When Proposition 207 passed in 2020, it did more than just legalize the recreational use of marijuana in Arizona. It also provided meaningful relief to people with criminal records for certain marijuana-related offenses that are no longer considered crimes under current Arizona law. Through this law, individuals may now be eligible to expunge their records—permanently removing all traces of an arrest, charge, or conviction from the public record.
For many, this relief is more than symbolic. It offers a chance to move forward in life without the ongoing barriers caused by a marijuana-related criminal charge. From employment and housing applications to professional licensing and educational opportunities, the effects of a past conviction can be long-lasting. That’s why understanding the eligibility criteria for marijuana expungement is so important—and why I take care to guide each client through the process with clarity and precision.
What Expungement Means Under Arizona’s Prop 207
Expungement under A.R.S. § 36-2862 is distinct from a set aside or record sealing. If granted, it removes all legal record of the offense. That includes police, court, and prosecutor records, and it prohibits anyone from being required to disclose the expunged case on applications or under background check scrutiny. For those who qualify, it’s the most comprehensive form of record relief currently available under Arizona’s criminal justice system.
Under Prop 207, expungement applies only to specific marijuana-related offenses and is not available for other felony or misdemeanor crimes. In addition, this process is state-specific—it does not impact federal records or immigration status, and cannot be used to undo prior convictions from other jurisdictions outside of Arizona.
Who Is Eligible for Marijuana Expungement?
Not all marijuana-related offenses qualify for expungement. Prop 207 clearly defines three categories of conduct that are now legal in Arizona, and these are the only offenses eligible for relief:
Possession, Consumption, or Transportation of Marijuana
Individuals may request to expunge a record if it relates solely to possessing, consuming, or transporting 2.5 ounces or less of marijuana, with no more than 12.5 grams of concentrate (extract). This threshold aligns with what’s now allowed under current Arizona regulations for adult recreational use.
Cultivation or Transportation of Marijuana Plants
Expungement may also be granted for possession, transportation, or cultivation of up to six marijuana plants for personal use at a primary residence. This provision allows adults to legally grow cannabis for non-commercial purposes, and charges stemming from this activity—when done within lawful limits—can now be expunged.
Marijuana Paraphernalia Charges
Some people were previously charged with offenses related to pipes, containers, or tools used for marijuana consumption. If the paraphernalia was linked solely to conduct that is now legal under Prop 207, those charges or convictions may also be eligible for expungement.
It’s important to note that more serious marijuana crimes, including distribution outside the legal limit, possession of large amounts, or offenses involving violence, remain ineligible and illegal. Each case must be carefully reviewed to confirm that the underlying conduct fits within the scope of 2020 Arizona Proposition 207.
How to Petition for Expungement
To begin the process, a petition must be filed in the court where the original case was handled. If the case involved multiple counties, petitions may need to be filed in more than one jurisdiction. The petition must include identifying information, court records, and documentation demonstrating that the conduct now qualifies under Prop 207.
Once filed, the county attorney has the opportunity to object. If an objection is made, the court will hold a hearing where both sides may present evidence. If no objection is filed—or if the court finds that the petitioner qualifies—an expungement order will be granted.
There is no court filing fee for Prop 207 expungement petitions, and individuals may represent themselves or seek help from a private criminal defense lawyer. While legal representation is not required, I strongly recommend having legal support—especially if the case involves more than one charge, any plea agreement, or prior probation violations.
How Expungement Helps
The effects of a marijuana-related criminal conviction can follow someone for years—even decades—long after they’ve served a sentence or completed probation. A conviction can make it harder to:
- Pass background checks for employment
- Apply for professional licenses
- Secure housing
- Enroll in higher education
- Regain certain civil rights and firearm rights
By expunging a record, individuals are legally entitled to deny the existence of that arrest or conviction on most applications. This level of privacy and protection can be transformative, especially for those who have faced long-term barriers due to minor marijuana offenses.
Expungement also helps reduce administrative costs for the state, avoids unnecessary delays in licensing and employment, and improves equity within Arizona’s broader criminal law system—an important goal of criminal justice reform.
Common Misconceptions About Marijuana Expungement
“I was never convicted—can I still expunge the record?”
Yes. Expungement is available for qualifying arrests and charges even if they didn’t lead to a conviction. If you were arrested but not prosecuted, or your case was dismissed, you may still be eligible.
“Is record sealing the same as expungement?”
No. Sealing a record restricts public access but doesn’t erase it. Expungement under Prop 207 goes further by destroying the record and treating the case as though it never occurred.
“Will I have to attend a hearing?”
Not necessarily. Some petitions are granted without a hearing if there’s no objection from the prosecutor. However, hearings may be scheduled in cases with objections or unclear circumstances.
Moving Forward with Confidence
Arizona’s marijuana expungement process is a critical opportunity for individuals to permanently remove the burden of a past offense that no longer reflects current state law. As a criminal defense lawyer who works closely with clients in Maricopa County, I’ve seen firsthand the difference this kind of relief can make—for families, careers, and future stability.
If your record involves a charge or conviction that may qualify under Prop 207, don’t delay in seeking legal clarity. Properly filing a petition, addressing any legal objections, and ensuring complete documentation can make all the difference in achieving a successful outcome.
Contact Us to Begin the Expungement Process
If you believe you may qualify for marijuana expungement, we can help determine your eligibility and guide you through every step of the petition process. Our office is committed to providing precise, timely, and compassionate legal support for individuals ready to move forward without the weight of a past criminal record.
Contact our office today to schedule a consultation and take the first step toward a clean slate.
