Legislative Update: Missouri – “Ban the Box”

On April 11, 2016, Missouri Governor Jay Nixon signed Executive Order 16-04 stating that, “…all departments, agencies and boards and commissions in the Executive Branch subject to the authority of the Governor shall take all necessary action to amend initial employment applications by removing questions related to an individual’s criminal history unless a criminal history would render an applicant ineligible for a position.”

Executive Order 16-04 does not provide directive on the exact approved timing of a criminal background check, only to delayed the criminal check beyond the initial application form and process. However, in favor of conducting criminal background screening, Governor Nixon stated the following, “Nothing herein shall prevent the conducting of a criminal background check as a condition of employment.” Government entities in the State of Missouri have 90-days from the effective date to amend their forms and processes.

If applicable to your organization, please seek legal counsel to assist in reviewing and/or amending your current policies and procedures. The full Executive Order 16-04 may be read on the following web page: https://governor.mo.gov/news/executive-orders/executive-order-16-04.