If you plead guilty to a marijuana ticket (even if it’s just a tiny amount), it will stay on your criminal record unless it is expunged, and that rule is the reason the title of this post is still true for many tickets. Since Missouri voters passed Amendment 3, though, many older marijuana convictions have been expunged (removed) automatically, so a marijuana ticket no longer always stays on your record forever.
This post explains which marijuana convictions can be expunged now, what to do if yours was missed, and why it still matters how a new marijuana ticket ends.
Can A Marijuana Conviction Be Expunged In Missouri?
A marijuana conviction can be expunged in Missouri, and for many past convictions the court was required to do it automatically without a petition. Amendment 3 took effect on December 8, 2022, and courts were required to expunge eligible misdemeanor marijuana records by June 8, 2023, and eligible felony marijuana records by December 8, 2023 (Clear My Record Missouri and the Missouri Independent).
- The person must no longer be incarcerated or under Department of Corrections supervision.
- For a felony, the person must also have completed the sentence.
- Felonies for distribution or delivery to a minor, offenses involving violence, and driving under the influence of marijuana are not covered by the automatic expungement.
Not every eligible case was found. The Missouri Independent reported in June 2026 that courts have expunged about 155,000 marijuana cases, and that some eligible records may remain uncleared.
How To Get A Marijuana Ticket Expunged From Your Criminal Record
Expungement (removal) of marijuana and drug paraphernalia convictions is now possible in Missouri, first through the general expungement law that changed in January 2018 and now through Amendment 3.
If your conviction was missed, the reporting from the Missouri Independent says to start by contacting the circuit clerk in the county where you were convicted. St. Louis County said it will expunge eligible charges without a petition if its review confirms eligibility, and it now asks for a petition under the general expungement statute, Section 610.140, in other cases. Some counties handle missed cases differently, so check with the clerk before you file.
If you file under the general expungement law, the waiting period is shorter than it was in 2018. Since August 28, 2021, you wait 1 year after you finish a misdemeanor sentence and 3 years for a felony, down from 3 years and 7 years (The Missouri Bar). You must also have paid your fines and completed probation or parole.
You can file a petition for expungement yourself without hiring an attorney, but it is a complicated procedure. If your petition is rejected because you made a mistake, you will have to wait 1 year before re-filing.
There is a lifetime limit under the general law. Since January 1, 2025, you are allowed to get 3 misdemeanors and 2 felonies expunged in Missouri (Clear My Record Missouri). The Missouri Court of Appeals, Eastern District, ruled in April 2026 that a man with a missed misdemeanor marijuana conviction should not have to use up one of his limited expungements (reported by the Missouri Independent), but the court of the county where you were convicted decides how your case is handled.
I discuss Missouri’s expungement law in more detail in my previous blog post, though the waiting periods and limits in that post have since changed.
Jail Time Is Possible If You Plead Guilty To A Marijuana Ticket
Jail time is still possible for a marijuana charge that Amendment 3 does not protect. Adults 21 and older may now possess up to 3 ounces of marijuana, but possession by someone under 21, possession of more than 3 ounces, use in public or in a moving vehicle, and driving while impaired can still lead to a ticket or criminal charge.
Before Amendment 3, possession of 35 grams or less of marijuana was a class A misdemeanor in Missouri. The maximum possible penalty was 1 year in jail and a fine of $2,000.
Before Amendment 3, first-time possession of 10 grams or less of marijuana was a class D misdemeanor in Missouri. The maximum possible penalty was a fine of $500 but no jail time. If you were NOT a first-time offender, a marijuana ticket for 10 grams or less was a class A misdemeanor with a maximum punishment of 1 year in jail and a $2,000 fine.
Those penalties are what the old law said. The ordinance or statute written on your ticket controls today, so read the ticket and the court notice carefully, and ask the court if you are unsure which law applies. You can read how current law treats marijuana possession charges in my revised blog post on keeping possession charges off your criminal record.
Hire An Attorney To Fight Your Marijuana Ticket
An experienced attorney can help you avoid having a marijuana ticket on your criminal record. Andrea Rogers defends misdemeanor charges in municipal and state court.
In many cases, a marijuana ticket can be reduced to “Littering” and the defendant only has to pay a fine and court costs, with no court appearance required. In other cases, a marijuana ticket can be dismissed after probation is completed with no fine payment required.
Your attorney will discuss your case with you and give you an estimate of what kind of plea bargain deal is possible, including the amount of the fines and court costs that you will have to pay.
Criminal defense attorneys who have experience handling misdemeanor tickets usually offer a free consultation and can give you a flat-fee price quote for how much they will charge to represent you.
How To Find Out If You Qualify For A Public Defender For Your Marijuana Ticket
Unfortunately, public defenders don’t represent people for marijuana tickets in most municipal courts in Missouri.
But if your marijuana ticket is being prosecuted in state court (county circuit court) and you can prove you have no income, you might qualify. You will have to contact the public defender’s office in the county in which your case is being prosecuted and fill out an application to see if you qualify to have a public defender represent you.
Marijuana Expungement FAQ
What Marijuana Charges Cannot Be Expunged Automatically In Missouri?
The marijuana charges that cannot be expunged automatically under Amendment 3 are felonies for distribution or delivery to a minor, felonies involving violence, and driving under the influence of marijuana (Clear My Record Missouri). A person still in prison or on supervision is also outside the automatic process.
What Should I Do If My Marijuana Conviction Was Not Expunged?
If your marijuana conviction was not expunged, start with the circuit clerk in the county where you were convicted. Reporting from the Missouri Independent says clerks may review the record, a petition under Section 610.140 may be required, and a writ of mandamus has been suggested by some attorneys to compel an expungement. Procedures differ by county.
How Many Convictions Can You Have Expunged In Missouri?
Under the general expungement law, you can have 3 misdemeanors and 2 felonies expunged in your lifetime as of January 1, 2025 (Clear My Record Missouri). Whether an Amendment 3 expungement counts toward that limit depends on how the case is handled, so ask the clerk before filing.
Does A Marijuana Ticket Show Up On A Background Check?
A marijuana ticket can show up on a background check if you were convicted and the record was never expunged. A person with an expunged record and no public record of a crime can answer “no” when an employer asks about arrests, charges, or convictions (Clear My Record Missouri).
The Bottom Line
A marijuana ticket does not have to stay on your criminal record forever anymore, because Amendment 3 expunged many older convictions and gave people a path to ask about the ones that were missed. A new marijuana ticket that is not covered by Amendment 3 can still become a conviction if you plead guilty, so how it ends matters.
Andrea handles every call and every case personally. She offers a free consultation with a flat fee price quote up front. Call or contact The Rogers Law Firm to talk about your ticket.
