Can My Marijuana Conviction Be Expunged in Arizona?

On November 3rd, 2020, Arizona voters passed Arizona Proposition 207. This proposition decriminalized marijuana use and possession in the state of Arizona. This decriminalization leaves many with the question of “What does this mean for people who have been charged and convicted of marijuana related crimes prior to the legalization?” Below, you will find a couple of common questions people have after Prop 207 passed.

What Does Prop 207 Mean For Marijuana Convictions in Arizona?

Proposition 207 includes a new statute. (A.R.S. § 36-2862) This statute allows some people to petition courts to seal their marijuana related criminal records. You can have your records sealed if you were arrested, charged, convicted or acquitted on any of the following offenses:

• Possession, Consumption, or Transportation of Marijuana: Those who were convicted or charged with possessing, consuming or transporting 2.5 ounces of marijuana (if in the form of marijuana concentrate (12.5 grams)) or less are eligible to expunge their record.

• Possession, Transportation, or Cultivation of Marijuana Plants: Those who were convicted or charged with possessing, transporting, cultivating or processing no more than 6 marijuana plants at their primary residence for personal use are eligible to expunge their record.

• Possession, Use, or Transportation of Marijuana Paraphernalia: Those who were convicted or charged with possessing, using, or transporting paraphernalia relating to cultivation, manufacture, processing or consumption of marijuana are eligible to expunge their record.

How To Expunge a Marijuana Conviction in AZ

For those who wish to expunge a marijuana conviction in Arizona, you will need to file a petition with the court. To streamline this process, you will want to work with an experienced criminal defense attorney to help you with the filing process. Once you have filed the petition, the court will provide the prosecuting agency 30 days to respond. If disputed, you may have to attend a hearing. Once the court grants your petition, it will issue a signed order stating that it has expunged all records of your arrest, charge, conviction, adjudication and sentence. Your civil rights will be restored and yoru records will be sealed. 

If you need help with the process of expunging your marijuana charges in Arizona, contact us today for more information!

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