Expunging Marijuana Convictions in Arizona

Not only did Proposition 207, legalize marijuana, it allows those with a qualifyingmarijuana conviction to petition the court for the expungement of their criminal record. See A.R.S. § 36-2862. The expungement portion of Prop 207 took effect this month, on July 12, 2021.

Expungement is only available for three types of marijuana convictions:

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 petition for the expungement of any record of their arrest, charge, conviction, adjudication, and sentence.

Possession, Transportation, or Cultivation of Marijuana Plants

Those who were convicted or charged with possessing, transporting, cultivating, or processing no more than six marijuana plants at their primary residence for personal use are eligible to petition for the expungement of any record of their arrest, charge, conviction, adjudication, and sentence.

Possession, Use, or Transportation of Marijuana Paraphernalia

Those who were convicted or charged with possessing, using, or transporting paraphernalia relating to the cultivation, manufacture, processing, or consumption of marijuana are eligible to petition for the expungement of any record of their arrest, charge, conviction, adjudication, and sentence.

Notably, the law does not apply to convictions related to driving under the influence of marijuana.

Why is this law unique?

Historically in Arizona, convictions could only be “set aside”. When a conviction is set aside, it still remains part of public record. In other words, the conviction would still be revealed through a background check, although it will be noted that it has been set aside.

Expungement effectively seals the records related to the arrest and conviction. While the information can be accessed by law enforcement, the public will not be able to see any of the records.

While our firm is happy to assist anyone in this process, the courts, and some prosecuting agencies, have tried to make it easy. For example, the Maricopa County Attorney’s Office has a form on its website that defendants can complete, and submit directly online:

Maricopa County Attorney Office Website

The best news is that it is free to apply! After a petition has been filed, the court will give the prosecuting agency 30-days in which to respond to the petition for expungement. If the prosecutor disputes the validity thereof, the court may set a hearing. At this hearing, the prosecuting agency will be required to produce clear and convincing evidence that the defendant is not eligible for expungement.

If the court grants the petition, it will issue a signed order stating that it has expunged all records of your arrest, charge, conviction, adjudication, and sentence. The defendant’s civil rights will be formally restored, his records will be sealed, and the appropriate agencies will be notified, including the Department of Public Safety, the prosecuting agency, and the arresting law enforcement agency.

In addition, the court will also quash any outstanding warrants related to the expunged charges, reduce any outstanding monetary obligation balance to zero (including arrearages), formally end any remaining probation sentence related to the expunged charges, adjust any outstanding payment contracts, and update the Fines/Fees and Restitution Enforcement (FARE) Program as needed. If the court denies the petition, the defendant is entitled to an appeal.

We here at Adams & Associates are always available to answer any of your questions related to expungement of marijuana, or other convictions. Contact us at 480-219-1366, or email Ashley at Have a great rest of the summer!