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Arizona Marijuana Conviction Expungement
Arizona voters passed Proposition 207 in November 2020, which allows for those convicted of certain cannabis related crimes to petition a court for the expungement of their criminal record.
What is Proposition 207 and How Does This Effect Me?
What is Proposition 207?
On November 3, 2020, Arizona voters passed ballot initiative Proposition 207, the Smart and Safe Arizona Act, by approximately 60% of the vote. This legalized the recreational possession and use of certain quantities of marijuana for adults age 21 or older. A.R.S. § 36-2852.
Effective July 2021, Proposition 207 allows for those convicted of certain marijuana-related crimes to petition a court for the expungement and sealing of arrests, charges, convictions, adjudications, and sentence associated with that record. A.R.S. § 36-2862(A).
The law is retroactive, therefore, it applies to ALL eligible convictions arising prior to its passage! You don’t have to wait until July 2021 to contact us! We can begin processing your petition right away and will file it for you once the law has taken effect. This ensures you receive the fastest service possible.
What is Arizona Conviction Expungement?
Prior to the approval of Proposition 207, Arizona, unlike most states, did not broadly offer sealing or expungement as a form of post-conviction relief.
When a conviction is expunged, the record is sealed or destroyed and is no longer accessible to the public, but only accessible to the individual whose record was expunged. In contrast, when a conviction is set aside, the judgment of guilt is vacated and dismissed, but the criminal records are not sealed or destroyed and instead remain accessible to the public. Arizona law deems records of set aside convictions important to retain as a matter of public policy.
Call to speak with an Arizona expungement lawyer at Civil Rights Restored to discuss your eligibility today!
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Arizona Marijuana Expungement Eligibility
Call Now to Discuss Your Eligibility!
Whether the court grants the motion to expunge a conviction and the criminal records is entirely discretionary and based on the particular facts of each case. The process can be complicated and confusing, which is why enlisting the help of a qualified attorney practicing in this area from Civil Rights Restored is a good idea.
Arizona Marijuana Conviction Only
You must have been convicted of a qualifying marijuana-related offense under the state laws in Arizona in order for a judge in a state court in Arizona to grant you expungement of your criminal record. Contact Civil Rights Restored today to discuss your eligibility.
If you were convicted of a crime outside of the borders of Arizona, you must file in the state that you were convicted in. You may consider going to the state bar website of that state to conduct an attorney search, if you need an attorney. Eligibility to have Arizona marijuana conviction expunged requirements.
Pursuant to A.R.S. § 36-2862(A), those convicted of following offenses are eligible to petition the court for the expungement of their criminal record:
- Possessing, consuming or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
- Possessing, transporting, cultivating or processing not more than six marijuana plants at the individual’s primary residence for personal use.
- Possessing, using or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana.
What’s the Effect of Expungement on My Criminal Record?
If the court grants the petition to expunge a person’s criminal record, the person will receive a signed minute entry which provides for all of the following, pursuant to A.R.S. § 36-2862(C):
- Vacate the judgment of conviction.
- State that it expunges any record of the petitioner’s arrest, charge, conviction, adjudication and sentence.
- State that the petitioner’s civil rights, including the right to possess firearms, are restored, unless the petitioner is otherwise not eligible for the restoration of civil rights on grounds other than a conviction for an offense set forth in this section.
- Require the clerk of the court to notify the department of public safety, the prosecuting agency and the arresting law enforcement agency, if applicable, of the expungement order.
- Require the clerk of the court to seal all records relating to the expunged arrest, charge, adjudication, conviction or sentence and allow the records to be accessed only by the individual whose record was expunged or the individual’s attorney.
What’s the Benefit to Expunging My Arizona Marijuana Conviction?
Convictions expunged pursuant to this section may NOT be used for subsequent prosecution.
Evidence of the expunged prior conviction pursuant to this section may not be used by a prosecuting agency or a court in a subsequent prosecution for any purpose. A.R.S. § 36-2862(D).
For example, the expunged conviction may not be used in a later prosecution for purposes of sentence enhancement. This is a strong positive factor to the future of the person whose record is expunged.
You may say that you have never been arrested for or convicted of the expunged crime.*
A person whose “record of arrest, charge, adjudication, conviction or sentence is expunged pursuant to this section may state that the individual has never been arrested for, charged with, adjudicated or convicted of, or sentenced for the crime that is the subject of the expungement.” A.R.S. § 36-2862(E).
Arizona has finally adopted a statute that allows for those convicted of eligible offenses to have their associated criminal record expunged. This will have significant implications for those whose eligible convictions are expunged in many areas of life:
- School functions
- Positive mental health implications for the person whose record is expunged
*Some agencies and institutions may still require you under their rules and/or regulations to disclose the existence of prior criminal history. Please refer to their specific rules.
Proposition 207 Text: Arizona Secretary of State, Ballot Initiative Petition I-23-2020, filed September 26, 2019.
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