The client carried a Class 2 Felony Transportation of Marijuana for Sale conviction out of Maricopa County Superior Court. Future First filed the expungement application under ARS § 36-2862 and the court granted the application in 57 days, expunging the record under Proposition 207.
At a glance
| Original conviction | Transportation of Marijuana for Sale (ARS § 13-3405), Class 2 Felony |
| Application filed | Petition to Expunge Marijuana Conviction, ARS § 36-2862, 2021 |
| Court | Maricopa County Superior Court |
| Result | Expungement Granted. The Class 2 Felony Transportation of Marijuana for Sale conviction expunged under Proposition 207. |
| Rights restored | N/A under § 36-2862. Expungement closes the record and treats the case as if never existed for most purposes. Firearm and civil rights restoration runs on the separate statutory tracks where applicable. |
| Time from filing to grant | 57 days from application filing to granted |
The challenge
Transportation of Marijuana for Sale under ARS § 13-3405 charged as a Class 2 Felony was the harshest marijuana charge filed under Arizona’s pre-legalization drug code. Class 2 Felony sits at the top of the felony tier. The conviction strips civil rights at sentencing and carries the federal firearm prohibition that follows any felony for life. Before Proposition 207, the only cleanup path for this type of conviction was set aside under ARS § 13-905.
Proposition 207 changed that. ARS § 36-2862 created an expungement remedy specifically for marijuana convictions, including transportation-for-sale convictions, regardless of felony class. Once the petition is granted, the record is treated as if the arrest, prosecution, conviction, and sentencing never occurred.
What we did
Future First filed the Petition to Expunge Marijuana Conviction under ARS § 36-2862 in Maricopa County Superior Court. The application covered the Class 2 Felony Transportation of Marijuana for Sale conviction. The package documented that the conviction fell within § 36-2862’s scope, that the conduct involved an amount within the statutory eligibility ceiling, and that all sentence terms were complete.
The court took 57 days to move the petition through review. The petition held up at every step and the court entered the order on the merits.
The judge signed the order. Expungement granted on the Class 2 Felony Transportation of Marijuana for Sale conviction. The record is expunged under § 36-2862. The arrest, prosecution, conviction, and sentencing are treated as if never occurred.
What our clients say
Read verified reviews from real Future First clients on our client reviews page or directly on Google.
If you have a felony marijuana transportation conviction on your record
ARS § 36-2862 reaches Class 2 Felony Transportation of Marijuana for Sale convictions, provided the conduct involved an amount within the statutory eligibility ceiling. The expungement remedy under Proposition 207 was designed to undo marijuana convictions across the felony tier, not just possession-level cases.
Expungement under § 36-2862 is stronger than set aside under § 13-905. Set aside vacates the conviction but leaves the case file public. Expungement closes the record and treats the case as if never occurred for most purposes. For eligible marijuana convictions, expungement is the path to choose.
The petition must show that the offense is eligible under § 36-2862. The prosecutor receives notice and time to object. Most marijuana expungements move through the court on the merits without a hearing once the eligibility analysis is established.
Related resources
- Expunge an Arizona marijuana conviction
- Set aside an Arizona conviction
- Seal your Arizona arrest record
Call us
Want to clear your record in Arizona? Call Future First Criminal Law at 602-900-6240 or request a free consultation. We have handled hundreds of Arizona record removal applications across every statute path. The cleanup is permanent and the process moves faster when handled by a firm that knows the local court.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona record removal law, visit the Arizona State Legislature website.
- About the Author
- Latest Posts
Life’s better with a clean record