Columbia, Missouri ban-the-box ordinance (2026): no criminal history questions before a conditional offer

Columbia, Missouri's ban-the-box law is Article V of Chapter 12 of the city code, sections 12-90 to 12-94, adopted as Ordinance 22286 on December 1, 2014 and, according to the city, effective on passage. Section 12-90 makes it unlawful for an employer to ask on an application whether a person has ever been arrested for, charged with or convicted of a crime, and to "inquire, question or otherwise seek" that information in any way until the applicant has received a conditional offer of employment. Three kinds of positions are exempt. Complaints go to the city's Commission on Human Rights, and a violation is a misdemeanor punishable by a fine of up to $1,000, up to 30 days in jail, or both. As of November 2026 the sections read as adopted in 2014.

Of Missouri's three city rules, Columbia's waits longest: Kansas City and St. Louis allow the question after an interview, Columbia only after a conditional offer.

What does Columbia Code section 12-90 say?

Section 12-90, "Criminal records in employment," sits in Article V, "Employment Opportunities for Qualified Applicants." Subsection (a) says that, except as provided in (b), it shall be unlawful:

1. "For an employer to inquire, question or otherwise seek information on an employment application as to whether an individual has ever been arrested for, charged with, or convicted of any crime."
2. "For an employer to inquire, question or otherwise seek information as to whether an applicant has ever been arrested for, charged with, or convicted of any crime until after the applicant has received a conditional offer of employment."

Subsection (c) adds that the section "does not prohibit an employer from notifying applicants in writing of the specific offenses that will disqualify an applicant from employment in a particular position." Subsection (d) encourages employers "to not automatically ban jobseekers with a criminal history" and says they may make final decisions on all the information available, "including consideration of the frequency, recentness and severity of a criminal record as well as rehabilitation efforts against the duties and responsibilities of the position."

Who is covered?

• Employers within city limits, of any size. Article V has no definitions section and no size threshold. The city's ban-the-box FAQ says the ordinance "applies to all employers within the city limits of Columbia who are subject to the City of Columbia's ordinances." The chapter's employer definition in section 12-32 (the city and any person employing one or more individuals in the city) is written "for the purposes of this article," which is Article III, not Article V.
• Jobs in the city, not the county. An employer outside Columbia's city limits elsewhere in Boone County is outside the ordinance by the city's own description.
• Public employers. The FAQ's phrase "subject to the City of Columbia's ordinances" matters for state and other public bodies located in Columbia; Missouri's state executive agencies have their own rule, Executive Order 16-04, and whether a given public employer is bound by the city ordinance is a question for counsel.
• Staffing agencies. The ordinance speaks of "an employer" and of seeking information "otherwise," so an agency screening for a Columbia client should treat its own screens, reference calls and searches as covered. An agency that hires workers onto its own payroll is their employer.
• Remote roles. The ordinance does not address remote work; ask counsel when a Columbia employer hires someone who will work elsewhere.

When may a Columbia employer ask about criminal history?

The city's Filing a Criminal Background Check Complaint page puts it plainly: an employer may not seek the information "until after a conditional offer of employment is made – this includes on its application, pre-interview screening, questions during the interview and post-interview screening."

What counts as a conditional offer?

The code does not define it. The city's FAQ says "A conditional job offer means that employment is contingent upon the results of a criminal background check, much in the same way that a drug test works," and that the ordinance "requires that inquiries into an applicant's criminal history take place with a conditional job offer after all other qualifications have been considered." In practice that means:

• finish interviews, references and skills checks first, so the background check is the last step;
• make the offer in writing and name the background check as a condition (see our offer letter template);
• do not treat a verbal "we're leaning your way" as an offer that opens the door to record questions.

Which positions are exempt?

Section 12-90(b) says subsection (a) does not apply to positions where:

1. employers are required to exclude applicants with certain criminal convictions "due to local, state or federal law or regulation";
2. a standard fidelity bond or an equivalent bond is required and conviction of one or more specified offenses would disqualify the applicant from obtaining it, in which case the employer "may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses"; or
3. "Employers employ individuals licensed under the Emergency Medical Services (EMS) Systems Act."

