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Background check errors · 2 federal districts

Background Check Error Lawsuits in Missouri

Missouri has no state consumer reporting law for background checks, and no statewide tenant screening statute. The federal FCRA sets the main rules. A screening company must use reasonable procedures for maximum possible accuracy. An employer must get your written permission before ordering a report and must give you a copy before taking adverse action based on it.

Missouri's fair-chance hiring rules depend on where you work. The National Employment Law Project lists a 2016 statewide policy that covers public employment only. Kansas City, St. Louis and Columbia have local ordinances that extend fair-chance hiring rules to private employers. Outside those cities, private employers may ask about criminal history on an application.

Expungement is changing in Missouri. Under Mo. Rev. Stat. § 610.140, people can already petition to expunge many offenses after waiting one year for misdemeanors or three years for felonies. With some exceptions, they can then answer no when an employer asks about arrests or convictions. A 2026 law, Senate Bill 1421, creates an automatic expungement process. According to St. Louis Public Radio, the Missouri State Highway Patrol is set to begin automatic sealing of eligible drug offense records on January 1, 2027. If a background check reports a record that has been expunged, the report may be inaccurate under the FCRA.

Where Missouri FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Missouri are heard in 2 federal districts:

  • Eastern District of MissouriCourthouses: St. Louis, Cape Girardeau, Hannibal.Filed with local or cooperating counsel
  • Western District of MissouriCourthouses: Kansas City, Jefferson City, Springfield.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Which court is right depends on your facts. We'll tell you at your free case review.

Missouri laws that add to the FCRA

  • Missouri expungement statute (Mo. Rev. Stat. § 610.140)
    Allows petitions to expunge many offenses after one year for misdemeanors and three years for felonies, with lifetime limits. After expungement, a person can generally answer no to employer questions about the record, except for certain licenses and regulated jobs such as banking, insurance, gaming and law enforcement. Read it

Common background check errors

  • Someone else's criminal or eviction record matched to you by name
  • Dismissed, sealed or expunged cases still reported
  • Charges reported as convictions, or misdemeanors as felonies
  • The same case listed several times
  • Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Missouri employer ask about my criminal record on a job application?

It depends on the employer and the city. A statewide policy covers public employment, and Kansas City, St. Louis and Columbia have ordinances that reach private employers. Elsewhere, private employers may ask, but the FCRA still governs any background check they order.

Do I have to disclose an expunged Missouri conviction to an employer?

Generally no. Mo. Rev. Stat. § 610.140 lets a person with an expunged record answer no when an employer asks about arrests or convictions. There are exceptions, including some state licenses and jobs with banks, insurers, gaming businesses and employers that must exclude people with certain convictions under law.

Will Missouri automatically expunge my record?

A 2026 law, SB 1421, creates an automatic expungement process, with the Highway Patrol set to begin sealing eligible drug offense records in January 2027. Other records still generally require a court petition. Once a record is expunged, a background check company that keeps reporting it may be violating the FCRA.

How long do I have to file an FCRA lawsuit in Missouri?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.

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