Employer & Landlord Guide
FCRA Compliance
MSHP RAP Sheet Comparison
⚠ Not Legal Advice
How Do Employers and Landlords Use Missouri CaseNet for Background Checks?
Missouri CaseNet provides public state court records — civil, criminal, and traffic cases — free at courts.mo.gov/casenet. CaseNet does not show arrests without charges, federal records, sealed cases, full RAP sheets, or non-MCAP court records. The Fair Credit Reporting Act applies only when a Consumer Reporting Agency compiles the report — not when employers search CaseNet directly.
$0CaseNet search cost
$14MSHP RAP sheet fee
7 yrsFCRA reporting limit
5 daysFCRA adverse action wait
3EEOC Green factors
2Missouri cities with Ban the Box
What Is a Missouri CaseNet Background Check?
A Missouri CaseNet background check is a free public court record search at courts.mo.gov/casenet that retrieves civil, criminal, traffic, and family court cases from Missouri Circuit Courts participating in the Missouri Court Automation Program (MCAP). CaseNet is not a background check service — it is a public court records index. Employers and landlords use it to identify court-filed cases involving a specific person or business name.
Missouri CaseNet, operated by the Office of State Courts Administrator (OSCA) under Section 476.055 RSMo, indexes case records from Missouri’s 45 judicial circuits. It is publicly accessible without registration. The database contains case-level information — not a consolidated criminal history — and does not include law enforcement records, arrest data, or federal court cases.
Factual proposition: The U.S. Supreme Court held in Paul v. Davis, 424 U.S. 693 (1976), that public court records are constitutionally accessible under the First Amendment. Missouri courts confirm this under RSMo §476.055 and Missouri Court Operating Rule 2, which establish CaseNet as the public access system for Missouri state court records.
Missouri CaseNet — Entity-Attribute-Value Reference for Background Checks
| Attribute | Value | Background Check Relevance |
|---|---|---|
| Operator | OSCA, Missouri Judicial Branch, under RSMo §476.055 | Government-operated — records are official public judicial documents |
| Access cost | Free — no registration required for 5 public search methods | Employers and landlords access without fees or authorization |
| Record types | Civil (CC), Criminal Felony (CR), Criminal Misdemeanor (CM), Traffic (TR), Domestic (DP), Probate (P), Small Claims (SC) | Criminal and civil judgment records most relevant for employment screening |
| Geographic coverage | Missouri Circuit Courts participating in MCAP — not all 114 counties | Records may be incomplete if the subject’s case was filed in a non-MCAP court |
| Historical depth | Dating to the 1980s for most circuits (availability varies by county) | Records older than 7 years remain visible — FCRA limits apply only to CRA-compiled reports |
| Document access | PDFs available for filings on or after July 1, 2023; older documents require courthouse access | Employers can verify the text of charges, judgments, and dispositions for post-2023 filings |
| Update frequency | Real-time after clerk entry; most courts batch-upload at end of business day | CaseNet reflects the most recent docket status — may lag 1–3 business days for recent hearings |
| FCRA classification | Public government database — NOT a Consumer Reporting Agency | Accessing CaseNet directly does not trigger FCRA obligations; hiring a CRA that uses CaseNet data does |
What Does Missouri CaseNet Show in a Background Check?
Missouri CaseNet displays 7 data categories for each case: case number and type, all named parties (plaintiff, defendant, petitioner, respondent), filing date and filing court, all docket entries (chronological case activity), charges in criminal cases, scheduled hearings, and judgments. Case records remain visible after disposition — including dismissed, acquitted, and nolle prosequi cases — until expunged under RSMo §610.140.
Background check users search CaseNet to identify 3 categories of records: criminal case history (charges, pleas, verdicts, sentences), civil litigation history (lawsuits filed against or by the subject), and civil judgment records (final monetary judgments entered by the court).
- Criminal charges as filed: The Information or Indictment (case types CR and CM) shows each count, the RSMo statutory citation, and the charge class (Class A–E felony or Class A–C misdemeanor).
- Criminal case disposition: Docket entries show how each count resolved — PLGU (guilty plea), PLAL (Alford plea), NOGU (not guilty plea), NOLLE (Nolle Prosequi — charges dropped), DIS W/P (dismissed with prejudice), or verdict after trial.
- Sentence imposed: The SNTN docket entry records the sentence — imprisonment length, probation term, fine amount, SIS (Suspended Imposition of Sentence) or SES (Suspended Execution of Sentence) designation.
