Missouri Marijuana Expungement Attorneys (Amendment 3)

What does Amendment 3 cover?

Article XIV, Section 2 of the Missouri Constitution requires automatic expungement for marijuana possession offenses involving 3 ounces or less and marijuana paraphernalia possession. The state was directed to complete automatic expungements within 1 year of the amendment's effective date (December 8, 2022), meaning many qualifying records should have been automatically expunged by December 2023.

Possession charges beyond 3 ounces, distribution, trafficking, and other marijuana-related offenses are not automatically expunged — but petition-based expungement is available for those charges that would now be lawful or carry a lesser penalty under current Missouri law.

How do I know if my record was automatically expunged?

Request a Missouri State Highway Patrol criminal history record. If the qualifying possession charge no longer appears, automatic expungement has occurred. If the charge still appears, you may need to file a petition or contact the court in the county of conviction. Implementation has been uneven across counties, and some records may require a petition to prompt removal.

Petition-based marijuana expungement

For marijuana convictions beyond the automatic expungement categories — including larger possession amounts, sales, or distribution — a petition can be filed in the Circuit Court under Article XIV, § 2. The standard is whether the offense would be lawful or subject to a lesser penalty under current Missouri law. The court may grant the petition if expungement serves the interests of justice.

Effect of marijuana expungement

Expunged marijuana records are closed from public view. The person may answer "no conviction" on most employment and housing applications. Exceptions include applications to law enforcement agencies, positions working with children, and professional licensing. Federal background checks (including firearms purchases) may still reflect federal marijuana convictions regardless of state expungement.

How to pursue Missouri marijuana record expungement

1. Request your Missouri criminal history record. Obtain a criminal history record from the Missouri State Highway Patrol to see whether the marijuana conviction is still listed or has already been automatically expunged.
2. Identify the charge type and amount. Determine whether the conviction was for possession of 3 ounces or less (covered by automatic expungement) or a larger amount or distribution charge (requiring a petition).
3. Check automatic expungement status. If the charge was for 3 ounces or less and it still appears, contact the clerk of the court of conviction and the Missouri State Highway Patrol to inquire about the status of automatic expungement.
4. File a petition if needed. For charges not covered by automatic expungement, file a petition in the Circuit Court of the county of conviction citing Article XIV, § 2 of the Missouri Constitution.
5. Serve the prosecutor. Notify the prosecuting attorney, who has an opportunity to object. The court considers whether expungement serves the interests of justice.
6. Attend the hearing. Appear at the scheduled hearing prepared to explain the nature of the offense and why expungement is appropriate under current Missouri law.
7. Verify the record has been updated. After the order is entered, re-check the Missouri State Highway Patrol record and common background check services to confirm the charge no longer appears.

Statutes cited

• Missouri Constitution, Article XIV, § 2 (Marijuana legalization and expungement) — Mo. Const. Art. XIV § 2
• RSMo § 610.140 (General expungement statute) — RSMo § 610.140

Frequently asked questions

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