Tag: Amendment 3

Missouri To Begin Expungements for Marijuana-Related Offenses December 15, 2022 Under Missouri’s recently passed Amendment 3, the state will soon begin expunging convictions for possession of marijuana and paraphernalia. It will do so for a wide range of criminals with a deadline for compliance of at most one year. In addition, the amendment will legalize recreational marijuana usage. However, state regulators admitted uncertainty about how to comply with these changes. The 38-page amendment that legalized cannabis for those 21 and older contains two sections, Section 10(7) and 10(8). These sections stipulate that circuit courts must automatically expunge criminal records for misdemeanor marijuana offenses for those no longer incarcerated or under the supervision of the Department of Corrections. This expungement must occur within six months of the effective date, 30 days after the election: December 8th, 2022. Circuit courts must also order expungements for all criminal history records of felony marijuana offenses and marijuana offenses. This requirement applies to cases that would no longer be a crime under the amendment within six months of the effective date. However, the amendment does provide certain exclusions. These exclusions include offenses of distributing or delivering to a minor, offenses involving violence, and offenses of operating a motor vehicle under the influence of marijuana. Furthermore, this applies only to those no longer incarcerated or under the supervision of the Department of Corrections. However, those currently under surveillance by the Department of Corrections for the same offenses may petition the courts to vacate their sentence, end their supervision, and expunge all case records. There will be no filing fee for making such a petition. Once expunged, a criminal history record will cease to exist for most intents and purposes. An individual does not have to acknowledge the existence of an expunged record or answer questions about it to potential employers or landlords. The offense will no longer be a roadblock to licenses or other rights or privileges. Finally, the individual may deny the existence of such a record. Though the effective date will be December 8th, Missouri’s court officials have expressed concerns about how they can carry out these expungements within the permissible time frame. The Office of State Courts Administrator has not released guidance regarding how to carry out the expungements. In addition, offenses such as possessing a controlled substance do not specify which substance the person had. Therefore, certain felony charges may use the same charge code for possession of methamphetamine as it would for marijuana. Using the same code means that court clerks must acquire the individual case file to determine the underlying circumstances. Unfortunately, records pre-2014 were on paper. This circumstance means that the process could prove difficult for circuit courts. This struggle is especially true when trying to meet the six-or twelve-month deadlines. With these upcoming expungements in mind, employers should consider reviewing their policies regarding these offenses. In addition, employers should consider working with a trusted screening provider. The right provider will ensure the company knows which crimes to consider during the hiring process. Pre-employ makes background checks easy and reliable. Speak with a sales representative today. Source

Tag: Amendment 3

Missouri To Begin Expungements for Marijuana-Related Offenses

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