In November 2020, Arizona voters passed Proposition 207, which allows individuals to petition the court at no cost to expunge certain marijuana-related records. This article provides an overview of the expungement process under Proposition 207.
Expungement: What It Does
When a court grants an expungement petition under Proposition 207, the following actions are taken regarding the expunged charge:
- Conviction and sentence are vacated.
- Remaining fines are waived.
- Any outstanding warrants on the charge are quashed.
- Court files are sealed.
- Law enforcement records are sealed (arresting agency, prosecutor, Arizona Department of Public Safety (DPS)).
- Sealed records are accessible only to the defendant or their attorney.
- The offense cannot be used as a prior conviction.
- The defendant's civil rights (voting, firearms) may be restored.
- The defendant can truthfully claim they have never been arrested, cited, charged, convicted, or sentenced for the expunged charge.
Individuals can qualify for expungement even if they were never convicted or served jail time, or have not completed the terms of a sentence for a qualifying offense. Eligible petitioners include those arrested, charged, convicted, sentenced, or acquitted of any of the following offenses (ARS § 36-2862):
- Possessing, consuming, or transporting 2.5 ounces or less of marijuana, with no more than 12.5 grams in concentrate form.
- Possessing, transporting, cultivating, or processing up to six marijuana plants at the primary residence for personal use.
- Possessing, using, or transporting paraphernalia related to marijuana cultivation, manufacture, processing, or consumption.
Note: marijuana includes cannabis.
For multiple eligible offenses under different case numbers, file a separate petition for each case number.
- For arrests not resulting in a court case: File the petition in the Superior Court for the county where the arrest occurred.
- For arrests resulting in a court case: File the petition in the court that adjudicated the matter (Justice Courts, Superior Court, or city Municipal Courts in Maricopa County).
- For cases involving individuals under 18: File the petition in the Superior Court for the county where adjudication took place.
- Petitions accepted starting July 12, 2021.
- Insufficient petitions dismissed within 45 days; the court may advise on necessary information. No fee to re-apply if a petition is dismissed or denied.
- Appeal denials within 14 days.
- Petitions may be granted by default if the prosecuting agency doesn't respond within 45 days.
- Signed orders distributed to the defendant, prosecutor, defense attorney, arresting agency, and DPS.
- Sealed records are removed from all public court databases.
Contact Us Today
Don't let your past marijuana-related convictions hold you back any longer. Our experienced team at the Hamp Law Offices is here to help guide you through the expungement process under Proposition 207. We understand the intricacies of the law and will work diligently to ensure your petition is complete and accurate.
Take the first step toward a fresh start today by contacting our office for a free consultation. Let us help you navigate the complexities of expungement so you can confidently move forward and regain your civil rights.
Call us now at (928) 753-6868 or email us at [email protected] to schedule your free consultation. Don't wait – start reclaiming your future today!