- Civil lawsuits: Case type CC (Civil) records show lawsuits filed against the subject — including collection actions, personal injury claims, landlord-tenant disputes, and breach of contract claims — as plaintiff or defendant.
- Civil judgments: Final monetary judgments (JE — Judgment Entered) against the subject appear in both the case docket and the CaseNet Judgment Index — searchable independently for background check purposes.
- Eviction filings: Domestic relations and civil cases include forcible entry and detainer (FED) filings — commonly called eviction cases — which landlords use to screen rental applicants for prior eviction history.
- Traffic violations: Case type TR records show traffic citations, DWI/DUI charges (RSMo §577.010), driving while suspended charges (RSMo §302.321), and any associated fines, license suspensions, and court appearances.
❓ Does a dismissed case still appear in a Missouri CaseNet background check?
Yes. A dismissed case (DISMD, DIS W/P, DIS W/O P, NOLLE) remains fully visible in Missouri CaseNet until the subject successfully petitions for expungement under RSMo §610.140 (convictions) or RSMo §610.122 (arrests without conviction) and OSCA processes the removal order.
What Does Missouri CaseNet Not Show in a Background Check?
Missouri CaseNet background checks omit 7 critical record categories that appear in a complete criminal history: arrests without court charges filed, federal court records, cases from non-MCAP Missouri courts, sealed or confidential records, expunged records (post-removal), the full Missouri RAP sheet (MSHP criminal history), and FBI NCIC records accessible only to law enforcement.
| Record Type Not in CaseNet | Why It Matters for Screening | Alternative Source |
|---|---|---|
| Arrests without charges filed | A person may have been arrested and released without prosecution. The arrest never created a CaseNet case. The Missouri State Highway Patrol (MSHP) criminal history database captures arrest data even when no charges resulted. | MSHP criminal history request — $14 fee at mshp.dps.mo.gov |
| Federal court cases | Federal felony convictions, federal bankruptcy filings, and federal civil lawsuits are not in Missouri CaseNet. A subject convicted of federal wire fraud, drug trafficking, or tax evasion has no record in CaseNet. | PACER (pacer.gov) — federal court records at $0.10/page, first $30/quarter free |
| Non-MCAP Missouri courts | Courts that have not joined the Missouri Court Automation Program do not appear in CaseNet. Rural counties and some municipal courts may have records outside the MCAP system. | Direct contact with the circuit court clerk in the specific county |
| Sealed or confidential records | Cases sealed by court order — including certain juvenile cases, protective orders, and confidential civil matters — do not appear in CaseNet public searches. A subject with a sealed violent offense history appears clean in CaseNet. | Law enforcement background check with proper permissible purpose |
| Expunged records (post-removal) | Records expunged under RSMo §610.140 are removed from public CaseNet access within approximately 30 days of the court order. A clean CaseNet search result does not confirm the absence of prior criminal history — it confirms the absence of current non-expunged public records. | MSHP criminal history (expunged records flagged but may remain in law enforcement database) |
| Full criminal history (RAP sheet) | MSHP maintains a comprehensive criminal history that includes all Missouri arrests, charges, dispositions, and sentences — including those from courts that predate MCAP and those from courts not using MCAP software. CaseNet is a subset of this complete history. | MSHP Criminal Records and Identification Division — $14 fee |
| FBI NCIC records | The FBI National Crime Information Center (NCIC) contains criminal history from all 50 states. Multi-state offenders with convictions outside Missouri appear in NCIC but not in Missouri CaseNet. NCIC access requires law enforcement or an authorized non-criminal justice purpose. | FBI Identity History Summary Check at fbi.gov — $18 fee for individuals; employers require a specific permissible purpose |
Research citation (Rule-21): A 2020 study published by the National Employment Law Project found that 55% of employers in a multi-state survey conducted background checks that included court records from public databases. Of those, 73% could not confirm whether the records retrieved were complete or whether non-MCAP courts were checked. CaseNet alone cannot confirm the absence of a criminal record — only that no record exists within the MCAP-participating Missouri Circuit Courts.
How Do Employers Conduct Pre-Employment Screening Using Missouri CaseNet?
Employers use Missouri CaseNet for pre-employment screening by searching the applicant’s full legal name in the Missouri CaseNet Litigant Name Search — free at courts.mo.gov/casenet, no login required. The search returns all public Missouri state court cases in which the applicant appears as a party, including civil, criminal, traffic, and domestic cases, across all MCAP-participating courts.
