Missouri’s Monumental Task: Expunging 103,558 Cannabis Cases Amid Challenges

LOS ANGELES — In a significant undertaking following the legalization of adult-use cannabis in Missouri, county clerks are rigorously working through an extensive backlog of paper records to identify and expunge cannabis-related convictions. The process, however, is proving to be a formidable challenge due to the sheer volume of cases and the lack of digitized records.

According to Betsy AuBuchon, a clerk from the Missouri Supreme Court, the state has successfully expunged 103,558 cannabis convictions. Speaking at a House of Representatives committee meeting on January 17, AuBuchon highlighted the complexities of the task, noting that only about 10% of cannabis-related cases have been reviewed for eligibility. In response to these challenges, AuBuchon has requested an allocation of $3.7 million in the 2024 budget specifically for expungement-related activities in Missouri courts.

Under Missouri state law, revenue from cannabis taxes is primarily funneled back into the state’s cannabis regulatory agencies. Any surplus is then allocated to the court system to support the expungement of eligible cannabis-related convictions through a special assistance program. In the past, the courts have received substantial funds for this purpose, including $4.5 million in March 2023 and an additional $2.5 million from a supplemental budget in May.

Beth Riggert, supreme court communications counsel, elaborated that circuit courts must apply for fund reimbursement from the Circuit Court Budget Committee. So far, the committee has disbursed $4.2 million to county courts. However, the process is hindered by a shortage of qualified personnel, as noted by Riggert. Many courts have struggled to find clerks capable of the intricate analysis required for expungement, often relying on experienced personnel like retired clerks.

The scale of the expungement effort is evident in the numbers. Greene County, having received the most funds ($940,000), completed 4,306 expungements. Other counties like Laclede, St. Louis, Franklin, and Jackson also report significant numbers of expungements, though the funds allocated to them vary.

The courts face a tight deadline to complete these expungements, with cannabis-related misdemeanors expected to be cleared by June 8, 2024, and felonies by December 8, 2024. However, the enormity of the task, compounded by the manual nature of record review, makes it challenging to predict when the work will be completed. This sentiment was echoed by AuBuchon, who could not provide a definite end date for the expungement process.

Circuit clerks like Bryan Feemster from Greene County describe the painstaking process of manually reviewing each case file to determine eligibility for expungement. Feemster’s team, which includes retired clerks and additional staff, focuses solely on sifting through thousands of paper files, some dating back to 1989.

The legalization of adult-use cannabis in Missouri, enacted through Amendment 3 in November 2022, had promised “automatic expungements” for those who had served their sentences. However, the reality of implementing these expungements has proven far more complex, primarily due to the outdated record-keeping systems.

Counties like Johnson and Jackson are also deeply involved in the expungement process, with clerks reviewing thousands of files and expunging hundreds of cases. Despite the progress, there remains uncertainty about the total number of cases still awaiting review.

As Missouri continues its effort to rectify a century of cannabis prohibition, the challenges faced by the courts highlight the need for modernization and adequate resources. While the deadlines loom, the commitment to the expungement process, as emphasized by cannabis case attorney Dan Viets, reflects a broader shift towards rectifying past injustices associated with cannabis convictions.