Expungement in Arizona
Expungement is available in Arizona for certain marijuana-related offenses that are no longer considered criminal under current law. This remedy is provided under A.R.S. § 36-2862, which permits eligible individuals to petition the court for an expungement order that seals and deletes all records related to the arrest, charge, adjudication, conviction, or sentence.
To qualify for expungement, a person must have been arrested, charged, or convicted for possessing, consuming, or transporting marijuana within the limits now considered legal. This includes possession of up to 2.5 ounces of marijuana, six or fewer plants, or marijuana paraphernalia. Individuals who meet these conditions may apply through the court in the jurisdiction where the conviction or arrest occurred. A lawyer may assist with filing the petition and navigating the legal procedures, though it is not required by law.
Once granted, the expungement order updates the criminal justice record to reflect that the event is treated as though it never occurred. Law enforcement agencies, prosecutors, and courts must seal and destroy all associated records, and defendants are legally permitted to state that the event did not happen when undergoing background checks for employment, housing, or licensing. Expungement differs from other remedies like set aside or criminal record sealing because it removes the record entirely, rather than simply updating the judgment.
Expungement offers important relief for individuals impacted by prior marijuana convictions, helping to eliminate barriers in areas such as employment, housing, and social stigma. The court will consider the facts of the case, applicable statute, and whether the arrest or conviction meets the threshold for legal expungement under Arizona law.
Expungement Frequently Asked Questions
What can I do if I was arrested for marijuana possession before it was legal?
You should be eligible for full expungement under Prop 207 which erases the arrest and removes it from public records entirely. Even arrests can show up online and on background checks unless it is expunged.
What can I do if I have a marijuana conviction on my record?
If it involved less than 2.5 ounces, 6 plants, or paraphernalia, you’re eligible for expungement which will wipe the conviction completely off your record. Even though it is now legal, past cases will show up online and on background checks unless it is expunged.
What can I do if my marijuana charge was dismissed but still shows up?
You can request expungement to fully remove the dismissed case from court and background check systems. Even dismissed cases will show up online and on background checks unless it is expunged.
What can I do if I plead guilty to a low-level marijuana charge?
If it involved possession, transportation, or cultivation within Prop 207 limits, you can be eligible for expungement, even if you took a plea deal. Even though it is now legal, past cases will show up online and on background checks unless it is expunged.
What can I do if my old marijuana conviction is blocking job or housing applications?
Expungement removes the conviction from your record, allowing you to legally say it never happened in applications.
What can I do if I was under 21 when I got a marijuana charge?
Youth or age at the time of the offense doesn’t matter, if the charge qualifies under Prop 207, you can apply to have it fully expunged.