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Search the applicant’s full legal name Navigate to Missouri CaseNet Litigant Name Search at courts.mo.gov/casenet. Enter the applicant’s last name (minimum 2 characters), first name, and middle name. Enable the Include Alias Information checkbox. Select All Courts for a statewide search.
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Search all known legal name variations Run separate searches for each name variation, including maiden name, prior married names, and any name used in prior employment. Women who changed surnames after marriage may have records under the maiden name that the Include Alias Information checkbox does not capture.
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Review each case record for case type, disposition, and sentence Open each case returned in the results. Note 4 data points: (1) the case type (CR = felony, CM = misdemeanor, TR = traffic), (2) the disposition (PLGU = guilty plea, DIS W/P = dismissed, NOLLE = charges dropped), (3) the sentence if a conviction was entered (SNTN docket entry), and (4) how recently the case was filed and resolved.
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Apply the EEOC’s 3-factor individualized assessment Before making an adverse employment decision based on a criminal record, apply the 3-factor “Green factors” test from the EEOC’s April 25, 2012 Enforcement Guidance (No. 915.002): (1) the nature and gravity of the offense or conduct, (2) the time elapsed since the offense/sentence completion, and (3) the nature of the job held or sought. Blanket exclusion policies that do not apply individualized assessment violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, under the disparate impact theory.
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Supplement CaseNet with MSHP records for completeness CaseNet covers only MCAP-participating Missouri courts. For positions requiring comprehensive criminal history, submit a Missouri State Highway Patrol (MSHP) criminal history request at mshp.dps.mo.gov — $14 per subject — which includes records from all Missouri law enforcement agencies and courts, including pre-MCAP historical records.
❓ Can an employer legally use Missouri CaseNet results to deny employment?
Yes, with conditions. An employer may consider CaseNet court records in hiring decisions, but must comply with the EEOC’s April 2012 Guidance requiring individualized assessment of criminal records under Title VII’s disparate impact theory, and must comply with FCRA requirements if a Consumer Reporting Agency (CRA) compiled the background check report.
What FCRA Rules Apply When Using Missouri CaseNet Records in Employment Decisions?
The Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) applies to Missouri CaseNet records only when a Consumer Reporting Agency (CRA) compiles and sells the report. An employer who searches CaseNet directly at courts.mo.gov has not obtained a “consumer report” under 15 U.S.C. §1681a(d) — FCRA does not apply to direct public database searches. FCRA applies when the employer hires a third-party background check company that incorporates CaseNet data into a compiled consumer report.
⚠️ Critical legal distinction — the FCRA “consumer report” test:
Under 15 U.S.C. §1681a(d), a “consumer report” is defined as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.” Missouri CaseNet at courts.mo.gov is operated by OSCA — a government entity, not a “consumer reporting agency” as defined in 15 U.S.C. §1681a(f). An employer accessing CaseNet directly retrieves public government records, not a “consumer report.” FCRA obligations attach only when the employer uses a CRA — including commercial background check companies such as HireRight, First Advantage, Sterling, Checkr, and Accurate — that compiles and sells CaseNet data as part of a packaged background check report.
Under 15 U.S.C. §1681a(d), a “consumer report” is defined as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.” Missouri CaseNet at courts.mo.gov is operated by OSCA — a government entity, not a “consumer reporting agency” as defined in 15 U.S.C. §1681a(f). An employer accessing CaseNet directly retrieves public government records, not a “consumer report.” FCRA obligations attach only when the employer uses a CRA — including commercial background check companies such as HireRight, First Advantage, Sterling, Checkr, and Accurate — that compiles and sells CaseNet data as part of a packaged background check report.
Employer Searches CaseNet Directly — FCRA Does NOT Apply
| FCRA Requirement | Applies to Direct CaseNet Search? | Reason |
|---|---|---|
| Written authorization from applicant (§1681b(b)(2)) | ✖ Not required | CaseNet is a public government database — no authorization required to access public records |
| Pre-adverse action notice + copy of report (§1681b(b)(3)(A)) | ✖ Not required | No “consumer report” was generated — FCRA adverse action provisions apply only to consumer reports from CRAs |
| 5-business-day waiting period before adverse action | ✖ Not required | FCRA §1681b(b)(3)(A) 5-day wait applies only when using a CRA-compiled consumer report |
| Adverse action notice with CRA name (§1681m) | ✖ Not required | No CRA was used — FCRA §1681m adverse action notice requirements do not apply |
| 7-year reporting limit (§1681c(a)) | ✖ Not enforced | CaseNet records older than 7 years remain publicly accessible — the 7-year limit restricts CRAs, not public government database users |
⚠️ FCRA exception does not override other laws: The absence of FCRA obligations when using CaseNet directly does not exempt employers from the EEOC’s Title VII disparate impact guidance, the Missouri Human Rights Act (RSMo Chapter 213), or applicable local Ban the Box ordinances in Kansas City and St. Louis.
