Missouri Moves Full Steam Ahead With Automatic Cannabis Expungements As Promised In Midterms

Missouri NORML announced late Friday that more than 3,500 Missourians have had their marijuana cases expunged from all public records just several weeks after Amendment 3 became effective on December 8. Ultimately, more than 100,000 cannabis expungements are expected.

Missouri voters legalized adult-use cannabis in November's midterms by approving Amendment 3, making Missouri the first state in the union where voters initiated the automatic expungement of prior marijuana convictions. 

According to the Missouri Office of State Courts Administrator (OSCA), as of January 19, 3,518 expungements have been granted by Missouri courts. 

A week earlier, 2,340 expungements had been granted meaning that in a single week, 1,178 additional expungements were recorded by OSCA.

"This is very positively impacting thousands of lives. Ultimately, we expect more than 100,000 expungments will be automatically granted in Missouri marijuana cases," said Missouri NORML coordinator Dan Viets.

Data shows that 25 Missouri counties have already begun expunging marijuana cases, even though they have until June 8 to expunge misdemeanors and until December 8 to expunge certain marijuana felonies. Though additional funding is not yet available from the state government nor from sales taxes from adult-use marijuana, these counties are moving forward anyway.    

Expungement Vs. Pardon

Unlike President Biden's October pardon of 6,500 federal cannabis prisoners, expungements are far more effective. A pardon merely adds a line to the public record saying, “Pardon granted,” and does not remove or clear anything from an individual's record.

Whereas expungements literally remove all records of a case from all public access and, in some cases, from access by police and prosecuting attorneys as well. An expungement is meant to completely eliminate all records of a marijuana case and return the defendant to the status he or she enjoyed prior to the charge. 

Language in Missouri Constitution states it clearly: Those who receive an expungement “...shall be treated in all respects as if he or she had never been arrested, convicted or sentenced for the offense, and the conviction and sentence shall be vacated as legally invalid. The Court shall issue an Order to expunge all records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the sentence.”  

Ultimately, all cannabis convictions in Missouri courts will be expunged, including those cases involving cultivation, distribution, possession with intent to distribute, and other misdemeanor and felony offenses, except for cases involving violence, distribution to a minor, or driving under the influence.