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County clerks are engaged in a meticulous and exhaustive effort, working tirelessly to comb through a vast number of paper records. Their objective is to identify cannabis-related convictions that qualify for expungement. This task, however, proves to be a highly time-consuming process. Each clerk must carefully examine numerous files and documents, ensuring that no eligible case is overlooked. The process involves not only identifying these cases but also verifying their eligibility under the current laws. This detailed work demands a significant amount of time and attention, as the clerks strive to ensure accuracy and thoroughness in their search.
A distinguished clerk from the esteemed Missouri Supreme Court graciously provided insightful testimony during a session of the House of Representatives committee on the 17th of January. It was disclosed with notable emphasis that the state has commendably expunged a total of 103,558 cases, specifically involving individuals with cannabis convictions. However, it was brought to light that a considerable number of older court records remain unconverted to digital format. This lack of digitization presents a formidable challenge, necessitating an extensive amount of time and considerable effort on the part of circuit clerks. Their task is to meticulously sift through each case individually, in a diligent quest for potential expungements.
In her eloquent address, the court clerk, Ms. Betsy AuBuchon, as reported by The Missouri Independent, stated, “We’ve had about 100,000 cases expunged, but I cannot accurately quantify, of that number, the remaining cases yet to be addressed.” She further elucidated that, at present, approximately 10% of cannabis-related cases have undergone a thorough review and have been deemed eligible for expungement. Moreover, Ms. AuBuchon put forth a request for an allocation of $3.7 million in the fiscal year 2024 budget. This funding is specifically intended to bolster Missouri courts in their ongoing efforts toward the expungement of eligible cannabis-related convictions.
The legislative framework of Missouri state law currently stipulates that the revenue generated from cannabis taxation should be primarily reinvested into the state’s cannabis regulation agencies. Subsequently, any residual funds are earmarked for allocation to the court system. This financial support is critical for the continuation and enhancement of expungement programs for eligible cannabis-related convictions, facilitated through a specially designated assistance program.
In March, of the year 2023, it was determined that state courts would be the beneficiaries of a substantial sum of $4.5 million. This allocation is intended either for the payment of overtime to existing employees or the employment of temporary staff, all to expedite the completion of expungements. Following this, in May, there was further approval for the courts to receive an additional $2.5 million, allocated as part of a supplemental budget. This continued financial support underscores the commitment of the state to rectify past convictions related to cannabis, reflecting a significant shift in societal and legal perspectives on the matter.
Challenges in Missouri’s Cannabis Expungement Efforts: Insights and Progress
The esteemed publication, The Missouri Independent, recently conducted an illuminating dialogue with the Supreme Court Communications Counsel, Ms. Beth Riggert. During this discourse, Ms. Riggert elucidated that the circuit courts are required to formally request fund reimbursements from the Circuit Court Budget Committee. This esteemed committee has, to date, generously allocated $4.2 million to county courts for their commendable endeavors. Ms. Riggert articulated, “Some circuit courts have relayed that they have refrained from soliciting special assistance funds due to the absence of current court clerks either willing or possessing the capability to undertake overtime work. Furthermore, there exists a challenge in securing qualified individuals to provide special assistance. This is primarily because the analysis requisite for such tasks is complex and is more efficiently executed by personnel with vast experience, such as retired clerks.”
In the context of the 103,558 expungements that have been judiciously completed thus far, Green County stands at the forefront, having received a substantial sum of $940,000 and completing 4,306 expungements. Laclede County, with 3,515 expungements and $35,000 in funds, follows closely. St. Louis County, Franklin County, and Jackson County also feature prominently in this list, having completed a significant number of expungements and received considerable funding.
Missouri courts are mandated to expunge cannabis-related misdemeanors by the 8th of June, 2024, and all felonies by the 8th of December, 2024. Representative Maggie Nurrenbern, seeking clarity on the timeline, inquired about the duration required for the courts to comprehensively clear nearly all cases. Ms. AuBuchon, in her response, conveyed their unwavering commitment to the task, although she was unable to provide a definitive end date for the work.
Mr. Bryan Feemster, a circuit clerk from Greene County, shared insights with The Missouri Independent regarding the intricate process of identifying and expunging cannabis-related cases. “One must scrutinize every count in each case to ascertain its relevance to cannabis,” he explained, emphasizing the need for a thorough review of each case.
To facilitate this laborious process, Mr. Feemster astutely engaged four previously retired clerks for part-time expungement work and recruited two additional personnel to sift through innumerable paper files that defy pre-screening for expungement eligibility. “Their sole focus is on this task,” Mr. Feemster clarified regarding the dedicated team of six clerks.
The legalization of adult-use cannabis in Missouri through Amendment 3 in November 2022, which took effect in December of that year, followed by the commencement of sales in February 2023, was a watershed moment. A key argument for legalization before the vote was the provision of “automatic expungements” for individuals who had served their sentences, thereby obviating the need for court petitions or attendance at hearings.
Nevertheless, the practical challenges posed by the absence of digital records have rendered this process far from automatic, as Ms. AuBuchon candidly remarked, “Let me be the first to tell you there is nothing automatic about that.”
Mr. Feemster further elaborated on the painstaking process, noting, “From 1989 backward, we are diligently reviewing every single criminal record to identify potential qualifiers for expungement. The process is, as one might anticipate, exceedingly slow and meticulous.”
Not all counties have the fortune of enlisting retired clerks with legal experience. In Johnson County, where 529 cases have been expunged with $18,000 allocated for the process, County Circuit Clerk Marcy Anderson stated, “We have not conducted any research to gauge our progress. We continue to undertake this task daily.”
Similarly, in Jackson County, spokesperson Valerie Hartman disclosed that clerks had reviewed 20,000 files and expunged almost 3,000 cases. They first examined cases from 1989-2022 sourced from various state departments, and are now strategizing on accessing older criminal databases to unearth additional paper case files. “We possess no data nor estimates on the volume of additional substance cases pending our review,” Ms. Hartman commented.
As of November 2023, county clerks were significantly behind the stipulated deadlines. Missouri attorney Dan Viets, a key contributor to the drafting of Amendment 3 and a frequent defender in cannabis cases, expressed his views in a KMBC report last year. He acknowledged the ongoing progress despite missed deadlines, stating, “We have consistently maintained that as long as the courts, particularly the circuit clerks, are earnestly striving to comply with the law and expedite these expungements, our satisfaction will be assured. They have not strictly adhered to the deadline. However, we must recognize that we are contending with a century of cannabis prohibition in Missouri, encompassing hundreds of thousands of cases.”