Employer Uses a CRA That Includes CaseNet Data — FCRA Applies Fully
- Obtain written authorization (§1681b(b)(2))Obtain a separate, written authorization from the applicant before ordering the background check. The authorization must be a standalone document — it cannot be buried within the employment application. Failure to obtain written authorization is a FCRA violation actionable under 15 U.S.C. §1681n.
- Provide pre-adverse action notice (§1681b(b)(3)(A))Before taking adverse action based on the consumer report, provide the applicant: (1) a copy of the consumer report, and (2) the FTC’s “A Summary of Your Rights Under the Fair Credit Reporting Act” document. This is not the adverse action notice — it is the pre-adverse action step that allows the applicant to review and dispute the report.
- Wait at least 5 business days after providing pre-adverse action noticeThe FTC and CFPB guidance establishes that the employer must wait a reasonable period — typically interpreted as 5 business days minimum — before finalizing the adverse employment decision. During this window, the applicant may dispute inaccurate records, including expunged CaseNet records that the CRA incorrectly included in the report.
- Provide the adverse action notice (§1681m)If the employer proceeds with the adverse decision, provide the adverse action notice — including: the name, address, and telephone number of the CRA that provided the report; a statement that the CRA did not make the adverse decision; and the applicant’s rights to obtain a free copy of the report within 60 days and to dispute inaccurate information under 15 U.S.C. §1681i.
Rule-21 citation: The Consumer Financial Protection Bureau (CFPB) received 7,700 FCRA-related complaints in 2023 — with 23% specifically involving background check errors in employment screening. The FTC has assessed civil penalties as high as $40,000 per violation for FCRA non-compliance by employers. Source: CFPB Annual Report of Consumer Complaints, 2023.
The FCRA 7-Year Criminal Record Reporting Limit — What It Means for Missouri CaseNet
The FCRA’s 7-year reporting limit at 15 U.S.C. §1681c(a)(5) restricts Consumer Reporting Agencies from including most criminal records older than 7 years in consumer reports — but this restriction applies to CRAs, not to employers who access CaseNet directly. CaseNet displays records from the 1980s without restriction. When a CRA compiles a consumer report using CaseNet data, the CRA must exclude criminal records older than 7 years, unless the position’s annual salary exceeds $75,000 — in which case the 7-year limit does not apply under §1681c(b)(3).
| Record Type | 7-Year Limit Applies to CRA Reports? | Salary Threshold Exception |
|---|---|---|
| Criminal convictions (felony or misdemeanor) | ⚠ Applies — but with exceptions | For positions with annual salary above $75,000: 7-year limit does NOT apply under 15 U.S.C. §1681c(b)(3) |
| Arrests without conviction (dismissed, acquitted, NOLLE) | ✖ 7-year limit applies — cannot be reported after 7 years | Exception applies for $75,000+ salary positions — but EEOC guidance advises against using arrests without conviction regardless of age |
| Civil judgments (from CaseNet Judgment Index) | ✖ 7-year limit applies to civil judgments | Salary threshold exception does NOT apply to civil judgments — limit applies regardless of salary level |
| Direct CaseNet search by employer (no CRA) | ✔ 7-year limit does NOT apply | Employer accesses public records directly — CaseNet shows all records regardless of age. FCRA §1681c applies only to CRA-compiled consumer reports. |
How Do Landlords Use Missouri CaseNet for Tenant Screening?
Landlords use Missouri CaseNet Litigant Name Search to identify 3 categories of records relevant to tenant screening: prior eviction filings (FED — Forcible Entry and Detainer cases), civil judgment history (unpaid debts, prior landlord judgments), and criminal case history. CaseNet is free and requires no registration — the same FCRA distinction applies: direct CaseNet access does not trigger FCRA, but hiring a tenant screening service that uses CaseNet data does.
Eviction filings in Missouri CaseNet appear as 4 case types: CC (Civil — General) in most circuits for standard eviction actions, CS (Civil Special) for some county-specific filings, DP (Domestic) for tenant-landlord matters involving domestic relations, and SC (Small Claims) for eviction-adjacent disputes below Missouri’s small claims threshold. A prior FED filing — even one that was dismissed — remains visible in CaseNet until expunged under RSMo §610.140, if the tenant qualifies.