The bond exception allows a question about the specified offenses only, not a general record question. The EMS exception is worded by employer rather than by job; ask counsel how far it reaches beyond the licensed positions themselves. For the first exception, Missouri's expungement statute, RSMo 610.140, names examples of exclusion laws, such as the federal rules for insured banks and credit unions and for the insurance business.

What happens after the background check?

Article V requires no written assessment, notice or waiting period of its own; subsection (d) encourages a review of frequency, recentness, severity and rehabilitation against the job's duties. Federal law adds the rest. A report from a screening company triggers the FCRA steps: a pre-adverse action notice with a copy of the report and the summary of rights, a reasonable wait, then the adverse action notice (see the FCRA background check process). Title VII, including 42 U.S.C. § 2000e-2(k), still applies; the EEOC rescinded its 2012 arrest and conviction records guidance on October 28, 2026, but the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it, and the nature of the job) remain a sound way to make and document the decision, and they line up with Columbia's own encouraged factors.

How do complaints, investigations and penalties work?

• Who may complain, and when. Under section 12-91, an aggrieved individual files a written complaint with the Commission on Human Rights within 180 days. If the complaint is that an employer seeks criminal history on its application, "any individual may file a complaint and that individual need not necessarily be aggrieved."
• The process. The city's complaint procedures describe intake (electronically, by fax, mail or in person), a jurisdiction screen, notice to the employer, an attempt to resolve the complaint before investigating, investigation, and a commission finding. With no probable cause the complaint is dismissed; with probable cause the commission may seek a resolution or forward the matter to the City Prosecutor's Office. The page says the commission's "primary goal on all complaints is to find resolution through mediation."
• Prosecution. Section 12-93 allows no prosecution unless a complaint was first filed with the commission, and pauses the limitation period while it is pending.
• Penalty. Section 12-94: a violation is a misdemeanor punishable "by a fine of not more than one thousand dollars ($1,000.00), or imprisonment not exceeding thirty (30) days, or by both."
• Form and contact. The city's Employment – Criminal Background Check Complaint form can be emailed to [email protected]; questions go to the Diversity, Equity and Inclusion Administrator at 573-874-6259.

How does Columbia's rule fit with Missouri law?

• No state rule for private employers. Missouri has no statewide ban-the-box law for private employers, as our Missouri ban-the-box rules explain.
• No preemption found. Missouri's preemption statute, RSMo 290.528, covers local minimum wage and employment benefit mandates. 2025 bills that would have reached local rules on job application content (HB 443 and SB 325) did not become law, and the Revisor still shows section 290.528 as last amended in 2017.
• Expunged records. Under RSMo 610.140.11, a person with an expungement may answer "no" to an employer's question about arrests, charges or convictions if no public record remains, unless the employer must exclude certain convictions by law. The 2026 automatic expungement changes are in our Missouri background check guide.
• Other Missouri cities. Kansas City and St. Louis allow the question after an interview, for the whole final pool. Columbia's conditional-offer rule is the latest point of the three.

What should recruiters and staffing agencies do on Columbia roles?

1. At intake, confirm the job and employer are inside Columbia's city limits and ask whether one of the three exceptions applies, with the law or bond requirement behind it.
2. Strip criminal history questions from applications, portals and knockout screens, and keep the topic out of screens, interviews and reference calls.
3. Hold every check, including court-site searches, until the client has made a written conditional offer.
4. Decide who sends which notice. The ordinance requires none, but it permits a written list of disqualifying offenses for a position (12-90(c)); the client usually issues the conditional offer. The FCRA notices come from whoever takes the adverse action: usually the agency for a temp on its payroll, the client for a direct hire.
5. If a candidate volunteers a record early, do not follow up or note it; see what not to write in interview notes.

Template: Columbia conditional offer and disqualifying-offense notice

CONDITIONAL OFFER PARAGRAPH (example wording, Columbia Code 12-90)

We are pleased to offer you the position of [title] at [pay] starting [date].
This offer is conditional on the results of a criminal background check,
which we will start only after you accept this conditional offer. All other
parts of our hiring process for this position are complete. If the check
shows something we may rely on, we will tell you before any final decision
and give you a copy of any report and a chance to respond.

OPTIONAL WRITTEN NOTICE OF DISQUALIFYING OFFENSES (Code 12-90(c))

For this position, the following offenses disqualify an applicant under
[law, regulation or bond requirement]: [list specific offenses].

Columbia ban-the-box rules at a glance