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Legislators in Missouri voted in favor of a law that creates background screening requirements for various scenarios.

Senate Bill 40

Missouri’s Senate Bill 40 (SB40) creates new background check requirements for a few employment and other scenarios. The bill was signed by Governor Mike Parson on July 07, 2023. It goes into effect on August 28, 2023.

Highlights from the bill include:

Educational Facilities

SB40 says anyone 18 and over who wishes to take courses at educational facilities that have students in grades ranging from Kindergarten to 12th must agree to a screening. These individuals will have their background checks conducted by the Missouri State Highway Patrol. Each potential participant will pay all costs associated with their screening.

If the results of a background check reveal that a person has been convicted of a crime or offense for which a certificate of license to teach would be revoked or not issued, then they will not be permitted to enroll in any course.

Marijuana Facilities

Another provision in SB40 stipulates all employees, contractors, owners and volunteers at facilities that sell marijuana must agree to a fingerprint check by the Missouri State Highway Patrol as well as a criminal background check. Results from these screenings will be made available to the Department of Health And Senior Services so they can determine if an applicant is eligible to continue working at a cannabis facility.

The Rap Back Program

Missouri's Rap Back program allows school districts to electronically access updates to criminal background checks for people who were previously screened. However, there was a 6-year limit for these searches. The new law repeals that limitation.

Care Providers

The final provision of SB40 calls for background checks on anyone who will work at, volunteer for or otherwise be connected to a licensed residential care facility and/or licensed child placing agency. Currently, only certain roles have this requirement, and the background check package that is mandated for those individuals is thought to be limited.

Once SB40 is in effect, background checks for applicants who might do work or volunteer tasks at care facilities will include state record searches. This provision is expected to strengthen the screening process and therefore better protect vulnerable individuals who are served by those facilities.

The Importance Background Checks

Missouri’s SB40 demonstrates the importance of background checks, especially for certain types of positions such as those that work with children, the elderly or other vulnerable populations. It also includes screening requirements for individuals in certain industries.

Comprehensive background checks help employers conduct due diligence, maintain safe workplaces and make informed decisions. They show hiring managers if an applicant has serious criminal records of which they should be aware and help them understand if the person has any required credentials, education and work history. Running them also helps organizations avoid claims of negligent hiring.

If your business needs employment background checks, please contact us. Our experienced team can help you customize screening packages based on your specific needs, relevant laws and industry requirements. We are available to assist you Monday through Friday from 5am to 6pm PT.