Kansas Citians with weed charges start to see their records sealed because of amendment

Missouri circuit courts have gotten the ball rolling on marijuana expungements for people with past charges as well as for some people who are currently incarcerated for marijuana possession. That means that some people doing time in the state’s jails and prisons for weed charges will soon be free.

After voters passed the amendment legalizing recreational weed last year, Missouri law now requires that all marijuana charges be reviewed for expungement.

Expungement is the process when a circuit court judge seals a record permanently, according to Valerie Hartman, a spokesperson for the 16th Judicial Circuit.

Any person who is not currently incarcerated but has a nonviolent marijuana charge, with the exception of driving under the influence and selling weed to minors, will have their record reviewed and expunged by the courts by June 8, 2023.

Expungement could affect thousands of Missourians’ access to employment, housing and wages because their record will not be visible to employers, landlords or others who could withhold opportunities because of it.

Automatic expungement

Courts statewide, including Jackson and Cass county circuit courts, are reviewing marijuana possession cases in order of severity to determine whether they will be expunged.

The 16th Circuit Court of Jackson County first reviewed cases for people who were either on probation or parole. Of the hundreds of cases involving drugs, 59 cases involved weed in some capacity and 42 felony and misdemeanor cases were approved for expungement, according to Hartman.

As of Jan. 4, the court was reviewing cases that involved people who were found guilty of a misdemeanor offense involving marijuana. The court has reviewed over 2,000 drug cases dating back to 1990 until 2022. Out of all the cases reviewed, 414 have marijuana listed on the case and will be reviewed for expungement.

“This all takes some time,” Hartman said in an emailed statement. “We have devoted considerable resources from multiple departments to set up our processes. We are currently undertaking this major project and managing it with the staff that we have.”

Petition for expungement

Missourians who are in jail or prison for weed charges will not have their records automatically expunged, but they can file for expungement and have their case reviewed and their records potentially sealed, said Hartman.

People with charges of violent crimes, or whose offenses involved distribution to a minor or driving under the influence of marijuana, will not be able to get those charges expunged.

In Cass County, one incarcerated person has already successfully petitioned the court and had their charges expunged, according to Cass County Circuit Court Clerk.

In Jackson County, four people have already filed a petition to have their marijuana charges expunged.