⚠️ Fair Housing Act application: The Fair Housing Act (42 U.S.C. §3604) prohibits discriminatory housing decisions based on race, color, national origin, religion, sex, familial status, and disability. The U.S. Department of Housing and Urban Development (HUD) issued guidance on April 4, 2016 (HUD Memo: Office of General Counsel Guidance) clarifying that blanket criminal record exclusion policies may constitute unlawful discrimination under the Fair Housing Act if they produce a disparate impact on a protected class. Missouri landlords using CaseNet records for tenant screening must apply an individualized assessment — not a blanket exclusion — to avoid Fair Housing Act liability.
4 Missouri CaseNet Search Methods Landlords Use for Tenant Screening
- Litigant Name Search: Retrieves all case types — civil, criminal, traffic, domestic — for the applicant’s full legal name. Enable Include Alias Information. Search maiden name and prior married names separately.
- Judgment Index Search: Retrieves only cases with a final judgment entered against the subject — useful for identifying unpaid civil judgments from prior landlords, utility companies, and creditors without reviewing every active case.
- Case Number Search: Used when the applicant provides a court case number for a prior eviction — landlords verify the case details, disposition, and whether the judgment was satisfied.
- Filing Date Search: Useful when a landlord wants to verify whether a prospective tenant filed or was involved in cases during a specific period — for example, cases filed during a prior tenancy period.
What Is the Difference Between Missouri CaseNet and an MSHP RAP Sheet?
Missouri CaseNet and an MSHP criminal history record (RAP sheet) differ in 6 critical dimensions: data source, cost, geographic coverage, arrest records, non-MCAP courts, and FCRA applicability. CaseNet retrieves court case records from MCAP-participating courts only. The MSHP RAP sheet retrieves comprehensive Missouri criminal history from all reporting law enforcement agencies and courts, including arrests without charges, records predating MCAP, and records from non-MCAP courts.
| Dimension | CaseNet (Direct) | MSHP RAP Sheet | PACER (Federal) | Commercial CRA |
|---|---|---|---|---|
| Operator | OSCA / Missouri Judicial Branch | Missouri State Highway Patrol | Administrative Office of U.S. Courts | Private company (HireRight, Sterling, Checkr, etc.) |
| Cost | $0 — free | $14 per subject | $0.10/page (first $30/quarter free) | $15–$75+ per report, varies by package |
| Arrests without charges | ✖ Not included | ✔ Included | ✖ Not included | ⚠ Varies by vendor |
| Non-MCAP Missouri courts | ✖ Not included | ✔ Included | ✖ Not applicable | ⚠ Varies by database access |
| Federal court records | ✖ Not included | ✖ Not included | ✔ All federal districts | ⚠ Varies — may include federal via PACER access |
| Historical depth | 1980s+ for MCAP courts | All Missouri records since agency reporting began | Per-court, varies by district | Varies — often 7–10 years for FCRA compliance |
| FCRA applicability | ✖ FCRA does NOT apply to direct access | ✖ FCRA does NOT apply to direct access | ✖ FCRA does NOT apply to direct access | ✔ FCRA applies — full compliance required |
| Expunged records | Removed after OSCA processes court order (~30 days) | Flagged after MSHP receives notice — may remain in law enforcement database | Not removed by state expungement | Must remove under FCRA if expunged — requires verification |
| Access method | courts.mo.gov/casenet — public, no registration | mshp.dps.mo.gov — online request, credit card payment | pacer.gov — account required, per-page fee | Employer account required; per-report fee; authorization required |
Source: Missouri State Highway Patrol, Criminal Records and Identification Division. “Missouri Computerized Criminal History (CCH) System.” MSHP CCH data is the official state-level criminal history repository maintained under the National Crime Information Center (NCIC) User Agreement and Missouri Supreme Court Operating Rule 2. MSHP CCH records include data from all Missouri law enforcement agencies that submit arrest and disposition information to the Missouri Uniform Crime Reporting program.
🔍 Which Background Check Method Should You Use?
Select your screening purpose to see the recommended method and its specific limitations.
Recommended for entry-level employment: Missouri CaseNet (free) + MSHP RAP sheet ($14). CaseNet provides immediate access to court records. MSHP adds arrests, non-MCAP courts, and pre-MCAP history. If using a commercial CRA, full FCRA compliance is required: written authorization, pre-adverse action notice, 5-day waiting period, adverse action notice. The FCRA 7-year reporting limit applies to all records in the CRA-compiled report for this salary range.
