Modifies provisions relating to the expungement of records
Notably, SB856 amends the current legal framework surrounding expungement by repealing an existing section and enacting new provisions that establish easier pathways for the removal of particular offenses from criminal records. By doing so, it recognizes the changing legal landscape regarding marijuana possession and aligns state laws with evolving public sentiment and legal standards. The proposed automatic expungement process allows individuals to regain legal standing and access to opportunities that may have been hindered due to prior convictions.
Senate Bill 856 aims to modify existing provisions regarding the expungement of criminal records in the state of Missouri. The bill specifically addresses offenses related to the possession of marijuana, allowing individuals who were convicted prior to August 28, 2022, and who have obtained a patient identification card, to have their records automatically expunged. This expungement process would occur through the court without the necessity for a petition, effectively simplifying the process for eligible individuals and reducing the barriers to obtaining a clear record.
While the bill has garnered support from various stakeholders advocating for criminal justice reform and those affected by past marijuana possession charges, it may face opposition rooted in concerns over the implications for public safety and accountability. Critics may argue that automatic expungement could inadvertently obscure past offenses that may be relevant to specific employment or licensing scenarios. Additionally, although this legislation emphasizes providing second chances for past offenders, there might be apprehensions about the criteria defining eligibility and the definition of “crimes” that can be expunged, particularly concerning violent offenses and their public perception.