Can You Expunge a Marijuana Arrest If You Were Never Convicted in Arizona?

If you were arrested for marijuana possession in Arizona but never convicted, you might be wondering whether that record can be cleared. The good news is yes, it’s possible. Under Arizona law, even if you were never convicted, or even if charges were never filed, you may be eligible to have a marijuana-related arrest expunged. Thanks to recent changes in Arizona law, this kind of relief is now available, and it could make a meaningful difference in your life.

Arizona’s Expungement Law for Marijuana Offenses

In 2020, Arizona voters approved Proposition 207, also known as the Smart and Safe Arizona Act. Most people know this law for legalizing recreational marijuana use for adults 21 and older. But one of the most impactful parts of Prop 207 is that it also created a new legal tool: expungement for certain marijuana-related arrests, charges, and convictions.

What makes this law stand out is that it doesn’t just apply to people who were convicted. If you were arrested or charged with a qualifying marijuana offense and the case was later dropped, dismissed, or never filed at all, you may still qualify to expunge the record entirely.

This option falls under A.R.S. § 36-2862, and it’s one of the few avenues in Arizona that lets people remove a marijuana arrest from their history as if it never occurred.

What Expungement Really Means in Arizona

Under Prop 207, expungement means that the court orders the arrest, charge, or conviction to be removed from your record. It goes beyond just marking it as resolved, it legally treats the incident as if it never occurred. Government agencies are required to seal the record and update their systems. If your expungement is granted under A.R.S. § 36-2862, you are allowed to say that you have never been arrested, charged, adjudicated, convicted, or sentenced for that offense.

Unlike other forms of relief like a set aside or record sealing, which are helpful but still leave a trace behind, expungement under this law can fully erase the event from official records. That can be a huge relief when it comes to applying for jobs, finding housing, or simply putting the past behind you.

Who Is Eligible to Expunge a Marijuana Arrest?

Eligibility depends on the type of marijuana-related offense and whether it involved conduct that occurred before November 30, 2020, and falls within what Arizona law now considers legal under Proposition 207. You may be able to expunge your arrest if it involved the possession, use, or transport of 2.5 ounces or less of marijuana so long as no more than 12.5 grams were in concentrate form. You may also qualify if you were arrested for cultivating up to six marijuana plants at your primary residence for personal use or if you were caught with marijuana-related paraphernalia. Even if you were arrested but no formal complaint was filed, or if charges were later dismissed, you may still have the right to petition for expungement, provided the arrest involved a qualifying offense under A.R.S. § 36-2862.

This law is meant to recognize that actions once considered criminal are now legal. It provides a way to undo the harm caused by outdated marijuana enforcement, especially for those who were never even convicted in the first place.

What If You Completed Diversion or Your Case Was Dismissed?

A common misconception is that if your case was dismissed, or if you completed a diversion program, your record is already “clear.” Unfortunately, that’s rarely the case. Even when charges don’t result in a conviction, the arrest record can still exist in online court records and law enforcement databases which show up during background checks. That can create lasting problems especially for jobs, licenses, or housing applications.

Expungement under Proposition 207 offers a solution. It allows you to formally clear the arrest or charge, making it invisible to most employers and agencies. This is one of the few legal options in Arizona that removes a marijuana arrest even when there was never a conviction on your record.

Understanding the Expungement Process

The process begins by filing a formal petition with the court under A.R.S. § 36-2862. This petition needs to clearly state what offense you’re seeking to expunge and include any relevant documents or case information. Once filed, the court notifies the prosecutor’s office, which then has the opportunity to object. If there’s no objection, or if the judge agrees in your favor, your record can be expunged.

In some cases, a hearing may be required, especially if there’s a disagreement about your eligibility. But once the court approves your petition, a formal order is issued. After that, the record is sealed and removed from public view.

It’s important to understand that even after the judge signs off, there’s a short administrative delay. While timelines can vary by court, there may be a short administrative delay after the judge signs the expungement order. Courts will then complete internal updates and notify relevant agencies to seal the record. Only after those steps are completed will the case be fully sealed in court systems and removed from public view.

Why Expungement Matters—Even If You Weren’t Convicted

Many people assume that if they were never convicted, their record won’t affect them. But background check companies often pull information from police databases, and an arrest alone can raise red flags. Employers, landlords, or licensing agencies may not see the full story as they might just see that you were arrested and move on to other candidates.

Expungement helps correct that. It ensures that the record doesn’t follow you around indefinitely. It can give you a fresh start—legally and professionally—by allowing you to say, truthfully, that you’ve never been arrested for that marijuana offense.

The Real-World Benefits of Expungement

Having your marijuana arrest expunged doesn’t just clean up your record, it can change the trajectory of your life. People who successfully expunge their records often find they’re more confident applying for jobs, passing background checks, and accessing benefits they were previously denied. In legal terms, expungement means you’re no longer required to disclose the event on most applications. And in practical terms, it means fewer awkward explanations, fewer denials, and fewer lost opportunities.

By removing the legal stain of a marijuana arrest, expungement empowers people to pursue employment, housing, professional licenses, education, and financial aid without unnecessary barriers. For many, it’s not just about clearing a record, it’s about restoring dignity and opportunity.

What If You Don’t Qualify?

If your marijuana case doesn’t fall under the specific guidelines of Proposition 207, such as if it involved amounts above the legal threshold or included other non-marijuana charges, you may still have options. Arizona has two other legal remedies that may apply depending on your situation: a set aside under A.R.S. § 13-905, which releases penalties from a conviction, and record sealing under A.R.S. § 13-911, which seals your arrest and criminal records – essentially the same as expungement. However, these forms of relief differ from expungement and do not fully erase the event.

It’s also worth noting that eligibility for one form of relief doesn’t always mean eligibility for another. That’s why reviewing your case in detail is so important.

Moving Forward With Confidence

If you’re unsure whether your marijuana arrest qualifies for expungement, or if you’re not even sure what’s still on your record you’re not alone. Many people don’t remember the details of a case that happened years ago, or they never received clear documentation. That’s okay. There are ways to pull your criminal history, gather the right paperwork, and take the next step with confidence.

You don’t need to carry the weight of an old arrest forever. Arizona’s laws now offer a second chance to people who were impacted by outdated marijuana policies. If you’re ready to clear your name and move forward, this could be your moment to do just that.

Zachary Divelbiss, Lawyer
Future First Criminal Law