When Missouri voters approved Amendment 3 in November 2022, the Constitution began requiring courts to expunge many past marijuana offenses on their own, without anyone filing anything. For many people, that happened. For some, it did not, and their old marijuana case still shows up.
Here is what the Constitution requires, how to check whether your record was cleared, and what to consider if it was not.
The law
Are marijuana convictions automatically expunged in Missouri?
Many are supposed to be. Article XIV, Section 2 of the Missouri Constitution, effective December 8, 2022, ordered the courts to do it.
- Misdemeanor marijuana offenses: courts were to order expungement within six months for anyone no longer incarcerated or under Department of Corrections supervision.
- Felony marijuana offenses: within twelve months for people who had completed their sentence, and for more serious felony marijuana offenses, upon completion of incarceration, probation, or parole.
- People in custody or on supervision: those on probation or parole for qualifying offenses were to have their sentences vacated automatically, and those still incarcerated may petition the sentencing court, with no filing fee.
The amendment excludes offenses involving distribution or delivery to a minor, offenses involving violence, and driving under the influence of marijuana.
Checking
How do I know if my marijuana record was expunged?
- Search Missouri Case.net for the case. An expunged case should no longer appear publicly.
- Request your Missouri State Highway Patrol criminal history, which is what many background checks rely on.
- Watch for a background check that still shows the offense. That is often how people find out the expungement never happened.
Courts handled a very large number of cases on a fixed timeline, and some were missed or not fully carried through to every record.
The open question
What if my marijuana record was not automatically expunged?
There is more than one route, and the choice matters.
Under the Constitution
If the offense qualifies under Article XIV, the expungement was required. Asking the sentencing court to enter the order the Constitution requires keeps the case within that process.
Under the expungement statute
A regular petition under RSMo 610.140 is another path. But it is not settled whether using that statute for a marijuana offense counts toward a person’s lifetime expungement limit, which is only two felonies and three misdemeanors.
Because that question is unsettled, the route should be chosen carefully. Using a lifetime expungement on an offense the Constitution already required to be cleared could cost you an expungement you need later for something else.
The effect
What does a marijuana expungement do?
Under Article XIV, an expunged marijuana conviction and sentence are vacated as legally invalid, and the person is treated as if they had never been arrested, convicted, or sentenced for that offense. That can matter for employment, housing, and firearms. See expungement and gun rights in Missouri.
After any expungement, check that the records actually changed. Agencies do not always update them. See why expungement petitions fail.
Answers
Marijuana expungement questions we hear
Are marijuana charges automatically expunged in Missouri?
Many are. Article XIV of the Missouri Constitution required courts to expunge qualifying marijuana offenses, misdemeanors within six months and felonies within twelve months of December 8, 2022, for people no longer in custody or under supervision.
My marijuana case still shows on Case.net. What do I do?
It may have been missed. Confirm whether the offense qualifies under Article XIV, then ask the sentencing court to enter the expungement the Constitution requires, or consider a petition under RSMo 610.140 after weighing how it affects your lifetime limit.
Does a marijuana expungement count toward my lifetime limit?
An expungement under Article XIV is separate from the statute. Whether filing under RSMo 610.140 for a marijuana offense counts toward the lifetime limit is not settled.
Which marijuana offenses are not automatically expunged?
Offenses involving distribution or delivery to a minor, offenses involving violence, and driving under the influence of marijuana are excluded.
Does marijuana expungement restore gun rights?
It can help. Article XIV treats the conviction as vacated and legally invalid. Other disqualifiers can still apply, and background check records may need to be corrected.
See expungement in Missouri, or call 573-638-8529.
Talk to us
Do not spend an expungement you may not need to.
If your marijuana record was not cleared, we can look at which route makes sense before anything is filed.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information, not legal advice, and it does not create an attorney-client relationship. Marijuana remains illegal under federal law, and eligibility depends on the specific offense and record.
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