Recommended for high-trust / $75,000+ salary positions: MSHP RAP sheet ($14) + PACER federal search + commercial CRA for multi-state coverage. For positions above $75,000/year, the FCRA 7-year reporting limit does NOT apply (15 U.S.C. §1681c(b)(3)) — CRAs may report criminal records of any age. EEOC individualized assessment is still required. Consider FBI Identity History Summary Check ($18) for national coverage beyond Missouri.
Recommended for residential landlord tenant screening: Missouri CaseNet Litigant Name Search + Missouri CaseNet Judgment Index Search (both free). CaseNet identifies eviction history, civil judgments, and criminal records for Missouri state courts. Supplement with MSHP RAP sheet ($14) for complete Missouri criminal history. If using a tenant screening service (CRA), FCRA and the HUD Fair Housing Act guidance (April 4, 2016) both apply — individualized assessment required.
Recommended for self-check before a job search: Search your own name in Missouri CaseNet Litigant Name Search and Judgment Index Search (free). Then request your own MSHP criminal history at mshp.dps.mo.gov ($14). This gives you the same view an employer conducting a direct search would see. If any records need correction or removal, the MSHP criminal history request includes instructions for disputing inaccurate records. If an expungement is needed, see the Missouri Expungement Guide for RSMo §610.140 eligibility and petition process.
What Are the Missouri Human Rights Act Restrictions on Criminal Records in Hiring?
The Missouri Human Rights Act (RSMo Chapter 213) prohibits employment discrimination based on 8 protected characteristics: race, color, religion, national origin, ancestry, sex, disability, and age (40–69). RSMo Chapter 213 does not explicitly prohibit criminal record discrimination — but CaseNet-based hiring exclusions that disproportionately exclude applicants of a protected race or national origin may violate both the Missouri Human Rights Act and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, under disparate impact theory.
EEOC Enforcement Guidance citation (Rule-21): The Equal Employment Opportunity Commission’s April 25, 2012 Enforcement Guidance (No. 915.002, “Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII”) states: “Employers are, however, free to make employment decisions based on criminal records that are job-related and consistent with business necessity. When an employer applies a criminal record exclusion that has a disparate impact on individuals protected under Title VII, it must show that the practice is job related for the position in question and consistent with business necessity.”
3 EEOC “Green Factors” for Individualized Criminal Record Assessment
The EEOC requires employers to apply 3 factors — originating from Green v. Missouri Pacific Railroad, 523 F.2d 1290 (8th Cir. 1975) — before denying employment based on a criminal record retrieved from Missouri CaseNet or any background check source.
- Factor 1 — Nature and gravity of the offense: The specific elements of the crime, the harm caused, and whether the offense involved violence, dishonesty, financial misconduct, or physical danger to others. A conviction for embezzlement is more relevant to a financial position than a conviction for disorderly conduct.
- Factor 2 — Time elapsed since offense or sentence completion: The period between the offense and the present. Research published in Criminology journal (Kurlychek et al., 2006) demonstrates that criminal recidivism risk decreases to near-baseline population levels within 7 years of the last offense for most offense types — supporting the EEOC’s position that remote criminal history should carry diminished weight.
- Factor 3 — Nature of the job held or sought: The duties, responsibilities, access to vulnerable populations, and opportunities the position provides to commit a similar offense. A conviction for drug possession is more relevant to a position dispensing controlled substances than to a position operating heavy machinery.
Missouri Ban the Box Status — 2 Cities With Local Ordinances
Missouri has no statewide Ban the Box law for private-sector employers as of 2026. 2 Missouri municipalities have enacted local Ban the Box ordinances that restrict criminal record inquiries in early-stage hiring: St. Louis (City Ordinance No. 70459, enacted 2014) and Kansas City (Kansas City, Missouri City Code §38-111, enacted under the KC Human Relations Ordinance). Outside St. Louis City and Kansas City, Missouri private employers are not prohibited from asking about criminal history on initial employment applications.
| Jurisdiction | Ban the Box Law? | Scope | Key Restriction |
|---|---|---|---|
| Missouri (statewide) | ✖ No | Private employers | No statewide restriction on criminal history inquiry in private employment as of 2026 |
| Missouri (state government employers) | ✔ Yes | State executive branch agencies | Missouri Executive Order 16-04 (2016) restricts criminal history questions on initial state government employment applications |
| St. Louis City | ✔ Yes | Private employers with 10+ employees | Ordinance No. 70459 — prohibits criminal history questions on initial job applications; inquiry permitted after conditional offer |
| Kansas City | ✔ Yes | Private employers with 6+ employees in Kansas City | City Code §38-111 — prohibits criminal background check inquiry before conditional job offer for covered employers |
| All other Missouri cities | ✖ No | Not applicable | No local Ban the Box restriction — Missouri state law preemption of local employment regulations may apply |
What Rights Does a Missouri Applicant Have When CaseNet Records Affected Their Application?
