Marijuana Cases Expungement: Missouri Counties Might Miss the Deadline Despite Thousands of Charges Left

As the deadline for expunging most marijuana-related offenses from the criminal records of Missouri residents nears, proponents of the legalization of marijuana are expressing concern.

To comply with Amendment 3, which legalized marijuana for recreational use in Missouri last November, marijuana charges must be expunged by Thursday.

Missouri Marijuana-Related Charges Expungement

Statewide, 46,680 cases have been expunged, as reported by the Office of State Courts Administrator. According to data from the Office of the State Courts Administrator, several counties have expunged at least 1,000 cases, with Buchanan County leading the state with over 2,000 cases removed.

Per ABC 17, Cooper County has 1,508 expunged cases in Mid-Missouri, followed by Boone County and Osage County with 374 cases each, and Cole County with 295 expunged cases. Randolph has expunged four cases, while Callaway County has removed two.

Article XIV of the Missouri Constitution, which legalizes recreational marijuana and expunges certain nonviolent marijuana offenses, sets Thursday, June 8, as the deadline for expunging all marijuana misdemeanor cases.

Greene County Circuit Court has expunged approximately 1,200 marijuana misdemeanor cases, many of which included multiple offenses, as of June 1st, according to Greene County Circuit Clerk Bryan Feemster. Through mid-February, the circuit court began processing cases for eligibility.

The Missouri Courts should have expunged all non-violent marijuana misdemeanor cases by Thursday's end, but the Greene County Circuit Court has "a long way to go" before completion.

The circuit court has approximately 140,000 additional cases to review, of which the court estimates that approximately 16,000 will be eligible for expungement. Feemster estimated that approximately 37,000 additional clerk hours are required to complete the endeavor.

According to Feemster, there are two ways the circuit court can manage this workload: clerk overtime and the employment of temporary, part-time staff. About 35 of the clerk's office's 70 employees have worked overtime on the project of expunging marijuana misdemeanor cases.

Since the circuit court began working on the initiative in February, four retired clerks have returned to work part-time. The circuit court began processing the most recent cases first and is currently working its way back to 1971 when the statute on marijuana offenses was first enacted. According to Feemster, the court is presently focusing on the early 2000s.

Beth Riggert, the Supreme Court of Missouri's communications counsel, reported on Wednesday that over 46,000 expungements have been granted throughout the state. This number does not reflect the number of individuals whose cases have been expunged.

Rather, it is the number of cases resolved and documents filed. The system of the Supreme Court of Missouri only monitors case-related information; it cannot trace individuals.

The simplest case the circuit court can handle is one in which the defendant has been charged with a marijuana-related misdemeanor, but is rare, according to Feemster.

Missouri's Article XIV

Typically, a criminal is accused with multiple accounts, which complicates the processing of a potential expungement. Feemster stated that contacting offenders whose cases are being expunged is difficult when it comes to elder cases, such as the ones the circuit court is currently processing.

Feemster advised anyone inquisitive about the status of their case to visit the website Missouri Case.net. Until the circuit registrar has expunged all cases, cases will continue to appear as expunged on Case.net.

Article XIV was added to the Missouri Constitution in December 2022, following approval of the amendment by Missouri electors in November. Feemster stated that the Greene County Circuit Court was unable to begin processing cases until February due to a lack of adequate funding.

Article XIV imposed a 6% sales tax on all retail sales of marijuana for recreational use. A portion of this sales tax is distributed to government entities, such as the Greene County Circuit Court, for the purpose of discharging their expungement responsibilities.

In the first three months, the circuit court has expunged approximately $70,000 worth of marijuana misdemeanor cases. Feemster estimated that the total project budget will be approximately $1 million. The funding does not permit the circuit court to engage full-time employees for the endeavor, as per News Leader.