined in state statutes.
- "Ban the Box" Policies: While Missouri does not have a statewide "Ban the Box" law for private employers, some localities may have ordinances that delay inquiries about an applicant's criminal history until later in the hiring process.
In summary, the reach of a criminal background check in Missouri is primarily determined by the Fair Credit Reporting Act, allowing for the indefinite reporting of convictions while generally limiting non-conviction information to a seven-year period, unless specific state or federal laws for particular sensitive positions dictate otherwise.