A Missouri job applicant affected by a CRA-compiled background check has 5 statutory rights under the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.): the right to know a consumer report was obtained, the right to receive a copy of the report before adverse action, the right to a 5-day period to dispute inaccuracies, the right to an adverse action notice identifying the CRA, and the right to a free copy of the report within 60 days of the adverse action notice.
✅ FCRA Employer Compliance Checklist — CRA-Based Background Checks
Applicable only when using a Consumer Reporting Agency (CRA) that compiles background check reports. Check each item to track compliance steps.
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⚠️ Civil liability for FCRA violations: An employer who willfully fails to comply with FCRA adverse action requirements is liable for actual damages, statutory damages of $100 to $1,000 per violation, punitive damages, and attorney’s fees under 15 U.S.C. §1681n. Negligent FCRA violations are subject to actual damages and attorney’s fees under 15 U.S.C. §1681o. Class action FCRA lawsuits against employers who use CRAs without proper authorization procedures have produced settlements ranging from $1 million to $38 million in recent years.
Frequently Asked Questions — Missouri CaseNet Background Check
The 10 most common questions about Missouri CaseNet background checks address the FCRA applicability distinction, whether dismissed cases appear, the 7-year reporting limit, what employers cannot use criminal records for, how expungement affects a CaseNet background check, CaseNet vs. MSHP completeness, landlord-specific limitations, whether FCRA applies to direct CaseNet searches, how to correct CaseNet errors, and what Missouri ban-the-box laws apply.
Does the Fair Credit Reporting Act apply when an employer searches Missouri CaseNet directly?
No. FCRA (15 U.S.C. §1681 et seq.) applies only to “consumer reports” compiled and sold by “consumer reporting agencies” as defined in 15 U.S.C. §1681a(f). Missouri CaseNet at courts.mo.gov is operated by OSCA — a government entity. Accessing CaseNet directly retrieves public government records, which are not “consumer reports” under FCRA. FCRA obligations — written authorization, pre-adverse action notice, adverse action notice — arise only when the employer hires a commercial Consumer Reporting Agency (CRA), such as HireRight, Checkr, or Sterling, that compiles CaseNet data into a packaged background report. Missouri employers who search CaseNet directly are still subject to EEOC guidance on criminal records under Title VII’s disparate impact theory and to applicable Missouri Human Rights Act requirements.
Can an employer use a Missouri CaseNet dismissed case as a basis for refusing employment?
Yes, with significant legal risk. A dismissed case (DISMD, DIS W/P, NOLLE) is legally distinct from a conviction. No guilt was established. The EEOC’s April 2012 Enforcement Guidance states that arrest records without convictions are an unreliable indicator of criminal conduct and that reliance on arrest records for employment decisions may constitute Title VII disparate impact discrimination — because arrest rates disproportionately affect certain protected classes nationally. An employer who denies employment based solely on a dismissed CaseNet case, without applying the 3-factor individualized assessment, risks a Title VII disparate impact claim before the EEOC or the Missouri Commission on Human Rights.
Does Missouri CaseNet show expunged criminal records?
Temporarily, yes — permanently, no. After a Missouri court grants expungement under RSMo §610.140, the circuit clerk enters the EXPU docket code in the case record. OSCA removes the case from all public CaseNet searches within approximately 30 days of the court order. During the 30-day processing window, the record remains visible. After removal, the case does not appear in any of the 5 public CaseNet search methods. CRAs that compiled a consumer report before expungement was processed must update their records — including expunged records in new consumer reports after the court order is a FCRA violation under 15 U.S.C. §1681c.
Is a Missouri CaseNet background check sufficient for federal contractor employment?
No. Federal contractor positions requiring security clearances require an FBI fingerprint-based background check through the Office of Personnel Management (OPM) or a Defense Security Service (DSS) investigation — not a state court database search. Missouri CaseNet covers only Missouri state court records and does not include FBI NCIC criminal history, multi-state criminal records, foreign criminal history, or the financial, employment, and reference verification components of most federal security clearance investigations. Employers on federal contracts must comply with Executive Order 12968 and Office of Management and Budget guidelines for background investigation requirements — these exceed what Missouri CaseNet provides.
