December 8, 2023, marked the final deadline for Missouri’s county courts to finish expunging non-violent felony marijuana cases. This day also marked the first anniversary of recreational marijuana becoming legal in Missouri. Unfortunately, some counties failed to meet the deadline for expunging all qualifying felony cases. Some are also working on misdemeanor cases too.

Missouri voters passed Proposition 3 over a year ago. In addition to legalizing the recreational use of marijuana, this proposition required the automatic expungement of most non-violent marijuana-related offenses from people’s records. These expungements included deadlines spread through 2023 for completing these expungements.

Proposition 3 included two specific deadlines: one for misdemeanor cases and one for felony cases. The proposition required the courts to expunge all qualifying misdemeanor offense cases by June 8, 2023. It required the same action for qualifying felony cases by the second deadline, December 8, 2023.

Long before the first deadline arrived, it became clear that the state could not meet the misdemeanor deadline. In June, Missouri officials estimated that they had expunged roughly 43,000 cases. Since then, Missouri courts have completed approximately 50,000 more. Many suspected that the courts could not meet the deadline of December 8, 2023. This result became apparent as the December 8 deadline passed, and the courts still have many cases to address.

Some counties have completed their expungements entirely. However, others continued working through the enormous backlog Proposition 3 created into the new year. According to court clerks, not all cases are in digital records. Failing to computerize older cases has significantly delayed the expungement process. 

Despite the struggle, the law requires the courts to expunge all eligible felony cases. As such, the clerks must sort through all physical records. Sorting the paperwork has proven challenging due to their locations. The court clerks commented that some were in warehouses and others in attics.

Counties having difficulties expunging cases can use money from the 6% sales tax in the area to help pay for the efforts. Furthermore, they can use these funds to afford additional staff or overtime needed to complete the expungements. The courts have assured concerned parties that they are progressing and will finish the expungements.

Until then, employers can help by considering if an offense is related to the open position. The best way to start a second chance program is to partner with a background check company experienced in this area.

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In November 2022, Missouri voters passed Amendment 3. This amendment required the expungement of all nonviolent marijuana-related misdemeanors and felonies. It included two deadlines for processing these deadlines: June 8, 2023, and December 8, 2023.

Before the first deadline established by Amendment 3 passed, it quickly became clear that the state could not meet it. As such, many marijuana-related misdemeanors still exist despite the expungement order. It remains unclear how many cases still await expungement.

Furthermore, the second date set by Amendment 3 is rapidly approaching. This deadline has also proven impossible to achieve, so it will pass without the state fulfilling its obligation to expunge all nonviolent misdemeanor felonies. It is also unclear how many cases will remain once the deadline passes.

The Cause of Delay

The issue causing the state’s inability to meet these deadlines concerns the sheer amount of work required to process these expungements. According to the state, the Circuit Clerks in county courts must process these expungements. However, they must individually examine each record to determine eligibility. 

This process includes reviewing Amendment 3’s requirements and sorting through records’ listed offenses. Many cases involve multiple violations, slowing the expungement progress as clerks meticulously compare the conditions and contents. Furthermore, many documents have yet to transfer into digital formats, forcing clerks to search and shift through paperwork.

One clerk described the process and struggles that followed Amendment 3’s inception. They explained how they must work through each record individually, which can take more than an hour per record. After noting the obstacles, the state also attempted to assist the clerks with clearing the expungements. It provided additional funds to pay overtime to circuit clerks working to achieve these deadlines.

Progress So Far

So far, Missouri’s Supreme Court has shown that 97,148 cases have cleared the expungement process. Unfortunately, it is impossible to determine how many records remain. Many misdemeanor cases still await expungement months past the deadline. This unknown number has further hampered the chances of expunging felony cases on time. As such, many do not expect the state to clear the remaining nonviolent marijuana-related misdemeanor and felony records before the upcoming deadline.

In the meantime, employers should consider reviewing their policies concerning these nonviolent misdemeanor and felony records. They should ensure that their background screening process does not include this information during the hiring decisions. The best way to ensure a fair employment screening process is to partner with an experienced background check provider. The right partner can deliver timely and accurate screening reports, ensuring compliance with relevant regulations.

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