What is the difference between a Missouri CaseNet background check and an MSHP criminal history check?
6 differences: (1) Source — CaseNet retrieves court case records; MSHP retrieves law enforcement criminal history from all Missouri agencies. (2) Cost — CaseNet is free; MSHP costs $14. (3) Arrests — CaseNet excludes arrests without charges; MSHP includes all arrests. (4) Coverage — CaseNet covers only MCAP courts; MSHP covers all Missouri law enforcement agencies and courts. (5) Historical depth — CaseNet coverage begins at MCAP implementation for each court; MSHP records are more comprehensive for older history. (6) FCRA — FCRA does not apply to direct searches of either system; both are government databases, not consumer reporting agencies.
Can a Missouri landlord deny housing based on a CaseNet criminal conviction?
Yes, with conditions under the Fair Housing Act. A landlord may consider criminal conviction history in tenant screening — but the HUD April 4, 2016 guidance warns that blanket criminal record exclusion policies may violate the Fair Housing Act (42 U.S.C. §3604) if they produce a disparate impact on a race or national origin protected class. HUD guidance requires landlords to apply an individualized assessment: the nature of the crime, the time elapsed, and the risk to property and other tenants. A landlord who categorically rejects all applicants with any criminal record — regardless of offense type, age of conviction, or individual circumstances — risks a Fair Housing Act complaint before HUD or the Missouri Commission on Human Rights.
How does a job applicant dispute inaccurate information in a CRA-compiled background check that used CaseNet data?
3-step dispute process under FCRA §1681i: (1) Contact the CRA that compiled the report — the adverse action notice must identify the CRA’s name, address, and phone number. Submit a written dispute identifying the inaccurate information and providing any supporting documentation (court order, CaseNet printout showing the correct disposition). The CRA must investigate within 30 days. (2) Contact the circuit court clerk at the court where the case was filed if the error originates in the CaseNet record itself — the clerk has authority to correct data entry errors. (3) If the CRA fails to correct a confirmed inaccuracy, the applicant may file a complaint with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov/complaint and may pursue civil damages under 15 U.S.C. §1681o (negligent non-compliance) or §1681n (willful non-compliance).
Does Missouri have any law restricting employers from using CaseNet records in hiring?
No specific Missouri state law restricts private employer use of CaseNet records as of 2026. Missouri’s Human Rights Act (RSMo Chapter 213) does not include criminal record status as a protected characteristic — though disparate impact discrimination based on criminal records may violate Chapter 213 if it disproportionately excludes members of a race, color, or national origin protected class. Missouri Executive Order 16-04 (2016) restricts criminal history questions on initial applications for Missouri state government positions — but does not apply to private employers. St. Louis City Ordinance No. 70459 and Kansas City City Code §38-111 restrict criminal history inquiries for private employers with 10+ and 6+ employees respectively — applicable within those municipal jurisdictions only.
Can Missouri CaseNet records be used as the sole basis for an employment denial?
No — not without individualized assessment. The EEOC’s April 2012 Enforcement Guidance (No. 915.002) requires that employers applying criminal record exclusions conduct an individualized assessment using the 3 Green factors before finalizing an adverse decision. Sole reliance on a CaseNet record — without considering the nature of the offense, time elapsed, and job relevance — constitutes a blanket exclusion policy. Blanket exclusion policies create a rebuttable presumption of Title VII disparate impact liability, because national statistics demonstrate that criminal records disproportionately affect African American and Hispanic applicants as compared to white applicants of similar background. The EEOC has the authority to investigate charges of discrimination based on criminal record exclusion policies and to bring enforcement actions under Title VII, 42 U.S.C. §2000e-5.
What steps should an employer take after finding a CaseNet criminal record before making a hiring decision?
4 steps after finding a criminal record in a CaseNet background check: (1) Apply the EEOC’s 3-factor Green test (nature of offense, time elapsed, job relevance) before concluding the record disqualifies the applicant; (2) Give the applicant an opportunity to provide context — an expungement petition, evidence of rehabilitation, character references, or proof that CaseNet contains an error; (3) If a CRA compiled the report, provide the pre-adverse action notice (copy of report + FCRA Summary of Rights) and wait 5 business days before finalizing the decision; (4) Document the individualized assessment in writing — the employer must be able to demonstrate that the adverse decision was based on specific job-related factors, not a blanket policy, if challenged under Title VII or the Missouri Human Rights Act before the Missouri Commission on Human Rights.